The launch of the NSW Personal Injury Commission’s Pathway portal for workers compensation claims brings the process for workers compensation disputes into line with that used for motor accident claims since June 2023.
Workers compensation claims go first to the insurer, then to internal review by the insurer, and then to the Personal Injury Commission (PIC), then if necessary to court.
From 12 June 2024 all applications to the Personal Injury Commission must be lodged via Pathway.
The Pathway portal will digitise the claims process, enabling practitioners to view documents electronically.
Service will also occur via the Pathway portal. Service of applications by the applicant on the respondent will no longer be necessary. Applications will be served by the Commission sending an email to the respondent, with an invitation for them to view the claim online. Respondents will receive a reply request in the same way.
The By Lawyers Workers Compensation (NSW) guide has been updated to reflect this new process.
The Personal Injury Commission website provides a link to Pathway and information for practitioners.
The Pathway portal is used to lodge workers compensation disputes involving:
- weekly benefits, if the period is more than 12 weeks;
- medical expenses;
- domestic assistance;
- compensation for property damage;
- lump sum compensation when liability is disputed;
- suitable duties following a work injury;
- compensation for the death of a worker;
- lump sum compensation when the degree of permanent impairment is disputed;
- threshold for work injury damages when the degree of whole person impairment is disputed.
All relevant information and documents on which the applicant intends to rely need to be included and noted as attachments to the application.