In New South Wales (NSW), workers’ compensation is a legal requirement for all employers. Workers’ compensation insurance provides financial assistance to employees injured or made ill because of their work, covering treatment costs, lost wages and related expenses.
Not all employers comply. Fines and penalties apply to businesses that employ workers without a valid policy.
If you are injured at work and your employer has no insurance, do not panic. In NSW, all workers are covered under state law. You can still make a claim through icare workers insurance.
Where an employer is uninsured, the government safety net — icare’s Uninsured Liability Indemnity Scheme — acts as the nominal insurer for claims made against that employer.
The key point is this: a genuine workplace injury should not affect your entitlement to benefits, regardless of your employer’s insurance status. For guidance, see Jameson Law – Personal Injury or contact us.
To claim via icare, provide a Certificate of Capacity from your treating doctor confirming your work-related injury and incapacity for employment.
When reporting the incident, have ready:
- Your employer’s details
- Contact details of your treating doctor
- Description of the incident and your injury
- Details of any time off work
Once notified, icare may investigate before accepting liability. These enquiries help determine:
- Who actually employed you
- Whether that employer was uninsured
- Whether you are a “worker” under the Workplace Injury Management and Workers Compensation Act 1998
- Whether the injury occurred in the course of your employment and whether employment was a substantial contributing factor
We understand these investigations can be stressful. Independent information is available from SIRA NSW, icare, SafeWork NSW, Personal Injury Commission and Service NSW. For dispute help, see LawAccess NSW.
At Jameson Law, our workers’ compensation team can assist with both uninsured and insured claims on a No Win No Fee basis. If you have been injured, are unsure about your employer’s insurance status or want advice on your entitlements, call (02) 8806 0866 or use our contact page.
