Disputes and complaints
The period after a work-related injury or illness can be complex and challenging for both employers and workers. The uncertainty that can sometimes follow may lead to complaints and disputes.
Workers compensation disputes, complaints and unresolved enquiries
icare recognises that early engagement can help prevent a smaller issue from escalating into a larger dispute.
We have dedicated teams to help you with complaints, enquiries and disputes and will continue to work towards early resolution of liability and work capacity issues wherever possible.
Disputes versus complaints
There is a difference between a complaint and a dispute. A dispute arises when there is a disagreement with an insurer’s decision on a claim.
A separate, independent pathway exists for both employers and workers to express how they feel about a situation or seek guidance.
General queries or complaints about a claim should first be raised with your insurer. You may find their contact information here.
If you're dissatisfied with their response, you can contact icare on 13 99 22 or via email at wiclaimsenquiries@icare.nsw.gov.au.
Policy related queries and complaints should be directed to 13 44 22.
Pathway for disputes
From 1 January 2019 the Workers Compensation Commission (WCC) is the central body for resolving all workers compensation disputes. From 1 March 2021, the Workers Compensation Commission will be known as the Personal Injury Commission (PIC).Workers have the choice to apply for an internal review of a decision by the insurer (who must respond within 14 days of receipt). Alternatively, workers can lodge dispute directly with PIC.
icare encourages workers to seek to resolve the dispute early, directly with the insurer.
The disputes and litigation process
Dispute resolution process
icare is responsible for actioning applications for insurer reviews (pre-litigation disputes).
The legislation provides a worker with this dispute resolution pathway.
Decisions icare can review through this process include:
- disputed claims service provider work capacity decisions (including PIAWE) issued under a section 43 or 78 notice
- disputed claims service provider decisions issued under a section 78 notice.
icare will also action applications for insurer reviews received from employers who dispute claims service provider decisions on these issues.
icare will work closely with claims service providers and our customers to ensure:
- unnecessary disputes are resolved
- customers receive the right level of support, information and advice.
Litigation process
Claims service providers are responsible for managing disputes that are lodged with the Personal Injury Commission for resolution (litigated disputes).
The Commission is an independent statutory tribunal within the state's justice system that provides a transparent and independent dispute resolution service.
The claims service providers responsibility includes seeking legal advice before litigation is commenced, responding to and managing most litigated matters and engaging legal service providers to represent the interests of icare on behalf of employers before the Commission.
Where litigation is identified as significant, icare will either collaborate closely with, or assume responsibility for management of the process from claims service providers.
Significant legal matters includes those matters identified as having potential to have a long-term impact to the scheme, high expected monetary settlement costs and other novel or complex legal matters.
Pathway for complaints and unresolved enquiries
If you have a complaint, you should first raise it with your insurer. You may find their contact information here.
If you are dissatisfied with their response, you can contact icare on 13 99 22 or via email at wiclaimsenquiries@icare.nsw.gov.au.
If you are still not satisfied that your complaint or enquiry has been resolved:
