If you’re receiving weekly workers compensation payments in NSW and thinking about moving – whether it’s interstate or overseas – it’s important to understand how your move could affect your payments. The rules change once you leave Australia, so a little preparation can save you from a big financial shock later.
Let’s break down what happens and what you can do to protect your entitlements.
Moving Overseas? Here’s What You Need to Know
Under Section 53 of the Workers Compensation Act 1987 (NSW), your weekly payments will stop automatically if you move overseas – unless a specific legal process is followed.
To keep your payments going after leaving Australia, you’ll need to have your work-related incapacity certified as permanent. This certification must come from:
- A Medical Assessor appointed by the Personal Injury Commission (PIC), or
- A Member of the PIC who formally decides your case.
Even if your treating doctors believe you’ll never return to work, that isn’t enough to keep receiving payments once you move overseas.
If you’re not sure what, or who, a Medical Assessor is, see I am going to a Medical Assessor. What should I expect? – Bourke Legal Lawyers
What Happens If Your Incapacity Is Declared Permanent?
If the PIC agrees that your incapacity is permanent:
- Your weekly payments can continue, but they’ll be paid quarterly in arrears — that is, every three months.
- You’ll also need to regularly prove your incapacity to the insurer to keep receiving payments.
This isn’t a “set and forget” arrangement, so make sure you stay on top of any paperwork or medical reviews.
What About Medical Expenses?
Once you move overseas, your insurer is not required to cover medical expenses from treatment outside Australia – even if it’s directly related to your work injury.
That means you’ll likely need to pay for any medical treatment overseas yourself. This can make a big difference to your budget, so it’s something to consider carefully before deciding to move.
Moving Interstate (Within Australia)
If you’re staying within Australia, things are much simpler. Your weekly payments won’t stop when you move to another state.
However, you’ll still need to:
- Attend medical or assessment appointments, which might still be scheduled in NSW.
- Keep in regular contact with your insurer.
- Work with your lawyer to arrange telehealth appointments or travel if required.
Even though your payments continue, moving interstate can make your claim a little more complicated – so it’s best to plan ahead.
For more details on bringing a claim after you have moved states, see our post on Understanding NSW Personal Injury Law: Resident vs Non-Resident Considerations.
Before You Move
If you’re considering moving overseas (even temporarily), talk to your lawyer before you go. They can notify your insurer and help you start the certification process with the PIC.
If you leave Australia before the certification is approved, your payments will stop — even if you later succeed in getting them reinstated. Acting early can help you avoid that gap.
Final Thoughts
Moving overseas as an injured worker in NSW can have serious financial and legal consequences. But with the right advice and preparation, you can protect your rights.
If you’re thinking about relocating, reach out to Bourke Legal as soon as possible — we can guide you through the process and make sure your entitlements are preserved.
Let us help you – give us a call on 1300 026 875 or contact us via our website – www.bourkelegal.com