On 1 July 2026, the NSW Government’s new framework for psychological injury claims commenced, introducing significant changes to what an injured worker must establish to lodge a workers compensation claim.
The new framework applies to psychological injuries that are first notified to the employer on or after 1 July 2026.
Three Requirements for a New Psychological Injury Claim
1. The injury was caused by a “relevant event/s”
Under the new framework, you must establish that your injury was caused by a relevant event, or a series of related events. A relevant event can be any of the following:
- an act or threat of violence
- being subjected to indictable criminal conduct
- witnessing a traumatic incident
- the death of a person in the worker’s care
- vicarious trauma
- bullying
- sexual harassment
- racial harassment
- excessive work demands
Each of these is defined in Sections 8A to 8K of the Workers Compensation Act 1987, as well as in the Definitions in Section 3.
2. A real and direct connection between the relevant event/s and work
3. Demonstrate that work is the main contributing factor to the injury
The New SIRA forms
The reforms are supported by new documentation from the State Insurance Regulatory Authority (SIRA):
Helpful Tips for Completing a Claim Form
Based on our experience assisting injured workers, three key tips can help ensure your claim form is completed effectively:
1. Clearly identify the relevant event. Ensure that you can clearly identify which relevant event, or series of relevant events have caused your injury using the categories above.
2. Provide as much information as possible about the event. Do not be shy on detail. Give specific examples and, where you can, the actual words used. Include:
- details of the conduct or event
- how many times it occurred
- the people involved in the conduct or event
3. Explain how the event or conduct is connected to your employment. The onus is on the injured worker to demonstrate this relationship. The claim form gives helpful prompts, including:
- Did the conduct or event occur at your place of work?
- Were the people involved other employees, or your employer’s customers or clients?
We can help you navigate the new framework
At Walker Law Group, we understand that it can be difficult to navigate this new framework and we are here to assist. We specialise in claims and are happy have a further chat with you about the circumstances of your injury.
If you need assistance navigating the new framework, dealing with insurance, or completing the claim forms, reach out to our expert team via the enquiry form on this page or call us on (02) 8046 9700.
Sources: Workers Compensation Act 1987 (NSW) ss 8A-8K (legislation.nsw.gov.au); SIRA, Workers Compensation Reform FAQs; Personal Injury Commission, Workers compensation changes to commence 1 July 2026; IRO, Workers Compensation Reforms; SIRA workers injury claim form; SIRA certificate of capacity.
This article is general information only and is not legal advice. It reflects the law of NSW as at July 2026. Transitional rules may apply to your claim depending on when your injury was notified. Obtain advice about your specific circumstances.
