icare (Insurance and Care NSW) is the NSW state insurer that administers workers compensation for most NSW employers. It replaced WorkCover NSW. Statutory benefits include weekly payments, medical expenses, and lump-sum permanent impairment compensation. Disputes are heard by the Personal Injury Commission, with free legal funding available through the IRO Approved Lawyers Scheme.

How is icare different from WorkCover?

icare took over from WorkCover NSW in 2015. The benefits and process are similar in concept, but administration and dispute pathways have been restructured. SIRA still regulates the scheme. The most important difference for injured workers is the IRO Approved Lawyers Scheme, free legal advice for disputes, which is unique to NSW.

Weekly payments at 95% of pre-injury average weekly earnings for the first 13 weeks (capped), reducing to 80% from week 14 if you have ongoing capacity restrictions. Reasonable medical and treatment expenses. Permanent impairment lump sums based on whole-person impairment percentage (from $22,000 at 11% WPI to over $700,000 at maximum impairment). Death benefits for dependants of workers killed in workplace incidents.

When can I pursue work-injury damages (common law) in NSW?

Work-injury damages (common-law damages) are available where: (a) the injury was caused by employer negligence, and (b) you have permanent impairment of 15%+ whole-person impairment. Successful work-injury damages claims can substantially exceed statutory benefits, particularly for serious injuries with future earning capacity loss.

How does the IRO Approved Lawyers Scheme work?

The Independent Review Office (IRO) is a free, independent review service for injured NSW workers. Through the Approved Lawyers Scheme, IRO funds legal advice and representation for injured workers in disputed icare claims. Approved lawyers can investigate your claim, dispute insurer decisions, and represent you, with legal fees not deducted from your benefits or settlement in many matters.

Claim guide · Reviewed 4 May 2026

icare workers compensation explained (NSW)

How NSW workers comp works under icare, plus the unique advantage NSW workers have: free legal advice through the IRO Approved Lawyers Scheme.

The icare scheme at a glance

icare (Insurance and Care NSW) is the NSW state insurer that took over from WorkCover NSW in 2015. It administers the workers compensation insurer of last resort for most NSW employers. SIRA (State Insurance Regulatory Authority) regulates the scheme overall.

Statutory benefits under icare

Weekly payments: 95% of pre-injury average weekly earnings for the first 13 weeks; 80% from week 14 if you have remaining work capacity restrictions. Capped at the maximum weekly amount.
Medical and like services: Reasonable and necessary GP, specialist, surgery, physio, psychology, dental, equipment, modifications.
Permanent impairment lump sum: Whole-person impairment of 11%+ (physical) or 15%+ (psychological) qualifies for a lump sum. Range: $22,000 to over $700,000 depending on impairment percentage.
Death benefits: Lump sum and weekly support for dependants.

Work-injury damages (common law)

Work-injury damages are NSW's name for common-law damages against an employer whose negligence caused a serious injury. To access them: (1) you must have 15%+ whole-person impairment, and (2) the injury must have been caused by employer negligence. Damages include past and future economic loss (subject to statutory caps under the Workers Compensation Act 1987) and other heads.

The trade-off: pursuing work-injury damages typically means giving up further weekly payments. Your lawyer will model both options before you commit.

The IRO Approved Lawyers Scheme

This is unique to NSW. The Independent Review Office (IRO) is a free, independent review and advocacy service for injured NSW workers. The IRO Approved Lawyers Scheme funds legal advice and representation in disputed icare matters. Practical effects:

Legal advice costs nothing for many disputes.
Approved lawyers can dispute icare decisions, run the case in the Personal Injury Commission, and represent you.
Available for injured workers regardless of income.
Several CompoCheck partner firms are IRO Approved Lawyers.

Lodging a NSW workers comp claim

Notify your employer within 48 hours (verbal is enough to start; written is better).
See your GP for a SIRA Certificate of Capacity.
Lodge a workers compensation claim form with your employer's insurer (icare for most NSW employers).
Insurer responds within 7 days with a provisional liability decision.
If accepted, weekly payments and medical cover commence. If rejected or partly accepted, dispute via IRO Approved Lawyers.

Time limits

48 hours: Notify employer of injury.
7 days: Insurer must provide provisional liability decision.
6 months: Recommended window to lodge formal claim.
3 years: Limitation for work-injury damages.

Get matched with a NSW workers comp lawyer

Take the 60-second eligibility check and we'll match you with a NSW-admitted lawyer, often an IRO Approved Lawyer for disputed matters. See also our NSW workers compensation state guide.