A core purpose of the Independent Review Office (IRO) is it complaints function. In 2021, the IRO published its first report following an inquiry into the causes of complaints from injured workers about delays in determining liability for treatment.
The IRO has recently published its 2024 updated report ‘IRO Delay in Determining Liability Update Report December 2024’. IRO Delay in Determining Liability Update Report – December 2024.pdf
Between July 2020 and June 2024, there was a steady increase in the number of complaints received by the IRO, and 8,600 of those concern delays by insurers in determining liability. Approximately, 28% of all complaints to the IRO concern delays in insurer approval for treatment.
The IRO’s 2024 update reports that 80% of injured workers attempt to resolve their complaints with the insurer before contacting the IRO. However, once a complaint has been escalated to the IRO, approximately 78% of workers compensation complaints are closed within a week of receiving the complaint. What remains unclear is the level of satisfaction of injured workers in terms of successful resolution of case management disputes with insurers.
It is a shared understanding amongst IRO Approved Lawyers that there is a clear correlation between delays in determining liability for treatment and injured workers’ return to work. Delays in approving treatment, and the corresponding delays in returning to work, are contributing to the concerning financial position of the NSW workers compensation scheme, including the increasing number of claims, rapidly increasing claim liabilities, and declining rates of successful return to work.
If you, or someone you know, has been injured at work, we would be pleased to meet with you to discuss your rights and entitlements, free of charge. Please be advised that you should not be paying for legal services in relation to your workers compensation claims. The IRO provides grants of funding to IRO approved lawyers to provide legal advice and services to injured workers in NSW. Lachlan Apps and Tom Hunter-Leahy are both IRO Approved Lawyers.
Please contact our friendly team on (02) 4050 0330 to make an appointment with one of our expert personal injury solicitors.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.
