WorkCover Independent Review Service

The WorkCover Independent Review Service (WCIRS) is a free and impartial service that injured workers can use to have certain decisions made by or on behalf of WorkSafe reviewed.

Applying to (WCIRS) must be done with 30 days from the date of the Genuine Dispute Certificate issued by the Workplace Injury Commission (WIC) after conciliation, and within 6 Months of becoming aware of the disputed agent decision being made (unless the injured worker referred a disputed agent’s decision to conciliation within 6 Months which remains unresolved).

If there are exceptional circumstances, these time frames may be waived.

(WCIRS) will cease the review and take no further action, if the reviewable decision:

• Is listed for a final court hearing.
• An arbitration date is scheduled.
• Is referred to the medical panel.

Reviewable decisions include decision made by WorkSafe that are:

• Related to provisional payments for mental health injuries.
• A rejection of an injured workers' claim, including a decision not to accept liability for an injury, condition or disease.
• Related to weekly payments, including a decision
  • To stop, suspend or refuse to pay weekly payments
  • About the calculation of weekly payments i.e. Pre-Injury Average Weekly Earnings (PIAWE). This formula determines the weekly pay rate figure.
  • About whether the injured worker has or does not have a current work capacity; and
• Relating medical and like services.

Decisions that will not be reviewed are: 

• Stopping of weekly payments because WorkCover considers that the payments were obtained fraudulently.
• An injured worker’s impairment benefit entitlement, including a decision about liability for an injury or degree of impairment.
• Relating to the death of a worker or their dependents.
• Rejection of a claim for compensation on the basis that the injured worker is not deemed a worker under compensation law.
• Rejection of a claim for compensation on the basis that the employer was not the correct employer of the worker at the time of the injury or death.
• Where there is a final medical panel determination.
• Decisions that have been settled by agreement between the WorkCover agent and the injured worker.
• Decisions made by, or on behalf of, a self-insurer under compensation law.
• Decisions relating to a Serious Injury or Common Law Damages or;
• That are not otherwise listed as a reviewable decision.

If an injured worker is unsure if the service can intervene, don’t hesitate to contact WCIRS by calling 03 4243 7061 to discuss your options.

Check out some resources from the WCIRS website below. 

The information on this website produced and distributed by the IWSN is of a general nature. We do our best to ensure the information is accurate and up to date, but cannot take any responsibility for any loss arising out of its use. You should not rely on it applying in your own circumstances and should always take further advice from those with appropriate qualifications.

Last updated August 2024.