NSW Health Workers Compensation

Written by

Issa Rabaya

Principal Lawyer and Director · Last updated 22 September 2026

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Key Takeaway: Nurses, aged care staff and other NSW health workers who are injured at work can claim workers compensation for weekly payments, medical expenses and, in more serious cases, a lump sum. Your right to claim does not depend on who was at fault. Withstand Lawyers helps NSW health workers get their entitlements on a no win, no fee basis.

NSW Health Workers Compensation: Quick Answers

The healthcare and social assistance sector in New South Wales (NSW) includes hospitals, medical services, child care, residential care, allied health and other medical and social assistance services. Health care is among the most hazardous industries with COVID-19 posing additional pressure on medical care services and creating more risk for its workers. If you had an injury during the course of work, you may be entitled to workers compensation benefits below:

• Weekly wages
• Medical expenses
• Lump sum payment
• Domestic assistance
• Common law payout

What does health worker compensation cover?

Under the Workers Compensation Act 1987 (NSW), you may be entitled to compensation wages, medical expenses, home care, travel expenses.

You may also be entitled to a lump sum payment if your injury is assessed at 11% whole person impairment or greater, or you sustained a primary psychological injury with 15% or greater.

If your employer was negligent and your injuries are assessed with 15% or more whole person impairment you can make a claim for work injury damages, which may allow you to claim your future lost earnings until the retirement.

If you are a paramedic, the threshold of the personal impairment is 0%. Click here to read more about exempt workers.

How to make a claim for compensation as an injured health worker

If you want to make a claim against your employer as an injured health worker, you should first report the accident to your employer as soon as possible by completing a Work Injury Claim Form along with a Certificate of Capacity to be completed by your doctor. Your employer will then have 48 hours to send it to its workers compensation insurer. The Work Injury Claim Form should also document the details such as your pre-injury wage, date and description of the injury and your return-to-work program.

Legal costs and disbursements of workers compensation for healthcare

Workers compensation arises out of an injury and/or illness as a result of an injury in the course of employment. This means that you are either physically in pain and/or psychologically suffering. Let us simplify the legal process to you simply and in an easy to understand way. Our experienced Workers Compensation Lawyers can assist you to get the best workers compensation payout possible on No Win No Fee basis in NSW. As to legal costs for workers compensation claims, they are covered by the Workcover Independent Review Office (WIRO) which means that no matter the result you do not pay for any legal costs whatsoever. The team at Withstand Lawyers is conventionality located in Sydney & Parramatta. Call us on 1800 952 898 or book a consultation to receive the clearest, best and quickest assistance possible.

NSW Health Workers Compensation FAQs

Why should I hire a health workers compensation lawyer?

Our senior lawyers experienced with workers compensation claims can successfully assess a worker’s injury in terms of legal regulations and offer valuable advice on their rights and benefits and how to claim them. Furthermore, our lawyers can guide you through legal proceedings of making a claim and advise you on what to expect in the process. You also do not need to pay for our lawyers costs and disbursements.

As a healthcare worker how long after my injury can I claim compensation?

Workers compensation claims should be made within 6 months after the date of the injury. In some situations like absence from the state, a claim can be made up to three years. If a longer period than 3 years has passed after the injury and a claim has still not been made, it is possible to make one via the State Insurance Regulatory Authority’s (SIRA) approval.

When should I speak to a health workers compensation lawyer?

If you were injured as a result of your employment as a health worker, you can consult our senior workers compensation lawyers at any point in your claim process. However, we recommend speaking to our workers compensation lawyers as soon as possible in order to receive clear advice from the start of your claim or as soon as possible.

Do I have to be in Sydney to make health worker compensation claim?

You do not have to be in Sydney to make a compensation claim if you sustained a work-related injury as a health worker. The law is the same anywhere in NSW. Regardless of where you are located, our lawyers are experienced in health workers compensation and are conveniently located in Sydney, Parramatta, Penrith, Liverpool and Wollongong.

How much compensation can I get from a health worker compensation claim?

The benefits you may obtain at the end of your claim will depend on the specific circumstances of your case of injury, like the seriousness of your injury. Consulting our experienced health worker injury lawyers can help you in anticipating the results of your claim.

What are the most common work-related hazards and injuries in healthcare industry?

According to SafeWork, most frequently reported cases of injury from health workers are muscular stress, falls on the same level, harassment and bullying and work pressure. Common hazards giving way to the above injuries, on the other hand, are listed as hazardous manual tasks, hazardous chemicals, fatigue, slips, trips, and falls, transition of support from one service to another, violence, workplace bullying and working in people’s homes.

Can I be sacked for making a NSW workers compensation claim?

No. In NSW it is unlawful for an employer to dismiss you solely because you have made or intend to make a workers compensation claim within the protected period. If you believe you have been treated unfairly for claiming, you should get legal advice quickly, as strict time limits can apply.

What is the difference between a threshold and non-threshold injury?

In the NSW scheme, your entitlements can depend on the severity of your permanent impairment. Injuries below the set threshold attract standard benefits like weekly payments and medical costs, while more serious, non-threshold injuries can unlock additional lump sum and work injury damages entitlements. A lawyer can assess where your injury is likely to sit.

Free Initial Consultation

Complete for eligibility advice

Withstand Lawyers offers NSW health workers a free, no obligation initial consultation to review your injury, explain your workers compensation entitlements, and outline the next steps. There is no cost and no pressure, and we run genuine claims on a no win, no fee basis.

About the author

Issa Rabaya · Principal Lawyer and Director

✓ Admitted to the Supreme Court of NSW and High Court of Australia  ✓ LLB  ✓ IRO-approved  ✓ Law Society of NSW

Acts for injured people in CTP, workers compensation, TPD and public liability claims.

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Why Choose Withstand Lawyers for Your Workers Compensation Claim?

Being injured at work while caring for others is tough, and the NSW workers compensation system can be confusing and slow. Withstand Lawyers takes the pressure off. We help NSW health workers lodge claims, challenge insurers who cut off payments unfairly, and pursue every entitlement from weekly payments to lump sums and work injury damages. Our team understands the demands of hospital and aged care work, and we treat every client with honesty and genuine care while keeping you informed at each stage. You look after your recovery and let us handle the claim. Over $60 million recovered, 99% success rate, no win, no fee.

Call Withstand Lawyers on 1800 952 898 for your free claim check today.