NSW Return to Work Is Changing

NSW Return to Work Is Changing

The landscape of workplace injury management in New South Wales is undergoing a significant transformation. For years, return to work (RTW) outcomes have been trending downward, creating challenges not only for injured workers but also for employers, insurers, and the broader community. Recognising the urgency of this issue, the State Insurance Regulatory Authority (SIRA) has released its Return-to-Work Roadmap 2026–28, a comprehensive plan to reverse declining outcomes and embed recovery at work as the cornerstone of the workers' compensation system.

This reform period represents both a challenge and an opportunity for employers. The roadmap signals heightened expectations, closer regulatory oversight, and a shift toward capability?based injury management. Employers who act early, invest in supportive leadership, and embrace person?centred practices will not only reduce claim costs but also foster healthier, more resilient workplaces.



Why Return to Work Is Under the Spotlight

SIRA’s data shows RTW performance in NSW has fallen since 2016–17. At 13 weeks post?injury, RTW rates have dropped from 88% to 79%, equating to more than 45,000 additional people not working who otherwise may have recovered at work.

The Roadmap recognises that poor RTW outcomes are rarely caused by the injury alone. Recovery is shaped by four interconnected domains:

  • Personal factors (beliefs, expectations, psychological distress)
  • Workplace factors (supervisor response, suitable duties, culture)
  • Insurance/system factors (early contact, timely decisions)
  • Health care factors (evidence?based, work?focused treatment)

Crucially, many of these factors are modifiable, especially in the first four weeks following injury.

Early Intervention: The Non?Negotiable Priority

One of the strongest messages in the Roadmap is that early intervention is failing and must improve. Currently, fewer than 25% of claims receive an effective early risk assessment, and opportunities for recovery at work are often missed.

For employers, this reinforces critical obligations:

  • Make early contact with the injured worker
  • Identify suitable duties immediately
  • Begin RTW planning within days, not weeks

Evidence shows that after 45 days away from work, a worker’s chance of returning drops to 50%. Delayed engagement—whether intentional or not leads to higher claim costs, longer absences, and increased risk of job detachment.

Psychological Injury: A Growing Risk

Psychological injury claims account for only 10% of claims but 26% of total claim costs in NSW. RTW outcomes are significantly poorer, with just 40% returning at 13 weeks compared to 85% for physical injuries.

The Roadmap highlights that 70% of psychological injury claims stem from preventable workplace factors, including:

  • Excessive work pressure
  • Poor supervisor behaviour
  • Bullying and harassment
  • Inadequate support after injury notification

For employers, the message is clear: RTW performance is inseparable from workplace culture and leadership capability. Prevention, early support, and psychologically safe work design are now central to managing workers compensation risk.

Small and Medium Employers: The Biggest Challenge

SIRA’s data shows a significant gap in RTW outcomes by employer size. At 13 weeks:

  • Large employers (>200 workers): 82% RTW
  • Medium employers (20–200): 80% RTW
  • Small employers (1–19): just 69% RTW

Small businesses often lack dedicated RTW systems or confidence navigating insurer processes. In response, SIRA will expand employer?focused initiatives, including outbound support and simplified RTW guidelines. However, regulators are clear: lack of experience is no longer an excuse for poor RTW practices.

What Employers Should Do Now

The Roadmap positions employers as a central lever for improving outcomes. Practical steps include:

  1. Train supervisors to respond positively and confidently to injury
  2. Document RTW plans early, even for minor injuries
  3. Offer suitable duties creatively, not restrictively
  4. Stay connected with injured workers, regardless of work capacity
  5. Partner early with rehabilitation providers when risk factors emerge

SIRA will increasingly monitor lead indicators such as early contact, RTW planning, and provision of suitable work—not just end outcomes.

A Shift from Compliance to Capability

The Roadmap signals a decisive shift away from checkbox compliance toward capability?based injury management. Employers who invest in early intervention, leadership confidence, and recovery?at?work practices will be best positioned as regulatory scrutiny intensifies.

At ABILITY GROUP, we see this Roadmap as an opportunity for employers to reduce risk, strengthen workplace culture, and achieve better business outcomes through improved recovery at work.

Further Reading

For more on evidence?based recovery at work principles, see the Australasian Faculty of Occupational & Environmental Medicine – Realising the Health Benefits of Work (Royal Australasian College of Physicians), a widely recognised authority referenced by SIRA.

Further Information

Source: SIRA

Title: New roadmap to help more injured workers return to work

Read time: 5+ mins

The Psychological Injury Claims Rise

The Psychological Injury Claims Rise

Recent data shows a sharp increase in claims related to mental health conditions such as depression, anxiety, PTSD, and chronic stress. In the UK, psychological injury claims (excluding whiplash) rose by 34.6% year-on-year, while whiplash claims with psychological components increased by 13.6%. These figures reflect a broader global trend: mental health is no longer a silent issue; it’s a legal and operational reality.

Why are Psychological Injury Claims are rising?

Several factors are driving this surge:

  • Workplace Harassment and Bullying: Employees are more aware of their rights and more willing to report toxic environments.
  • Hybrid Work Challenges: Remote work can blur boundaries, increase isolation, and reduce access to support.
  • Greater Mental Health Advocacy: Societal shifts have encouraged individuals to seek help and hold employers accountable.
  • Legal Recognition: Courts are increasingly recognizing emotional distress and psychological harm as legitimate grounds for compensation.

Is Your Workplace Prepared?

Ability Group and similar organizations must ask: Are we equipped to prevent, manage, and respond to psychological injury claims? Here’s what readiness looks like:

1. Proactive Mental Health Policies

Implement clear policies that define psychological safety, outline reporting procedures, and ensure confidentiality.

2. Training for Managers

Equip leaders to recognize signs of distress, respond empathetically, and avoid behaviors that could be construed as harassment.

3. Access to Support Services

Offer Employee Assistance Programs (EAPs), mental health days, and access to counseling or therapy.

4. Safe Reporting Channels

Create anonymous and secure ways for employees to report psychological harm without fear of retaliation.

5. Documentation and Risk Assessment

Regularly assess psychosocial risks in the workplace and document interventions to demonstrate compliance and care.

Legal and Financial Implications

Failure to address psychological risks can result in costly claims, reputational damage, and loss of talent. Legal experts warn that employers who neglect mental health may face increased litigation and regulatory scrutiny.

Moving Forward with Confidence

For Ability Group, the path forward is clear: embed psychological safety into the core of workplace culture. This isn’t just about avoiding claims, it’s about creating a resilient, compassionate, and high-performing organisation.

Contact our team to discuss.


Sources:
DWF Group – Navigating the Latest Challenges: Psychological Injury in Claims
Fund Capital America – Anticipated Trends in Personal Injury Law for 2025

 

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Elves in our office

Elves in our office

At ABILITY GROUP, we believe the workplace should be more than just desks and deadlines. it should be a space filled with creativity, collaboration, and joy. One of our most beloved traditions is welcoming the elves in our office, who bring a touch of festive magic to our daily routines.

The elves in our office are busy taking care of business & getting ready for the holiday season.

Our office will be closed from Monday 24th of December 2018 & reopens Thursday 10th January 2019.

Click image below to watch a short video to see how our special elves are taking care of business...

Merry Christmas & Happy New Year from Julie, Marc & the ABILITY GROUP team

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