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: 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.

Once those documents are obtained and completed, they can be lodged upon the NSW Nominal Insurer, iCare.

The insurer will then conduct enquiries concerning (1) the facts, circumstances and nature of your injury, and (2) the status of the employer's insurance policy.

Following those investigations, a decision will be made to either accept or deny the claim.

If accepted, then the following benefits will be available:

  1. Weekly payments for loss of wages.
  2. Medical treatment and reimbursement of out-of-pocket expenses.
  3. Lump sum benefits for permanent impairment.

This process involving uninsured employers can be complex. It is recommended that you seek advice from expert lawyers who can help you.

At Kells we have Approved Legal Service Providers who are registered with the Independent Review Office. We can access funding to help lawyers investigate their claims. This funding means that, in most cases, you will not be out of pocket for your legal fees or disbursements.

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.