Workers Compensation Referrals

Workers Compensation Referrals

WORKERS COMPENSATION: MSD SUPPORT & SOLICITOR REFERRALS 

For MSD Use Only 

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1. Purpose 

This guide explains: 

  • What assistance MSD provides in workers compensation matters 

  • When a matter must be referred to a solicitor 

  • How MSD and solicitors work together after a referral 

  • Clear boundaries for MSOs to ensure consistent and safe support 

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2. What MSD DOES DO in Workers Compensation Matters 

MSD provides initial support, guidance, and triage, but does not act as a legal representative. 

During First Response or case management, MSD may: 

A. Provide General Workers Compensation Information 

  • Explain the employees’ rights under the NSW Workers Compensation Scheme 

  • Explain employer obligations, and basic insurer obligations 

  • Explain what “provisional liability,” “reasonable excuse,” or “IME” mean 

  • Provide guidance on return-to-work obligations 

  • Clarify member responsibilities (certificates, reporting, communication) 

B. Identify Whether the Member Needs Legal Support 

MSO responsibilities include: 

  • Asking key questions 

  • Reviewing the Certificate of Capacity 

  • Clarifying insurer decisions 

  • Identifying red flags 

  • Assessing urgency 

C. Provide Practical Support 

MSOs may: 

  • Help members understand insurer correspondence 

  • Help members prepare questions to ask their solicitor 

  • Encourage the member to gather documents and keep communication records 

  • Support the member with workplace issues linked to the workers comp injury (e.g., suitable duties disputes) 

D. Handle Industrial Issues Connected to the Injury 

MSD continues to manage: 

  • Return-to-work disputes 

  • Bullying/harassment related to injury 

  • Suitable duties disagreements 

  • Employer pressure or misconduct 

  • Rostering/leave issues connected to capacity 

  • Workload or redeployment disputes 

Even when a solicitor is involved for the workers comp aspects, MSD manages the industrial problem. 

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3. What MSD DOES NOT do 

MSD does not: 

  • Provide legal advice 

  • Prepare workers comp claims or lodge them 

  • Contact insurers on behalf of members 

  • Argue liability or impairment matters 

  • Write legal submissions 

  • Attend IMEs with members 

  • Manage appeals or conciliation processes in the Personal Injury Commission 

  • Provide advice on permanent impairment percentages 

If the issue is legal → solicitor referral required. 

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4. When to Refer a Workers Compensation Matter to a Solicitor 

Refer immediately if ANY of the following are present: 

A. Insurer Decision Issues 

  • Claim has been denied 

  • Insurer has applied a “reasonable excuse” 

  • Provisional liability not accepted within 7 days 

  • IME request appears inappropriate or excessive 

  • Member is told to attend multiple IMEs 

  • Surveillance concerns 

  • Member disputes insurer calculations (weekly payments) 

B. Medical & Capacity Issues 

  • Member has ongoing symptoms 

  • There is a dispute between treating doctor and insurer 

  • Member is being pressured to return to unsuitable duties 

  • Member likely has permanent impairment 

C. Serious Injury or Long-term Concerns 

  • Injury likely leads to future restrictions 

  • Surgery recommended 

  • Psychological injury 

  • Bullying or trauma-related injury 

  • Chronic condition aggravated by work 

D. Legal Red Flags 

  • Member may have a negligence claim (15% WPI threshold) 

  • Injury occurred in a motor vehicle accident 

  • Denial or delay in medical treatment 

E. When the Member Asks for Legal Support 

  1. Always explain benefits + process, then refer. 

5. Referral Process Overview 

Referrals go through the HSU Law Firm Rotation (Carroll & O’Dea, Hall Payne, McNally Jones). 

MSO must: 

  1. Complete the referral form during the call. 

  1. Identify the correct firm. 

  1. Email the referral to the assigned firm + cc MSD Inbox. 

  1. Log interaction in IMIS. 

 

Please note that MSOs are permitted to make referrals for member whose membership is workers comp has been financial for less than three months. Referrals are funded by the Government, through IRO. 

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6. After Referral – How MSD Works With Solicitors 

Once referred, the solicitor handles: 

  • Liability disputes (Section 78 notices) 

  • Permanent impairment matters 

  • Medical disputes 

  • Causation challenges 

  • Negotiation and settlement 

  • Tribunal representation 

However, MSD continues handling industrial components. 

MSD Responsibilities After Referral 

MSOs continue to support the member by: 

  • Assisting with return-to-work or suitable duties issues 

  • Supporting with workplace conflicts or rostering issues 

  • Managing bullying/harassment concerns 

  • Helping interpret employer documents 

  • Maintaining the industrial relationship 

  • Ensuring the employer complies with Award/Agreement obligations 

 

How to communicate this to members 

Use this script: 

“Your solicitor will handle the legal side of your workers compensation claim. 
If any workplace issues come up, like pressure to return too soon, disputes about suitable duties, or concerns about treatment at work — that stays with us. 
Please keep your MSO updated about what’s happening at work.” 

 

Communication Between MSD & Solicitors 

Solicitors sometimes contact MSD for: 

  • Rosters or employer information 

  • Clarification about work duties 

  • Incident details or timelines 

  • Understanding the industrial context 

MSOs may: 

  • Provide factual information (no legal advice) 

  • Confirm workplace factors or Award issues 

  • Provide records from IMIS where appropriate 

MSDs must not: 

  • Provide legal opinions 

  • Interpret medical evidence 

  • Disagree with solicitor advice 

  • Influence legal strategy 

If unsure → escalate to MSD Supervisor/Manager. 

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7. When to Re-Refer or Follow Up 

A second referral may be needed if: 

  • Issue escalates to a new dispute 

  • New injury or condition emerges 

  • Member receives conflicting information 

  • Solicitor becomes unresponsive 

MSO should: 

  1. Ask the member for details 

  1. Review prior interaction notes 

  1. Consult Supervisor if unclear 

  1. Send updated information to the same firm 

8. Logging Requirements 

Every workers compensation interaction must clearly state: 

  • Summary of injury 

  • Insurer status 

  • Whether a referral was made 

  • Why a referral occurred 

  • Which firm received the referral 

  • Next steps for MSD 

Case creation is recommended when: 

  • Workplace issues are ongoing 

  • RTW problems persist 

  • Employer conduct is involved 

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