How Long Can I Get Paid After a Workplace Injury in NSW? Your Workers Compensation Timeline Explained
You’re a worker in New South Wales. You may have suffered fall, lifted too much, or suffer a repetitive strain injury on the job. Now you’re off work and worried about your income, medical bills, and how long this compensation will last. You ask: “How long can I actually get paid while I’m off work?” That’s a real and valid concern. You don’t want to be left high and dry while you recover.
In this blog we’ll explain, in simple terms, how the NSW workers compensation scheme works for general workplace injuries (excluding the special coal-mining regime): how long weekly payments may last, the time limits, the process and common traps.
If you’re a coal-mine worker, you may wish to read our separate blog covering the coal-mining scheme here for those specific rules.
We’ll show how you can stay informed, protect your entitlements, and avoid losing out.
The Workers Compensation Scheme in NSW: What It Covers
When you’re injured at work in NSW, you may be eligible under the State Insurance Regulatory Authority (SIRA)/workers compensation scheme to receive:
Weekly payments if you lose income because of your injury.
Coverage of your reasonable medical, hospital, rehabilitation and travel expenses.
Possibly a lump-sum payout for permanent impairment if your injury causes lasting damage and is assessed as greater than 10% Whole Person Impairment (WPI)
The key for you: the scheme is meant to support you while you recover and return to work, but it has time-limits and conditions.
How Long Do Weekly Payments Last? Timeframes and Phases
One of the most common questions: “How long will I receive weekly workers compensation payments?” Here are the rules you should know.
Provisional Period
Once you report your injury, your insurer must begin provisional weekly payments within 7 days unless they issue a “reasonable excuse” notice. These provisional payments can run while your claim is being assessed.
The First Entitlement Period - The First 13 Weeks
In the first 13 weeks you are entitled to be paid as follows:
95% of your pre-injury average weekly earnings (PIAWE) minus:
The value of any deductible amount if you have no capacity for work, or
Your current weekly earnings if you have capacity to work and are working.
The Second Entitlement Period - From Week 14 to 130 Weeks
If you have no current work capacity as a result of your work injury you are entitled to weekly payments at a rate of 80% PIAWE minus the value of any deductible amount.
If you have a current work capacity, and:
you have returned to work for at least 15 hrs per week you are entitled to 95% PIAWE less your actual earnings or what you have been assessed as able to earn in suitable employment.
if you have returned to work for less than 15 hours per week, or have not returned to work, you are entitled to 80% PIAWE less your actual earnings or what you have been assessed as able to earn in suitable employment.
Beyond The Second Entitlement Period – From Week 130 (2.5 Years) to 260 Weeks (5 Years)
After 130 weeks your weekly payments will cease unless one of the following conditions is met:
You are assessed by the insurer as having no current work capacity and likely to continue indefinitely to have no current work capacity. The rate at which you will be paid is 80%.
You have a current work capacity, and
you apply to the insurer by approved form between weeks 78 and 130 for continuation of weekly payments; and
you have returned to work for at least 15 hours per week and earn at least $202.00 gross per week; and
you are a worker with high needs which means that either your degree of permanent impairment has been assessed 21% whole person impairment or greater; or as assessment is pending and has not been made because a medical assessor has declined to make the assessment on the basis that maximum medical improvement has not been reached and the degree of impairment is not fully ascertainable.
The rate at which compensation will be determined is 80% of PIAWE less the greater of your current weekly earnings or what you have been assessed as able to earn in suitable employment.
Payments during this period are dependent on the insurer conducting a work capacity assessment between weeks 78 and 130 (during last 52 weeks of this period). I will provide you with further advice about a work capacity assessment and work capacity decision in due course.
After 260 Weeks – When The 5-Year Cap Doesn’t Apply
After you have received benefits for an aggregate period of 260 weeks your weekly payments will cease unless you have been assessed as having an agreed permanent impairment of 21% or greater.
If you do have a permanent impairment of 21% or greater your weekly benefits will be calculated on the following basis:
You are entitled to 80% PIAWE less the greater of your current weekly earnings or the amount you have been assessed as able to earn in suitable employment.
When The 5-Year Cap Doesn’t Apply
If your injury causes a whole-person impairment (WPI) rating above a certain level (for example 21% WPI or greater), you may be able to continue weekly payments beyond five years.
Other Stop Points
Weekly payments may stop earlier if you:
Return to your pre-injury job or reach suitable employment;
Reach a lump-sum settlement and accept finalisation of your claim;
Reach retirement age or unable to continue under the scheme conditions.
The Process: What Happens and When You Must Act
Knowing when things must happen helps you avoid missing deadlines.
Notifying your employer
You should notify your employer as soon as possible of your injury. Without notice you risk delays.
SIRA Certificate of Capacity
You will need to obtain a SIRA Certificate of Capacity (WorkCover Certificate) from your nominated treating doctor indicating whether you’re unfit for work, fit for modified duties, etc. The insurer uses this to decide your weekly payment.
Insurer assessment and liability
Once notified, the insurer will assess your claim and decide whether to accept liability. They have certain timeframes to act.
Weekly payments begin
If accepted, weekly payments begin - based on your PIAWE and capacity to work. The insurer will calculate your rate and continue payments while your incapacity continues.
Return to work assessment
The insurer may review your work capacity. If you can work, your weekly payments may reduce or end.
Permanent impairment assessment and lump sum
When your condition has stabilised (reached “maximum medical improvement”), you may be assessed for whole person impairment, which may lead to a lump sum.
Common Traps & Mistakes Injured Workers Make
Here are pitfalls you’ll want to avoid.
Assuming payments go on forever: Many assume “I’m injured so I’ll be paid until I get well”. But for general workers the 2.5 year and 5 year caps are real unless you qualify for the exception.
Delaying notification: Not telling your employer quickly could delay everything, including when payments start.
Not getting the certificate of capacity filled: If your doctor doesn’t fill out the necessary form, payments can stop.
Returning to work too soon or without proper duties: The insurer may review and reduce your payments if they believe you are capable of suitable work.
Accepting a lump sum too early: If you accept a settlement before your condition is stable, you may miss out on ongoing entitlements.
Misunderstanding that this is the same as the coal mining scheme: If you work in or about a coal mine you have different rules (see our recent blog here).
Case Studies: How We’ve Helped NSW Workers
Case Study 1: Office Worker with Back Injury
“Mark” worked as a data entry operator. He suffered a severe back injury at work after lifting a heavy file cabinet. His claim was accepted, weekly payments commenced. After 18 months, the insurer’s IME rated him as having a 18% WPI, and the insurer informed him his weekly payments would stop at the 260 week cap. We acted for Mark, obtained our own assessment of WPI which came in at 25% WPI. We negotiated his whole-person impairment assessment, and secured a lump sum on top of his weekly payments. Mark’s income stream was protected and he avoided the surprise of payments halting.
Case Study 2: Warehouse Worker with Shoulder Tear
“Lisa” worked on a warehouse floor, tore her rotator cuff at work and couldn’t lift above shoulder height. She was on weekly payments for nearly two years. The insurer proposed reducing her payments because they believed she had a “capacity for suitable work”. We intervened, arranged a vocational assessment, showed the work she could do would aggravate her injury, and maintained her weekly payments. Later Lisa accepted a lump sum after her condition stabilised, ensuring her compensation reflected her long term injury.
These examples demonstrate our experience in guiding injured workers through the NSW workers compensation scheme. Protecting their weekly payments, ensuring timeframes are adhered to, and helping secure lump-sum entitlements when needed.
Key Takeaways
Your weekly workers compensation payments in NSW generally last up to 2.5 years or 5 years subject to your injury and your level of permanent impairment.
Payments depend on your pre-injury earnings (PIAWE), your capacity to work, and your injury’s severity.
When you suffer a work injury, you must act promptly: notify your employer, see your doctor, get the correct certificate, and lodge your claim.
Mistakes like delay, accepting unsuitable work, or misunderstanding your scheme’s rules can cut your income.
If you work in or about a coal mine you may have different rules - see our earlier blog on the coal mining compensation scheme for more details.
Next Steps
If you’ve been injured at work in NSW and are wondering how long your weekly payments might last, or you’re concerned your payments might stop, now is the time to act.
Book your free consultation with our specialist team at Shaw & Bunner Legal so we can review your claim, check time-limits, and guide you appropriately.
Gather all your medical records, treatment history, notice of injury, and weekly payment statements.
Ensure your doctor is completing the required SIRA Certificate of Capacity and your claim is moving forward.
If your weekly payments are threatened or you’re approaching the five-year cap, call us early - we can assess whether you qualify for the beyond five years exception or help secure a lump sum.
You don’t have to face this alone. With the right advice and action, you can protect your income, your medical treatment and your future. Book your free consultation today.
Frequently Asked Questions (FAQs)
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Under most circumstances, weekly payments in NSW are limited to either 2.5 years or 5 years from the date your claim is accepted—unless you have a whole-person impairment above the statutory threshold or are injured in or about a coal mine.
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If you’ve reached 260 weeks, your weekly payments will normally stop unless you have a permanent impairment rating above the threshold (more than 20% WPI) and meet other eligibility requirements for continuing payments.
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Yes. If you recover work capacity, return to suitable employment, or your doctor stops the certificate of capacity, your insurer may reduce or stop payments. Also, delays or missing documentation can lead to interruption.
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PIAWE is your average weekly earnings before your injury, including overtime and shift allowances in many cases for injuries sustained after 26 Octoebr 2018. The amount of weekly payment is based on PIAWE and your capacity, and affects how much you receive and potentially the step down in payment over time.
Written by the
Shaw & Bunner Legal Team
At Shaw & Bunner Legal, we’re highly experienced personal injury lawyers proudly serving clients across regional NSW. With over a decade working in national firms and deep personal ties to the coal mining industry, we’re uniquely positioned to help injured workers—especially miners—navigate complex claims with confidence.
Since our start in 2018, we’ve committed to providing clear, compassionate, and solution-focused legal advice that delivers real results. When you read our content, you’re getting insights from a team that truly understands what you’re going through—because we’ve lived it, worked in it, and helped hundreds of people through it.
Disclaimer: This article is general information only and cannot be regarded as legal advice as it does not take into account your personal circumstances. For tailored advice, please call us on (02) 4046 1805 or email us at admin@shawbunner.com.au.