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Workers Compensation in New South Wales (NSW) 2026 — Your Rights & Entitlements

Last updated: March 2026

Workers compensation in New South Wales is governed by the Workers Compensation Act 1987 (NSW) and Workplace Injury Management and Workers Compensation Act 1998 and administered by the State Insurance Regulatory Authority (SIRA) / icare.

NSW uses a managed fund model through icare (Insurance & Care NSW) for the Treasury Managed Fund, while private employers insure through licensed insurers regulated by SIRA.

Unlike most employment entitlements, workers' compensation is entirely state-based — each state and territory runs its own scheme with different rules, benefits, and processes. If you're injured at work in NSW, your claim will be managed under the NSW scheme regardless of your employer's national operations.

Weekly benefits: Up to 95% of pre-injury average weekly earnings for the first 13 weeks, then 80% for weeks 14-130.

Key Facts: Workers Compensation in NSW

  • ✓Managed by: State Insurance Regulatory Authority (SIRA) / icare
  • ✓Legislation: Workers Compensation Act 1987 (NSW) and Workplace Injury Management and Workers Compensation Act 1998
  • ✓Weekly benefit: Up to 95% of pre-injury average weekly earnings for the first 13 weeks, then 80% for weeks 14-130
  • ✓All employers must have workers' compensation insurance (or be self-insured)
  • ✓Claims must be lodged as soon as practicable after injury
  • ✓Covers physical injuries, psychological injuries, and diseases arising from employment
  • ✓More information: sira.nsw.gov.au
  • ✓Workers are protected from dismissal due to a workers' compensation claim

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Frequently Asked Questions

How do I make a workers compensation claim in New South Wales?▼
Report the injury to your employer as soon as possible, then lodge a claim with your employer's insurer or through the State Insurance Regulatory Authority (SIRA) / icare. You'll need a certificate of capacity from a doctor. Visit sira.nsw.gov.au for claim forms and detailed guidance.
How much will I be paid on workers compensation in NSW?▼
Up to 95% of pre-injury average weekly earnings for the first 13 weeks, then 80% for weeks 14-130. The exact amount depends on your pre-injury earnings and the duration of your incapacity. Medical expenses are covered separately.
Can my employer fire me while I'm on workers comp in New South Wales?▼
There are protections against dismissal while on workers' compensation. Under the Workers Compensation Act 1987 (NSW) and Workplace Injury Management and Workers Compensation Act 1998, employers cannot dismiss workers solely because of their workplace injury, particularly during the initial period of incapacity. However, protections have time limits that vary by state.
Who manages workers compensation in NSW?▼
Workers compensation in New South Wales is managed by the State Insurance Regulatory Authority (SIRA) / icare under the Workers Compensation Act 1987 (NSW) and Workplace Injury Management and Workers Compensation Act 1998. For more information, visit sira.nsw.gov.au.

Workers Compensation in Other States

VICVictoriaQLDQueenslandWAWestern AustraliaSASouth AustraliaTASTasmaniaACTAustralian Capital TerritoryNTNorthern Territory

More Workplace Rights in NSW

Redundancy PayRedundancy Pay rights in New South WalesNotice PeriodNotice Period rights in New South WalesLong Service LeaveLong Service Leave rights in New South WalesUnfair DismissalUnfair Dismissal rights in New South WalesPublic HolidaysPublic Holidays rights in New South Wales

General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.