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ARTICLE · 09 OCTOBER 2020

Secondary injuries under the Workers Compensation Act in NSW

To be entitled to compensation for a secondary injury, the worker must prove a relationship to the initial injury.

AustraliaEmployment and HR

Unfortunately, for some workers, they not only suffer a single injury at work but will sometimes develop a further injury as a result of that injury. These latter injuries, also known as a 'Secondary Injuries,' while not always sustained at work, can still entitle workers to compensation entitlements.

For a worker to be entitled to compensation for a secondary condition, the worker must prove the initial injury materially contributed to the development of the secondary condition. The relationship needs to be established between the first and second injury rather than its relationship with the workplace (unlike the test for an initial work-related injury).

Under the Workers Compensation Act (the Act), a worker who has developed a secondary condition is entitled to receive statutory benefits in the form of weekly compensation (wages) and medical treatment expenses. A worker should utilise the same claim number as the initial injury when making requests for

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