How do I claim compensation against a NSW government agency?

Making a claim against a NSW government agency has a slightly different process to other employers. Find out more in this blog.

What are the steps to claim workers compensation from a government agency?

Making a claim against a NSW government agency has a slightly different process to other employers. The governing body for workers compensation in NSW is iCare and they manage all workers compensation claims for government employees. Chances of success are very much the same as a claim against a non-government employer and comes down to the nature of your injury and the evidence available.

A comprehensive scheme of protections is provided for NSW government employees. To make a claim against a NSW government agency, you should first report your injury to your employer and provide them with a workers compensation Certificate of Capacity completed by your doctor. Your employer will then notify the relevant claims management provider appointed by iCare of your claim.

To deliver a competitive process for workers compensation claims, iCare has partnered with three key claims management providers:

  • Allianz Australia
  • EML
  • QBE

Once your employer has lodged your claim with iCare, you will be contacted to provide supporting information and a claim form.  You will also be required to provide additional Certificates of Capacity from your doctor covering your periods away from work.

The certificate will contain the following information: 

  • Your injury and how it is connected to your employment
  • Medical treatment that you are undergoing
  • Whether you are able to work in any capacity
  • Recommendation for specialists or rehabilitation providers
  • Expected date of return to work

To avoid any delays with your claim, you should ensure all supporting documentation is ready to go. 

Do government agencies have any special protections against workcover claims?

There are no specific defences available to government agencies. If anything, there is an inherent requirement that employer obligations are adhered to at the highest of standards by NSW government agencies. 

In NSW, support and assistance for workplace accidents can be provided to NSW employees for:

  • Lost wages
  • Medical treatment
  • Return to work assistance 

The NSW Government agency responsible for regulating claims for workplace accidents, State Insurance Regulatory Authority (SIRA), has provided a guide detailing the specific obligations of all employers including NSW agencies.

According to the guide, NSW agencies are required to:

  • Take out workers compensation insurance
  • Provide information to employees about the process if they are injured at work via a poster
  • Document a return to work program
  • Notify their insurer within 48 hours of receiving news of a workplace injury
  • Participate in the recovery plan of the worker
  • Provide suitable work where possible

If you have a workcover claim against a NSW government agency, you must report it immediately. Your employer has a clear obligation to report the incident to iCare and start the process on your behalf.

Apart from claims for treatment, rehabilitation back to work and weekly payments for time away from work due to the injury, an injured worker may also have a valid claim for a lump sum payment, depending on the extent and degree of the injury and the effect of the injury on a whole range of daily activities.  We can assist you with advice in this regard.  It’s important to note that at no time will you be asked to pay for legal costs or expenses to investigate and conduct any workers compensation claim against a NSW State Government employer. All legal costs and expenses are paid by the Independent Review Office or the employer at the conclusion of a workers compensation claim.

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If you are worried about the chances of success of your claim or are having second thoughts due to the challenges of collecting evidence, speak to one of our experienced compensation lawyers at Masselos & Co. Book your free consultation today.

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