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Psychological Injury Claims in NSW: The New Rules From 1 July 2026

  • Picture of Geraldine Balderson Geraldine Balderson
  • September 26, 2026

Reflects the Workers Compensation Act 1987 and Workplace Injury Management and Workers Compensation Act 1998 as amended by the Workers Compensation Legislation Amendment Act 2025 and the Workers Compensation Legislation Amendment (Reform and Modernisation) Act 2026, for primary psychological injuries notified on or after 1 July 2026. A further tranche of changes (the reasonable and necessary treatment test and commutation changes) commences 1 October 2026, and the new principal assessment framework follows in mid-2027.

The short version. Since 1 July 2026, a psychological injury is only compensable in NSW if it was caused by a defined “relevant event” (such as bullying, sexual or racial harassment, excessive work demands, violence, or witnessing a traumatic incident) with a real and direct connection to your work, and work was the main contributing factor. Claims for bullying, harassment and excessive work demands follow a new pathway: the insurer has 42 days to decide, you receive interim payments of 75 per cent of your pre-injury earnings while it decides, and only the Industrial Relations Commission can rule on whether the conduct happened as defined. Weekly payments for most psychological injuries now stop at 130 weeks unless your permanent impairment is assessed at 21 per cent or more, and access to a negligence lump sum requires at least 25 per cent whole person impairment, a threshold that climbs again in 2027 and 2029. Injuries notified before 1 July 2026 stay under the old rules, and police officers, paramedics, firefighters, coal miners and volunteers are excluded from the new regime. The date you notify, and the exact words on your certificate of capacity, now matter more than they ever have.

What is a psychological injury under NSW workers compensation?

In plain language, a psychological injury is a diagnosable mental health condition caused by work: post-traumatic stress disorder, major depression, an anxiety disorder, an adjustment disorder. “Stress” is not a diagnosis and will not support a claim; your doctor needs to name a recognised mental or psychiatric disorder on the certificate of capacity, which is why what your GP writes on that form matters from day one.

In the legislation, the Workers Compensation Act 1987 now distinguishes two types, and since 1 July 2026 the distinction decides which rules apply to you:

TypeWhat it meansWhich rules apply
Primary psychological injuryA mental or psychiatric disorder that is itself the work injury: it causes behavioural, cognitive or psychological dysfunction and arises from events at work.The new regime described in this guide, for injuries first notified on or after 1 July 2026: the relevant event gateway, the two claim pathways, the 130-week limit and the WPI ladder.
Secondary psychological injuryA psychological condition that develops as a consequence of a physical work injury, such as depression that follows a serious back injury and chronic pain.Not covered by the new gateway. It is treated as part of the physical injury claim for treatment and weekly payments, but no separate permanent impairment lump sum is payable for it, and it does not count towards WPI thresholds.

Definitions per the SIRA psychological injuries guide (updated 18 August 2026) and the Workers Compensation Act 1987.

Who this guide is for: employees (and deemed workers) in the general NSW scheme whose psychological injury was first notified on or after 1 July 2026. If you notified earlier, the previous rules keep applying to you, including the old 15 per cent work injury damages threshold. If you are a police officer, paramedic or firefighter (exempt workers), a coal miner or a volunteer, the new psychological injury provisions do not apply to your claim at all. Psychological injury from a motor accident (CTP), from medical negligence, or a TPD claim through your super fund each run under different legislation with different tests; they are outside this guide.

Does the new gateway apply to you, and does your claim pass it? The decision path

Diagnosed mental or psychiatric disorder caused by work
When was the injury first notified?
Before 1 July 2026: the previous rules apply (including the 15% damages threshold). On or after: continue below.
Are you an exempt worker, coal miner or volunteer?
Police, paramedics and firefighters: the new gateway does not apply; your claim runs under the previous provisions.
The three-part gateway
1. Caused by one or more relevant events  2. Real and direct connection to employment  3. Employment is the main contributing factor. Reasonable management action defeats the claim.
Which relevant event? This decides your claim pathway
Relevant conduct pathway
Bullying, sexual harassment, racial harassment, excessive work demands. Full claim form required, insurer has 42 days, interim payments at 75% of PIAWE while it decides, and only the Industrial Relations Commission can decide whether the conduct occurred as defined.
Other relevant events pathway
Violence or threats, indictable criminal conduct, witnessing a traumatic incident, a death in your care, vicarious trauma. Standard claim: provisional weekly payments must start within 7 days unless the insurer has a reasonable excuse, plus up to $10,000 in medical treatment.
Not a relevant event
Interpersonal conflict, general work stress, or reasonable management action such as performance management or investigation of misconduct: not compensable under workers compensation. See the alternatives section below.

Source: SIRA psychological injuries guide (18 August 2026) and Personal Injury Commission, changes commencing 1 July 2026.

The three-part gateway: relevant event, real and direct connection, main contributing factor

Before 1 July 2026, you could claim for a psychological injury if employment was a substantial contributing factor and no statutory defence applied. The amendments replaced that open test with a closed list. All three limbs must now be satisfied for a primary psychological injury notified on or after 1 July 2026.

Limb 1: a relevant event caused the injury

The Act now lists the only events that can found a claim. In the language of the SIRA guide, they fall into two groups, and the group determines your claim pathway:

Relevant conduct (the contested group, decided by the Industrial Relations Commission if disputed): bullying (an individual or group repeatedly behaves unreasonably towards you); sexual harassment (an unwelcome sexual advance, request or conduct); racial harassment (conduct reasonably likely to offend, insult or humiliate because of race, colour, or national or ethnic origin); and excessive work demands (demands beyond the requirements of your role that are repeated or persistent and unreasonable).

Other relevant events: an act or threat of violence; indictable criminal conduct; witnessing a traumatic incident (a violent act, a death or serious injury event, a natural disaster, a fire, an explosion, a motor crash); witnessing a suicide or attempted suicide; the death of a person in your care where a pre-existing close relationship was required by your employment; and vicarious trauma from repeated exposure to other people’s traumatic experiences.

An injury caused by events outside the list is not compensable, however real the condition is. That is the single biggest change: interpersonal conflict with a colleague and general overwork stress, which together drove a large share of pre-reform claims, no longer qualify unless they rise to the defined level of bullying or excessive work demands, assessed objectively.

Limb 2: a real and direct connection to employment

The relevant event must have a real and direct connection to your employment. An assault at your workplace qualifies; the same assault at a private weekend gathering with colleagues generally will not.

Limb 3: employment is the main contributing factor

Work must be the main contributing factor to the disorder, not merely a substantial one. Where a person has a history of mental ill health or serious non-work stressors, the insurer will weigh those causes against the work events. Frank, complete instructions to your doctor matter: a treating psychiatrist’s causation opinion that engages with your full history is far harder to displace than one that ignores it.

The expanded reasonable management action defence

Even where all three limbs are met, no compensation is payable if the injury was mainly caused by reasonable management action taken or proposed on reasonable grounds: performance feedback and counselling, investigating suspected misconduct, managing absences, suspending or standing down a worker, changing duties, applying workplace policies, transfer, discipline, retrenchment or dismissal. Two things changed on 1 July 2026. The defence now applies where reasonable management action was a significant cause of the injury rather than the whole or predominant cause, and whether conduct amounts to bullying, harassment or excessive demands is now tested objectively, so a sincerely held but objectively unreasonable perception of mistreatment is no longer enough.

Sources: SIRA psychological injuries guide (18 August 2026); SIRA reform FAQs; the amending Bill as passed.

The two claim pathways, and what you get paid while the insurer decides

The reforms split psychological injury claims into two procedural streams, and the money that flows while the insurer investigates is different in each. No other NSW guide we reviewed lays this out, so here it is in full.

Pathway A: relevant conduct claims (bullying, sexual or racial harassment, excessive work demands)

You must lodge a completed, signed claim form through the insurer, and it must include the detail of the conduct: what happened, when and where each instance occurred, who was involved, who witnessed it, and how it connects to your employment, along with a certificate of capacity naming the diagnosed disorder and, if applicable, any court or tribunal proceedings about the same conduct. Compensation only runs from the date the insurer receives the complete form, so every week spent assembling it unpaid is a week you do not get back.

Once the form is in, the clock runs. The insurer has 42 calendar days to accept or dispute liability, and if it does neither, the claim is taken to be accepted. During the assessment period you receive interim weekly payments at 75 per cent of your pre-injury average weekly earnings (PIAWE) if you have no capacity for work, or 75 per cent less your actual earnings if you are working reduced hours, capped at the maximum weekly compensation amount of $2,662.10 (the current indexed maximum published by SIRA). Medical treatment is covered up to $7,500, or until 56 days after the claim was made, whichever comes first. If the claim is accepted, weekly payments rise to up to 95 per cent of PIAWE and the insurer has 21 days to adjust and backpay the difference between the interim rate and the accepted rate.

Pathway B: other relevant event claims (violence, criminal conduct, witnessing trauma, death in care, vicarious trauma)

These claims run closer to the familiar process. You notify the injury with the minimum information (your details, your employer’s, your treating doctor’s, a certificate of capacity naming the disorder, and consent to use your information), and the insurer must commence provisional weekly payments within 7 days unless it has a reasonable excuse, with provisional medical treatment cover of up to $10,000. There is no 42-day gate and no IRC involvement, because nobody has to prove contested conduct occurred: the event either happened or it did not.

PIAWE itself, the earnings figure that all of these percentages are applied to, is calculated under its own set of rules, and getting it wrong compounds through every later payment. Our detailed PIAWE guide is publishing on this site shortly. Note also that from 1 July 2026 a PIAWE decision is no longer a “work capacity decision”, which changes how you dispute it.

The two pathways side by side: first 60 days of a claim

Pathway A: relevant conduct claim
Day 0. Complete signed claim form received by insurer. Entitlements run from this date, not from the injury.
Within 7 days. Interim payments start: 75% of PIAWE (capped at $2,662.10 per week), less any actual earnings. Medical cover up to $7,500 or 56 days, whichever first.
Day 1 to 42. Insurer investigates: accounts, records, witnesses, any police, SafeWork, Fair Work or union reports.
Day 42. Decision due. No decision means the claim is taken to be accepted.
If accepted. Weekly rate rises to up to 95% of PIAWE; adjustment and backpay within 21 days.
If disputed. Section 78 notice with reasons; internal review, then the conduct question goes to the Industrial Relations Commission.
Pathway B: other relevant event claim
Day 0. Injury notified with the minimum information, including a certificate of capacity naming the diagnosed disorder.
Within 7 days. Provisional weekly payments must start unless the insurer has a reasonable excuse. Provisional medical cover up to $10,000.
Liability decision. Made on the ordinary claims timetable while provisional support continues.
If accepted. Weekly payments continue under the standard rate structure against PIAWE.
If disputed. Section 78 notice; internal review, then the Personal Injury Commission (not the IRC), with free help from the IRO and ILARS-funded legal advice.

How we got these numbers: figures and timeframes from the SIRA psychological injuries guide (updated 18 August 2026); $2,662.10 is SIRA’s stated current maximum weekly compensation amount, indexed periodically.

How long the money lasts: the 130-week rule and the WPI ladder

Under new section 39A(1) of the 1987 Act, a worker has no entitlement to weekly payments for a primary psychological injury after an aggregate of 130 weeks, which is two and a half years. That is the rule for most people. The exceptions run off your whole person impairment (WPI) percentage, assessed once, under the single-assessment rules that also commenced on 1 July 2026: liability must be determined first, you must have received independent legal advice, you choose when you are ready to be assessed, and the insurer can no longer direct you to attend a WPI assessment. A further assessment is only possible if your condition unexpectedly and materially deteriorates by at least another 10 percentage points.

What each WPI band gets you, for a primary psychological injury notified on or after 1 July 2026:

  • Under 15 per cent: weekly payments up to 130 weeks, plus medical treatment for one year after weekly payments stop. No lump sum.
  • 15 to 20 per cent: the same duration, plus a section 66 permanent impairment lump sum. The 15 per cent lump sum threshold for psychological injury did not change on 1 July 2026, whatever some firm guides say.
  • 21 to 24 per cent: everything above, plus up to 52 additional weeks of payments at 60 per cent of PIAWE after week 130 (to week 182) if you have no current work capacity or are working at least 15 hours a week, plus the return-to-work intensive support program for up to 12 months.
  • 25 to 30 per cent: weekly payments can continue long term under the extended provisions, and the door opens to work injury damages, the negligence lump sum, if your employer’s negligence caused the injury.
  • 31 per cent and above: highest-needs support, including lifetime medical treatment.

The work injury damages threshold is the moving part. Under section 151H as amended, for a primary psychological injury the degree of permanent impairment must be at least 25 per cent where the injury was notified or claimed on or after 1 July 2026, more than 26 per cent on or after 1 July 2027, and at least 28 per cent on or after 1 July 2029. Anyone who notified before 1 July 2026 keeps the old 15 per cent threshold. The practical effect is stark: clinical experience with the psychiatric rating scale (PIRS) suggests relatively few claimants are rated at 25 per cent or higher, so the negligence lump sum route narrows to the most severe injuries, and your notification date fixes which rung of the ladder you must clear. Waiting to notify can literally raise the bar on you.

For what a section 66 lump sum is actually worth at each percentage, and how the single assessment interacts with it, see our complete lump sum guide.

The psychological injury WPI ladder (injuries notified on or after 1 July 2026)

Under 15%
Weekly payments to 130 weeks. Medical for 1 more year. No lump sum.
15% to 20%
Adds the section 66 permanent impairment lump sum. Threshold unchanged by the reforms.
21% to 24%
Adds up to 52 weeks at 60% of PIAWE after week 130 (to week 182), plus intensive return-to-work support.
25% to 30%
Adds long-term weekly payments and access to work injury damages if the employer was negligent.
31% and above
Highest needs: payments towards retirement age and medical treatment for life.

The work injury damages bar climbs by notification year

15%
Notified before 1 July 2026 (grandfathered)
at least 25%
Notified or claimed from 1 July 2026
more than 26%
From 1 July 2027
at least 28%
From 1 July 2029

How we got these numbers: section 151H(2)(b) of the 1987 Act as amended by the Workers Compensation Legislation Amendment (Reform and Modernisation) Bill, passed February 2026; band entitlements from the SIRA psychological injuries guide (18 August 2026). Bar heights are schematic, not to scale.

What the reforms changed, and why they happened

The numbers behind the reform explain its shape. In his ministerial statement of 18 March 2025, the NSW Treasurer reported that psychological injury claims had doubled over six years while all other claims grew 16 per cent, that psychological claims were 12 per cent of claims but 38 per cent of scheme costs, and that the average cost of a psychological claim had risen from $146,000 in 2019-20 to a projected $288,542 in 2024-25. Return-to-work outcomes drove the concern: 88 per cent of workers with physical injuries were back at work within 13 weeks, against 60 per cent of psychological injury workers within a full year. The Nominal Insurer was holding 85 cents in assets for every dollar of expected liabilities. National data points the same direction: Safe Work Australia’s 2019-20 figures put median time lost for a serious mental health claim at 30.7 working weeks against 6.2 weeks for physical injuries, and median compensation at $55,270 against $13,883.

The politics matter for reading the law. The government’s first bill in mid-2025 proposed a 31 per cent WPI threshold for psychological injury damages; after two upper house inquiries and sustained union and crossbench opposition it did not pass in that form, and the threshold landed at 25 per cent, escalating by steps, in the Act passed in November 2025, with a second act in February 2026 completing the framework. An upper house move to restore the higher threshold was defeated. Expect continued amendment: a statutory review of the PIRS rating system was initiated in March 2026 and the mid-2027 assessment framework is still to be built out in regulation.

QuestionNotified before 1 July 2026Notified on or after 1 July 2026
Can work stress or conflict found a claim?Yes, if employment was a substantial contributing factorNo. Only listed relevant events qualify, tested objectively
Management action defenceApplied if it was the whole or predominant causeApplies if it was a significant cause, from an expanded list of actions
How long can weekly payments run?Up to 260 weeks (more above 20% WPI)130 weeks, unless 21%+ WPI (to 182 weeks) or 25%+/31%+ (long term)
Section 66 lump sum threshold15% WPI15% WPI (unchanged)
Work injury damages threshold15% WPI25%, rising to more than 26% (2027) and 28% (2029)
Who decides disputed bullying or harassment?Personal Injury CommissionIndustrial Relations Commission has exclusive jurisdiction over whether relevant conduct occurred; the PIC keeps the rest
WPI assessmentMultiple assessments possible; insurer could direct attendanceOne assessment, at the worker’s initiative after legal advice; further assessment only for a 10-point unexpected deterioration

Sources: NSW Treasurer, ministerial statement, 18 March 2025; Safe Work Australia, latest trends in mental health conditions (published November 2022, reporting 2019-20 medians); ABC News, 5 June 2025; Stacks Law Firm on the defeated threshold amendment; SIRA reform FAQs.

Three worked examples: what the new rules pay, in dollars

The people below are hypothetical and the figures are illustrative, calculated at the stated PIAWE using the percentages in the SIRA guide. Your own numbers turn on your PIAWE and your assessment.

Maria, 44, ICU nurse: a bullying claim on the relevant conduct pathway

Maria’s PIAWE is $1,800. After eight months of documented, escalating conduct from a supervisor (rosters changed to sabotage her, ridicule in handovers, exclusion from training), her psychiatrist diagnoses major depression. She lodges the full relevant conduct claim form on 1 September 2026 with dates, instances, witnesses and her diary. While the insurer investigates she has no capacity for work, so interim payments run at 75 per cent of PIAWE: $1,350 a week, well under the $2,662.10 cap, and her psychologist sessions are covered inside the $7,500 interim medical allowance. The insurer accepts liability on day 42. Her rate rises to 95 per cent of PIAWE, $1,710 a week, and within 21 days the insurer backpays the difference: $360 a week for six weeks, $2,160. After week 13 on the standard rate structure her payment steps down to 80 per cent, $1,440 a week, while she has no capacity. If her eventual single assessment lands at 16 per cent WPI she adds a section 66 lump sum (threshold 15 per cent, unchanged), but with WPI below 25 per cent her payments still end by week 130 and no damages claim is available, whatever her employer’s negligence.

Dave, 31, service station attendant: an armed robbery on the other relevant events pathway

Dave, PIAWE $1,400, is held at knifepoint during a night shift in August 2026 and develops PTSD. An act or threat of violence is a relevant event with an obvious real and direct connection to his job, so there is no 42-day conduct investigation: provisional weekly payments must start within 7 days of notification, at 95 per cent of PIAWE, $1,330 a week for the first 13 weeks, then 80 per cent, $1,120, while he cannot work, with up to $10,000 of provisional medical treatment. A year later his single assessment, taken after independent legal advice and when his psychiatrist says he has stabilised, returns 27 per cent WPI. Because he notified in 2026, his damages threshold is 25 per cent: he clears it, and since his employer had removed the store’s security screens and ignored two prior incidents, he has a viable work injury damages claim for his past and future lost earnings, paid as a single lump sum that ends his weekly payments. Had he waited to notify until after 1 July 2027, the bar would have been “more than 26 per cent” and his margin would have thinned to a single point.

Priya, 38, project manager: chronic overwork that does not pass the gateway

Priya burns out after eighteen months of understaffing and friction with her director. Her GP diagnoses an adjustment disorder. Pre-reform, employment as a substantial contributing factor would likely have carried her claim. Now the insurer asks: which relevant event? Personality conflict is expressly outside the list. Excessive work demands is arguable, but it is tested objectively against her role, its seniority, industry practice and staffing, and demands that are high yet within the ordinary scope of a senior role will not qualify; her director’s conduct, assessed objectively, does not reach the definition of bullying. Her claim is declined. Her options sit outside workers compensation: a stop-bullying or stop-sexual-harassment application to the Fair Work Commission while she remains employed, a hazard report to SafeWork NSW, a Medicare mental health care plan for treatment, income protection through her superannuation, and, if she is pushed out, general protections or unfair dismissal routes with their own strict time limits.

If your claim is knocked back: internal review, the IRC and the PIC

A knocked-back claim arrives as a section 78 notice setting out the insurer’s reasons and the information relied on. What happens next depends on what is in dispute.

Relevant conduct disputes go to the IRC

If the dispute is about whether bullying, harassment or excessive work demands actually occurred as the Act defines them, you must first request an internal review by the insurer. The insurer must respond within 2 business days with the review details, complete the review within 14 days, and use a senior reviewer with relevant experience who had no prior involvement in the decision. If the review does not resolve it, the question goes to the Industrial Relations Commission, which under new section 280AH of the 1998 Act has exclusive jurisdiction to determine whether the conduct was relevant conduct. The IRC decides only that question; everything else about your claim (capacity, PIAWE, treatment, impairment) stays with the usual bodies.

Everything else goes through the PIC

Disputes about liability on the other relevant events, about whether work was the main contributing factor, about reasonable management action, weekly payments, treatment or your impairment assessment follow the established route: internal review, then the Personal Injury Commission. The Independent Review Office (IRO) (13 94 76) handles complaints about insurer conduct and delay, and ILARS grants can fund a lawyer for your dispute at no cost to you, a function the reforms retained and clarified. Before commencing proceedings, insurers must now also certify their position has reasonable prospects of success, a new discipline on weak declinatures.

Move quickly after a section 78 notice. The general claim time limits still apply to psychological injuries (notify as soon as possible; claim within six months, extendable in defined circumstances up to three years), the conduct detail is easier to evidence while witnesses are still contactable, and every month of delay pushes you closer to the next rung of the damages ladder. If your dispute involves being performance-managed or dismissed while injured, take advice before resigning; that decision interacts with both this scheme and employment law in ways that are hard to unwind.

Sources: SIRA psychological injuries guide; Personal Injury Commission; Independent Review Office.

Six mistakes that sink psychological injury claims under the new rules

  1. Delaying notification. The damages ladder is fixed by when you notify or claim: 25 per cent now, more than 26 per cent from 1 July 2027, 28 per cent from 1 July 2029. People routinely sit on psychological injuries for months out of stigma or hope things improve. Under the new regime that delay can move you onto a harsher rung, and for relevant conduct claims compensation only runs from the date the completed form reaches the insurer.
  2. Lodging a bare relevant conduct claim form. A form that says “I was bullied by my manager for two years” without dated instances, locations, names and witnesses invites a dispute the insurer has 42 days to build. The statutory minimum information is detailed for a reason. Assemble the diary, messages, rosters and complaint records before you lodge, but do not let assembly drag on unpaid for weeks.
  3. Letting the certificate of capacity say “stress”. The gateway requires a diagnosed mental or psychiatric disorder. “Work stress” on the certificate describes an excluded category and hands the insurer a decline. Every box on that form commits you to something; our certificate of capacity guide covers what to check before it is lodged.
  4. Attending an impairment assessment too early, or on the insurer’s terms. Since 1 July 2026 you get one assessment, you choose the timing, you must have independent legal advice first, and the insurer cannot direct you to attend. Being assessed before your condition stabilises locks in a lower percentage, and a further assessment needs an unexpected deterioration of at least 10 more percentage points, a very high bar for psychiatric conditions.
  5. Assuming the reasonable management action defence ends the matter. Insurers will use the expanded defence aggressively, but it only operates where the management action was taken reasonably and on reasonable grounds, and it must be a significant cause of the injury. An investigation run without procedural fairness, or performance management used as a vehicle for the very bullying complained of, is not reasonable action. That line is exactly what the internal review and the IRC exist to test.
  6. Resigning before getting advice. Resignation can end weekly payment entitlements you would otherwise keep, weaken a damages claim, and strip you of Fair Work options that require you to still be employed. Take advice first, even if you cannot imagine going back.

Where the existing guides disagree, and who is right

We compared the highest-ranking commercial guides for this topic against the primary sources on 20 September 2026. Three points of direct conflict, and one systemic problem, are worth naming.

What the guides sayWhat the primary sources sayWho is right
A prominent 2026 firm guide states the WPI threshold “for accessing lump sum payments” rose from 15% to 25% on 1 July 2026.The SIRA guide is explicit: the section 66 permanent impairment lump sum threshold for psychological injury is unchanged at 15%. The 25% ladder applies to extended weekly benefits and work injury damages (s 151H).SIRA. Conflating the two thresholds tells a 16% WPI worker they have no lump sum entitlement when they do.
Several established firm pages still describe the old test: employment as “a substantial contributing factor”, with the defence limited to action that was the whole or predominant cause.For injuries notified from 1 July 2026, the gateway is a listed relevant event, a real and direct connection, and employment as the main contributing factor; the defence applies where reasonable management action was a significant cause.The amended Act. The old pages are correct only for injuries notified before 1 July 2026, and none of them says so.
Guides updated in early 2026 quote a maximum weekly compensation amount of $2,604.80.SIRA’s current published maximum is $2,662.10, and indexation moves to an annual cycle from 1 April 2027.SIRA. Caps index; always check the current SIRA benefits page rather than a firm’s last update.
The escalating damages ladder is quoted inconsistently across secondary sources (25/26/28 vs 25/27/28, with different years attached).The Bill as passed (s 151H(2)(b)) and the PIC agree: at least 25% from 1 July 2026, more than 26% from 1 July 2027, at least 28% from 1 July 2029, keyed to when the injury is notified or claimed.The legislation, as the highest tier, followed by the PIC. This article uses that ladder.

Frequently asked questions

Can I claim workers comp for stress in NSW?

Not for stress as such. Since 1 July 2026 a claim needs a diagnosed mental or psychiatric disorder caused by a listed relevant event, such as bullying, harassment, violence or witnessing trauma. General work pressure and interpersonal conflict are expressly outside the list, however unwell they have made you.

Can I still claim for bullying at work?

Yes. Bullying is a relevant event, but it is defined (repeated unreasonable behaviour, tested objectively) and it runs on the relevant conduct pathway: a detailed claim form, a 42-day insurer decision window with interim payments at 75 per cent of your pre-injury earnings, and the Industrial Relations Commission deciding any dispute about whether the conduct occurred.

How long can I stay on workers comp for a psychological injury?

For injuries notified on or after 1 July 2026, weekly payments generally stop at 130 weeks. At 21 per cent WPI or more you can receive up to 52 further weeks at 60 per cent of PIAWE, and at 25 per cent or more (31 per cent for highest needs) support can continue long term. Medical treatment generally runs one year past your last weekly payment, or for life above 30 per cent.

What is a relevant event in NSW workers compensation?

The closed list of events that can found a psychological injury claim: an act or threat of violence, indictable criminal conduct, witnessing a traumatic incident or suicide, the death of a person in your care, vicarious trauma, bullying, sexual harassment, racial harassment, and excessive work demands.

Do the new psychological injury rules apply to police, paramedics and firefighters?

No. Exempt workers, along with coal miners and volunteers, stay under the previous provisions, as do all workers whose psychological injury was first notified before 1 July 2026.

My psychological claim was rejected. What can I do?

Request the insurer’s internal review promptly (they must complete it within 14 days). If the dispute is about whether bullying, harassment or excessive demands occurred, it then goes to the Industrial Relations Commission; every other dispute goes to the Personal Injury Commission. The IRO (13 94 76) can take complaints about the insurer and arrange ILARS funding so a lawyer costs you nothing for the dispute.

A note on wellbeing: this article is about legal entitlements, but if the condition behind your claim is weighing on you right now, support exists outside the claims process. Your GP is the right starting point, and Lifeline is available around the clock on 13 11 14.

Primary sources

  • Workers Compensation Act 1987 (NSW), especially ss 39A, 39B, 66 and 151H as amended
  • Workplace Injury Management and Workers Compensation Act 1998 (NSW), including s 280AH
  • Workers Compensation Legislation Amendment (Reform and Modernisation) Bill: as-passed text and history, NSW Parliament
  • SIRA, Psychological injuries: a guide for workers and employers (updated 18 August 2026)
  • SIRA, Workers compensation reform FAQs
  • Personal Injury Commission, Workers compensation changes to commence 1 July 2026
  • Independent Review Office
  • SafeWork NSW, mental health at work
  • NSW Treasurer, Workers Compensation Ministerial Statement, 18 March 2025
  • Safe Work Australia, Latest trends in mental health conditions (November 2022) and Key WHS statistics
  • NSW Government, workers compensation reform regulations and guidelines consultation
  • Reform context: ABC News, 21 May 2025; ABC News, 27 May 2025; ABC News, 5 June 2025
  • Market analyses compared (not relied on for legal propositions): Hicksons; LEAP; King & Wood Mallesons; Stacks Law Firm; Gajic Lawyers; Taylor & Scott; Law Partners

This article is general information about NSW law as at 20 September 2026, not legal advice. The reforms are new, regulations and guidelines are still being made, and how the IRC and the courts will read the definitions is not yet settled. Get advice on your own facts before acting; ILARS funding usually makes that advice free for injured workers.

If your psychological injury may leave you with permanent impairment, the money side of your claim runs through the assessment and lump sum machinery we cover in Lump Sum Payments in NSW: The Complete 2026 Guide. Read it before anyone books you an impairment assessment.

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