Glossary

Refers to the Workers' Compensation Act 1926.

Refers to the Workers Compensation (Dust Diseases) Act 1942.

Refers to the Workers Compensation Act 1987.

Refers to the Workplace Injury Management and Workers Compensation Act 1998.

Refers to the Workers Compensation Regulation 2016.

Refers to the Personal Injury Commission Act 2020.

Refers to everyday activities including feeding, bathing, dressing, grooming, work, household chores and leisure activities.

Refers to the form used by allied health practitioners to request prior approval for treatment and services and to communicate with the insurer about a worker's treatment, timeframes and anticipated outcomes.

The 5th edition of the American Medical Association (AMA)'s Guides to the evaluation of permanent impairment. The methodology used to assess the degree of permanent impairment is largely based on AMA5.

A registered medical practitioner recognised as a medical specialist. The assessor has qualifications, training and experience relevant to the body system being assessed. The assessor has successfully completed requisite training in using the Guidelines for the evaluation of permanent impairment for each body system they intend on assessing. See 'Assessing permanent impairment'.

University graduate with tertiary qualifications in audiology who specialise in the assessment, prevention and non-medical management of hearing impairment and associated disorders of communication.

Holds a qualification from a registered training organisation such as TAFE NSW followed by on-the-job training. An audiometrists specialises in the non-medical assessment and management of communication difficulties caused by hearing loss.

AHPRA is the agency responsible for the implementation of the National Registration and Accreditation Scheme on behalf of health practitioners across Australia.

A face-to-face meeting, video conference or teleconference with any or all of the following parties – worker, employer, workplace rehabilitation provider, insurer or other treatment practitioner(s) delivering services to the worker, including the nominated treating doctor.

An injury is considered 'catastrophic' if it meets the criteria for one or more kinds of injury specified in Part 9 of the Workers Compensation Guidelines. For example, certain types of spinal cord injury, brain injury, amputations, burns, and permanent blindness.

Usually completed by the worker’s nominated treating doctor, the certificate of capacity is used in the NSW workers compensation system to describe the nature of a worker’s injury/illness, their capacity for work, and the treatment required for a safe and durable recovery. See 'Certificate of capacity'.

For workers injured on or after 21 October 2019, current weekly earnings means the greater of either the worker's actual gross earnings in respect of that week or the weekly amount the worker is able to earn in suitable employment.

Note: The full JobKeeper payment is taken to be part of the worker's actual gross earnings.

For workers injured before 21 October, refer to section 44I of the Workers Compensation Act 1987.

A reference to 'current work capacity' means a present inability arising from the injury such that the worker is able to return to his or her pre-injury employment, or is able to return to work in suitable employment, but the weekly amount the worker has the capacity to earn in any such employment is less than the weekly amount that the worker had the capacity to earn in that employment immediately before the injury.

For workers injured before 21 October 2019, refer to the definition of 'current work capacity' in section 32A of the Workers Compensation Act 1987 in force immediately before 21 October 2019.

Earnings received by a worker in respect of a week is the amount that is the income of the worker received by the worker for work performed in any employment during the week.

The amendments introduced in the Workers Compensation Legislation Amendment Act 2012 do not apply to certain categories of workers including police officers, paramedics and firefighters. These workers are referred to as exempt workers. Claims by exempt workers are mainly managed as though the June 2012 amendments never occurred.

Refers to Goods and Services Tax.

An independent consultant is an allied health practitioner approved by SIRA to provide an independent peer review of allied health practitioner treatment in the NSW workers compensation system. See 'Independent consultants'.

ILARS provides access to free, independent legal advice for injured workers in circumstances where there is a disagreement with insurers regarding entitlements. ILARS is managed by the Independent Review Office (IRO). See 'Independent Review Office'.

An assessment conducted by an appropriately qualified and experienced medical practitioner to help resolve an issue in injury or claims management. See 'Independent medical examinations'.

The independent statutory office that manages complaints from workers with a work-related injury/illness. IRO also manages the Independent Legal Assistance and Review Service (ILARS). See 'Independent Review Office'.

A registered medical practitioner experienced in occupational injury and workplace-based rehabilitation. An IMC is a facilitator who helps the nominated treating doctor, worker, insurer, employer and other service providers to progress a worker's recovery at/return to work and optimise health and return to work outcomes. See 'Injury management consultants'.

A written plan developed by the insurer in consultation with the worker and other stakeholders, to identify the actions of all parties in helping the worker recover from their injury and recover at/return to work. See 'Injury management plans'.

Refers to the different types of insurers in the NSW workers compensation system - the Workers Compensation Nominal Insurer, self-insurers, specialised insurers and government self-insurers.

Payments of weekly compensation made on the basis of an agreed amount of pre-injury average weekly earnings until the application for agreement has been determined. An interim payment decision is not a work capacity decision.

The first notice an insurer receives regarding an injury to a worker. The notification requirements of Part 1 of the Workers compensation guidelines must be met in order for there to be an initial notification. See ‘Initial notification of injury’.

The latest earning stage refers to the period of 52 weeks before a worker attained the age of 21 years.

Defined in the NSW workers compensation guidelines for the evaluation for permanent impairment. MMI is considered to occur when the worker’s condition is well stabilised and is unlikely to change substantially in the next year, with or without medical treatment.

The maximum amount of weekly compensation that can be paid to a worker; defined in section 34 of the Workers Compensation Act 1987 and indexed once every six months. Refer to the Workers compensation benefits guide for the latest figure.

A certificate issued by the medical assessor to whom a medical dispute is referred which addresses the matters referred for assessment (see section 235 of the Workplace Injury Management and Workers Compensation Act 1998).

A medical assessor is a decision-maker appointed by the President of the Personal Injury Commission under the Personal Injury Commission Act 2020.

A merit reviewer is a decision-maker appointed by the President of the Personal Injury Commission under the Personal Injury Commission Act 2020.

Refers to the National Accreditation Authority for Translators and Interpreters.

A reference to 'no current work capacity' means in relation to a worker, a present inability arising from an injury such that the worker is not able to return to work, either in the worker’s pre-injury employment or in suitable employment.

Refers to the workers compensation Nominal Insurer established under section 154A of the Workers Compensation Act 1987. icare acts for the Nominal Insurer and exercises the functions of the Nominal Insurer as required by the NSW workers compensation legislation.

Defined in section 42 of the Workplace Injury Management and Workers Compensation Act 1998 as the treating doctor nominated by a worker for the purposes of an injury management plan for the worker. See 'Nominated treating doctor'.

In relation to workers compensation, this means compensation for permanent impairment that results from an injury. This is sometimes referred to as permanent impairment compensation or section 66 compensation.

Refers to "non-cash" benefits earned by workers in place of salary. This might include education fees, use of a motor vehicle, residential accommodation and so on.

Non SIRA-approved allied health practitioners include all other allied health practitioner disciplines not listed as SIRA approved practitioners. A list of approved practitioners can be found on the SIRA website.

A work capacity decision about the amount of a worker's pre-injury average weekly earnings (PIAWE) or current weekly earnings that results in an increase in the amount of weekly payments of compensation becoming payable to the worker in respect of any period before the decision is made.

Refers to the NSW workers compensation guidelines for the evaluation of permanent impairment (fourth edition).

Means a child under the age of 18 years, an involuntary patient or forensic patient within the meaning of the Mental Health Act 2007, a person under guardianship within the meaning of the Guardianship Act 1987, a protected person within the meaning of the NSW Trustee and Guardian Act 2009, and an incommunicate person, being a person who has such a physical or mental disability that he or she is unable to receive communications, or express his or her will, with respect to his or her property or affairs.

The Personal Injury Commission (PIC) is a single, independent tribunal for injured people claiming against the workers compensation and compulsory third party (CTP) insurance schemes. The PIC replaced the former Workers Compensation Commission (WCC) from 1 March 2021. See ‘Dispute Resolution in the Commission’

Where a worker is entitled to receive weekly compensation payments, these payments are calculated by the insurer using a formula and the worker's pre-injury average weekly earnings (PIAWE).

For workers injured on or after 21 October 2019, PIAWE means the weekly average of the gross earnings received by the worker for work in any employment in which the worker was engaged at the time of the injury. See 'Pre-injury average weekly earnings'.

A reference to PIAWE for workers injured before 21 October 2019, means the amount determined in accordance with section 44C of the Workers Compensation Act 1987. See 'Pre-injury weekly earnings for workers injured before 21 October 2019'.

For workers injured on or after 21 October 2019, the worker and the employer are able to agree as to the amount of pre-injury average weekly earnings (PIAWE) that is to apply to the worker.

Refers to the President of the Personal Injury Commission of NSW.

The insurer may make up to 12 weeks of payments before it determines claim liability. These payments cover loss of income and up to $10,000 for reasonably necessary medical treatment. See 'Provisional liability'.

Following initial notification of injury, the insurer must start provisional payments within seven calendar days (or determine liability) unless there is a ‘reasonable excuse’ not to, as set out in Part 2 of the Workers compensation guidelines.

See 'Delaying provisional payments'.

Refers to the value given to non-pecuniary (non-cash) benefits when a value is required for tax purposes. The 'reasonably payable' amount is considered the likely amount one would pay for the non-cash item in the market.

The relevant earning period is used to calculate a worker's pre-injury average weekly earnings (PIAWE). Generally, it means the 52 weeks ending immediately before the date of injury. However, this period may be adjusted in certain circumstances.

A timely, safe and durable return to work for which the worker is suited, having particular regard to their capacity, pre-injury employment, age, education, skills and work experience.

A statement of goals and objectives (and services required to achieve them) for a worker undergoing recovery at work. It should clearly outline the worker’s capacity for work including hours, supervision requirements, treatment times and review dates. Also referred to as a RTW plan or suitable duties plan.

A secondary psychological injury means a psychological injury to the extent that it arises as a consequence of, or secondary to, a physical injury (see section 65A(5) of the Workers Compensation Act 1987).

Defined in section 42 of the Workplace Injury Management and Workers Compensation Act 1998 to mean a workplace injury where the worker will have an incapacity for work (whether total or partial) for a continuous period of more than seven days.

Allied health practitioners including physiotherapists, chiropractors, osteopaths, psychologists, counsellors and accredited exercise physiologists.

The Standards of practice: Expectations for insurer claims administration and conduct are published by SIRA and require insurers to apply principles across a range of processes and procedures in claims handling and administration. See 'Standards of practice'.

The State Insurance and Care Governance Act 2015 provides for the governance and regulatory arrangements for the statutory insurance and compensation schemes in NSW and established icare, SIRA and SafeWork NSW.

Refers to the State organisation constituted under the State Insurance and Care Governance Act. SIRA regulates workers compensation, motor accidents CTP and the home building compensation schemes in NSW.

A reference to the 'Authority' means the State Insurance Regulatory Authority (or SIRA). SIRA is constituted under the State Insurance and Care Governance Act 2015.

Refers to the Personal Injury Commission Rules 2021.

Is a worker working under a contract of employment under which the worker is required to undergo training, instruction or examination in order to become qualified to carry on an occupation to which the contract of employment relates (for the purposes of determining whether a worker is entitled to incremental earning increases at certain stages in their employment).

Telehealth is the delivery of health consultation services via video or telephone, including any electronic communication to support the delivery of the treatment service. See Part2 of the Guidelines for the Provision of Relevant Services (Health and Related Services) for requirements for providers.

An employer who had not obtained or was not maintaining a policy of insurance to cover their liabilities under the Workers Compensation Acts at the relevant time.

The unpaid leave period is relevant when calculating a worker's pre-injury average weekly earnings (PIAWE) for workers injured on or after 21 October 2019. This refers to the period that commences on a day of unpaid leave and results in no earnings being paid or payable to a worker for a period of at least seven consecutive days.

Refers to the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998.

An independent statutory tribunal that resolves workers compensation disputes between workers, employers and insurers across New South Wales prior to 1 March 2021.

The Personal Injury Commission replaced the Workers Compensation Commission from 1 March 2021.

Refers to the Workers compensation guidelines.