Common questions
Common NSW injury claim questions
Use these answers to work out which documents, dates and claim pathway may need attention.
What if I am not sure what type of injury claim applies?
Start with how and where the injury happened. A road accident may involve CTP, a workplace injury may involve workers compensation, an injury on someone else’s premises may involve public liability, a treatment concern may involve medical negligence, and long-term work incapacity may justify checking superannuation TPD cover.
Can I claim if I was partly at fault?
Partial fault does not always end a claim, but its effect depends on the claim pathway and facts. Preserve the accident evidence and do not make assumptions from an informal comment or an insurer’s first view.
Can I claim if I delayed seeing a doctor?
A delay does not automatically prevent a claim, but it can make causation, timing and symptom history harder to prove. Get appropriate medical care, give an accurate history and explain the delay rather than trying to rewrite the chronology.
What if the insurer rejected treatment?
Ask for the written decision and reasons. Keep the treatment request, referral or plan, supporting clinical material, decision date and any review information. The next step depends on the scheme and reason given.
What if I changed jobs after the injury?
Changing jobs does not automatically end every claim, but it may affect earnings, work capacity, suitable duties, employment records or TPD evidence. Keep the old and new job details, dates, duties, hours and income records.
What evidence matters most in an injury claim?
The most useful evidence usually connects what happened, the diagnosis and treatment, work or daily-life impact, financial loss and insurer decisions in a clear chronology. The exact priority depends on the claim type and disputed issue.
Do I need a lawyer for an injury claim?
Not every enquiry requires representation. Legal advice may be particularly useful when liability is disputed, treatment or payments are refused, a serious injury is involved, a settlement is proposed, records are complex or a response date may apply.
How long does an injury claim take?
There is no single timeframe. Duration can depend on the claim type, injury stability, treatment, records, insurer enquiries, expert evidence, disputes and whether a settlement or formal decision is required.
Are time limits important?
Yes. Different pathways can involve notification, lodgement, review, dispute or court time issues. Keep every decision date and seek prompt advice if a deadline may apply rather than relying on a general website timeframe.
Does this website give personal legal advice?
No. The website provides general information only. Your position depends on the facts, evidence, dates, claim pathway and current law or policy wording that apply to your circumstances.