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ARTICLE · 19 JUNE 2024

I'm still injured: How can I leave the NSW workers compensation scheme?

Injured workers in NSW may have options to exit the workers compensation scheme without sacrificing their support.

AustraliaEmployment and HR

Many injured workers find the workers compensation scheme exhausting: countless reviews with the insurer, repeating medical examinations, constant injury management plans, and even regular disputes over entitlements. Unfortunately, this is often the price to receive ongoing support for what are often lifelong disabilities.

How then can an injured worker leave that behind but still have some support into the future?

Thankfully, depending on your circumstances you may have options to exit the scheme without sacrificing your support. This article looks at a few of the options available to you:

Commutation (For injury after 30 June 1987)

A commutation is an agreement whereby your future workers compensation rights such as weekly benefits and medical treatment expenses are paid out, up-front in one lump sum figure 1. Once paid, your obligations and requirements under the workers compensation scheme end (unless you only agree to a partial commutation).

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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