Injured person? Start here
Start here to find out how your dispute will be resolved by the Commission. On this page we explain what you, as an injured person, can expect if you apply to resolve a dispute at the Personal Injury Commission.
The Personal Injury Commission resolves disputes between insurers and people who have been injured at work or in a motor vehicle accident. When you are injured at work or on the road, the insurer may make a decision you don’t agree with on your entitlements, benefits or compensation. This is called a dispute, and the Commission’s role is to resolve these disputes. To do this, we work with all parties to explore ways of resolving a dispute. When the parties are not able to reach their own resolution, an independent decision maker of the Commission will decide the dispute.
The Commission is divided into two divisions – the Workers Compensation Division and the Motor Accidents Division. Your dispute will be assigned to the appropriate division for resolution.
Can you lodge a dispute?
Before you can lodge a dispute with us, you must have first submitted a claim with the insurer . For more information on making a claim for workers compensation or a motor accident injury, visit the State Insurance Regulatory Authority (SIRA) website.
You may also ask your insurer to review their decision before lodging a dispute with the Commission. In some cases, you are required to have an internal review from the insurer before you can lodge a dispute with us.
How to lodge a dispute
The first step towards resolving your dispute is to complete and lodge the appropriate application through the Commission’s online portal. If you need assistance with lodging an application, please contact us. We cannot provide legal advice, but we will be able to assist with the procedural aspects of your application. If you are legally represented, your lawyer will lodge the application on your behalf.
The lodgment process
When an application is lodged at the Commission our registry team will acknowledge that we have received the application and request a reply
All information must be lodged with the application and reply
The Commission requires all relevant information that a party intends to rely on to be lodged with the application or reply.
It may not be possible to include further information later in the dispute resolution process, so it is best to wait until you have all relevant information before you lodge an application. The respondent will also need to include all relevant material with their reply. This early exchange of information assists with discussions to help resolve the dispute.
Once the Commission receives the application and the reply, the dispute will be assigned to the most appropriate dispute resolution pathway within one of the two divisions.
For the Workers Compensation Division the pathways are the:
- Legal disputes pathway
- Medical disputes pathway
- Damages disputes pathway, and
- Expedited disputes pathway.
For the Motor Accidents Division the pathways are the:
- Claims and merits disputes pathway, and
- Medical disputes pathway.
The Commission will decide on the most appropriate pathway, depending on the type of claim and the issues in dispute. However, disputes can be complicated and the Commission may decide to change the pathway for a dispute at any time.
In the Workers Compensation Division most parties are legally represented in the Commission’s dispute resolution proceedings. As a claimant you will usually be entitled to government funding for legal assistance when your claim is disputed. Applications for legal assistance funding should be made to the Independent Legal Assistance and Review Service (ILARS). Your legal representative will usually apply to ILARS on your behalf for legal assistance funding. If you don’t have a lawyer, ILARS may also be able to assist you to locate one. ILARS is administered through the Independent Review Office (IRO). Call IRO on 13 94 76 for more information. You can choose to represent yourself, but you must indicate this when you make your application.
In the Motor Accidents Division injured people may be represented by a lawyer or can lodge a dispute themselves. CTP Assist can provide information about the CTP Legal Advisory Service.
The following bodies may also be able to assist you to locate a lawyer:
- The Law Society Solicitor Referral Service (02 9926 0333) helps members of the public find lawyers that are appropriate for their individual circumstances and needs.
- LawAccess NSW is a free government telephone service (1300 888 529) that provides legal information, referrals and, in some cases, advice for people who require legal assistance
Equal access to our services at no cost
The Commission is committed to providing equal access to our services. The Commission conducts proceedings in various regional locations, in addition to our location in Sydney.
We can provide accessibility assistance for you to contact the Commission or to attend proceedings or medical assessments. All Commission offices, including regional venues, provide for disability needs and we will make arrangements to ensure you have the necessary support.
We can also arrange interpreters, at no cost, to assist you during proceedings before the Commission. An interpreter can also be provided if you are required to attend a medical assessment.
The Commission’s dispute resolution services, including medical assessments, are free.