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ARTICLE · 18 OCTOBER 2021

Injured at work with no insurance policy? There is still hope!

If an employer is not insured, it is possible to make a claim for compensation against the Nominal Insurer.

AustraliaEmployment and HR

It is mandatory for employers to have a workers compensation policy to cover their workers in the event of injury.

That said, whilst it is not a common occurrence, sometimes a worker is injured at work only to find out that their employer has failed to obtain or maintain an insurance policy for workers compensation.

Under the workers compensation laws, if an employer is uninsured, it is possible to make a claim for compensation against the "nominal insurer".

In these cases, a worker will need to complete a Workers Injury Claim Form (available on the SIRA website: https://www.sira.nsw.gov.au/). The injured worker will also need to see their General Practitioner to obtain a Certificate of Capacity, which is also available on the SIRA website.

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