Your Rights as an Injured Worker in NSW
As an injured worker in NSW, you have specific legal rights. This guide explains what they are and how to exercise them.
In This Guide
Right to Choose Your Doctor
Under the NSW workers compensation system, you have the right to choose your own treating doctor. Your employer and insurer cannot force you to see a particular doctor for your ongoing treatment. You can nominate any AHPRA-registered medical practitioner as your Nominated Treating Doctor — including a Claims Doctor practitioner.
Note: Your insurer can request you attend an Independent Medical Examination (IME) with a doctor of their choosing, but this does not replace your right to your own treating doctor.
Employer Obligations
Your employer is required to lodge your claim promptly, provide suitable duties if available and consistent with your medical restrictions, not discourage or prevent you from making a claim, cooperate with your return-to-work plan, and maintain your position (or an equivalent position) for at least 6 months after your injury.
Protection From Dismissal
Under section 248 of the Workplace Injury Management Act 1998, your employer cannot dismiss you solely or mainly because you have a work injury or have lodged a workers compensation claim, within the first 6 months after the injury. After 6 months, dismissal protections under general employment law and unfair dismissal laws still apply.
Right to Treatment
You are entitled to reasonably necessary medical treatment related to your work injury, paid for by your insurer. This includes GP consultations, specialist appointments, physiotherapy, psychology, surgery, medication, and rehabilitation. Your insurer cannot unreasonably refuse treatment recommended by your treating doctor.
Right to Information
You have the right to request information about your claim, including copies of medical reports, insurer correspondence, and any Independent Medical Examination reports. You are entitled to know the reasons for any decisions made about your claim.
Right to Dispute Decisions
If you disagree with a decision by your insurer — whether it's a claim denial, payment reduction, or treatment refusal — you have the right to request an internal review and, if necessary, apply to the Personal Injury Commission for an independent determination. Read our guide on claim disputes →
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