The main parties involved in resolving a workers’ compensation claim dispute include:
- Your employer
- The insurer managing your claim
- Legal assistance: Workers Compensation Independent Review Office (WIRO)
- Tribunal: Workers Compensation Commission (WCC)
- Regulating body: State Insurance Regulatory Authority (SIRA)
We’re here to assist you at any stage of a current or potential dispute. For further information, you can call us on 13 44 22.
Most disputes will involve either your employer or the insurer who manages your employer’s insurance policy.
You may have disputes with your employer around injury management and their provision of suitable employment to you.
Where possible, it is best to try to resolve these disagreements with your employer directly before you engage in legal measures.
If you need help or advice on dealing with your employer, see below for more information on how WIRO might be able to assist you.
There are four insurers that currently manage workers insurance policies and injured worker claims services on behalf of icare.
They are Allianz, CGU, EML and GIO.
Should they decide to dispute or decline any aspect of your claim, they must provide you with a written explanation of their decision, attaching all relevant reports and documents.
They must provide you with information on how to ask for a review of the decision and where to seek further assistance.
To learn more about insurer’s responsibilities, see SIRA’s Guidelines for claiming workers insurance.
Workers Compensation Independent Review Office (WIRO)
The WIRO is an independent office established by the NSW Government to help injured workers and employers navigate the workers compensation system.
They can provide general advice to you at any point in time, free of charge.
In some cases, they can also facilitate access to free legal advice.
It’s an independent statutory organisation that, where possible, resolves complaints made by workers about insurers.
For more information on how WIRO might assist you with your disputes, see Legal costs.
Workers Compensation Commission
The WCC is an independent statutory tribunal that handles disputes about workers compensation.
The WCC handles disputes about:
- liability for an injury
- weekly compensation for loss of income
- medical and related expenses
- permanent impairment compensation
- injury management.
SIRA is the regulator of icare workers insurance in NSW.
If you are dissatisfied with an insurer’s internal review, you may seek a merit review of the insurer’s work capacity decision with SIRA. You can contact SIRA at email@example.com or call them on 13 10 50.
To learn more about SIRA merit reviews see the SIRA website.