Your workers comp claim was denied. Here's how to ask for a review.
A denial can be reviewed. Call us: we go through the letter with you, help you ask the insurer to look again, and get you in with a WorkCover doctor if the medical picture was incomplete.
A denial letter from the insurer feels final. It isn't. A decision under the Workers Compensation Act 1987 (NSW) can be reviewed, and what matters is the information in front of the insurer when it decided. If the medical picture was incomplete, the doctor can set it out clearly. If you need legal advice, we put you in touch with a compensation lawyer. Our help is free.
Top 5 reasons workers comp claims get denied in NSW
These are the reasons that come up most often. Knowing which one is in your letter tells you what a review needs to look at.
"Not work-related"
The insurer accepts you're injured but not that work caused it. Often raised with repetitive strain, mental health and aggravation claims. On a review, a clear work history and your treating doctor's opinion on how the injury happened give the full medical picture.
"Pre-existing condition"
The Act covers aggravation, acceleration or exacerbation of a pre-existing condition, including conditions the worker didn't know they had. A report from your doctor that sets out how work affected the condition helps the review.
Late reporting / late certificate
Raised where there's a gap between the injury and the report or certificate. Gradual-onset injuries don't have a clear date, mental health conditions often surface later, and the Act allows a later claim in some circumstances. Your doctor can explain the timing in a report.
IME opinion differs from your treating doctor's
An independent medical examiner's report takes a different view from your treating doctor. A clear, documented history from your treating doctor gives the review the full medical picture.
Insufficient medical evidence
The Certificate of Capacity didn't say enough. The diagnosis was vague. The link to work wasn't explained. Often the most straightforward to address: a clear, complete certificate and, where needed, a fuller report from your treating doctor.
Four of the five are medical, not legal
Why we start with the letter and the doctor: many denials turn on an incomplete medical picture, and a lawyer isn't the first step. If you still disagree after a review, we put you in touch with a compensation lawyer.
How a treating-doctor report helps a review
A decision is made on the medical record the insurer has. A complete record gives the review the full picture. Here's what that looks like.
A treating-doctor report (sometimes called a "long-form certificate" or "specialist medical narrative") is a written statement from your treating clinician that goes beyond the standard Certificate of Capacity. Where the certificate fits on a single SIRA-templated page, a treating-doctor report runs to three to five pages and addresses the specific issues the insurer has raised. It walks through your work history, the mechanism of injury, the clinical examination findings, the imaging or pathology results, the diagnosis, and — critically — an opinion on causation.
The causation opinion is often the heart of it. The treating doctor sets out the clinical reasoning linking the work activities to the condition, with the reason in the decision letter in mind. If the reason was "pre-existing condition," the report explains the aggravation. If it was "not work-related," the report explains how the injury happened at work. If an IME took a different view, the report sets out the treating doctor's view and the history behind it.
A treating doctor's report is separate from the standard certificate, so ask the doctor how it will be billed. If you have a lawyer, an ILARS grant can fund the medical-legal reports the lawyer arranges. Our help is free: we book the appointment and help you send the report to the insurer with your request for a review.
The same logic applies when it's a specific treatment that gets declined rather than the whole claim — surgery is the common example. If an operation recommended by a WorkCover orthopaedic surgeon is declined, the surgeon can respond to the reasons given — and if you still disagree, we put you in touch with compensation lawyers who can advise on the next step, usually funded through IRO's ILARS scheme.
It's also worth checking whether a second scheme should be paying alongside this one. A worker hurt in a motor vehicle accident on the job — driving between sites, on a delivery run, in a company vehicle — is sometimes turned down on the basis that the matter belongs with the CTP insurer. Often it belongs with both, and the doctor can write the certificates for a CTP insurance claim as well. Where the injury has ended your working life altogether, Total and Permanent Disability cover inside your super is a claim against the fund rather than the WorkCover insurer, so it does not wait on the WorkCover dispute. Policy offset clauses mean the order and timing of the two claims matters, so a lawyer sequences them together rather than running them blind — our TPD payout calculator gives an indicative starting figure.
The steps in a review
The early weeks are where the work happens. Here's the usual order.
The letter and the doctor
We go through the denial letter with you line by line and book you in with a WorkCover doctor. The doctor examines you, looks at the reason given and orders any imaging or tests needed.
The treating doctor's report
If a fuller report is needed, the doctor writes it with the reason in the letter in mind. Ask to read it before it's sent.
Ask the insurer for an internal review
You ask the insurer to review the decision, within the time on the letter, and send the doctor's report with the request. We help you put it together.
The review outcome
The insurer looks at the decision again with the new information and tells you the outcome in writing.
Personal Injury Commission (if needed)
If you still disagree after the review, the dispute can go to the Personal Injury Commission, which decides workers compensation disputes. This is where we put you in touch with a compensation lawyer, usually funded through ILARS.
What asking for a review costs you
Usually nothing. Our help is free, and most WorkCover disputes qualify for IRO funding, which usually means the legal costs aren't yours.
Asking the insurer for an internal review doesn't cost anything. The Independent Review Office (IRO) gives injured workers free, independent help. If you need a lawyer, IRO can usually fund their costs through an ILARS grant, including the medical-legal reports the lawyer arranges. While liability is first being decided, the insurer can pay up to $10,000 of medical treatment under the provisional liability rules.
Our help is free, and we never send you an invoice. Ask your doctor how any report will be billed, and ask a lawyer to confirm their funding before you start.
What helps most is a complete, honest record: your symptoms, your work history, and any earlier injuries to the same part of the body. Anything material that comes out later can slow things down, so there's no upside to leaving it out.
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Read moreDenied? Call us before you decide what to do
We go through the letter with you, explain the review steps and get you in with a WorkCover doctor if the insurer didn't have the full medical picture. Our help is free.
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