Injuries sustained at work or in accidents often lead to immediate, visible harm—broken bones, lacerations, or soft tissue damage. But for many people, the pain doesn’t end when the wound heals. A growing number of injured workers and accident victims in New South Wales suffer from chronic pain—a debilitating condition that can last months or years and severely impact quality of life.
So, the question is: can you still claim compensation if your primary symptom is ongoing pain rather than a clearly identifiable physical injury?
The answer is yes—but the process is more complex.
What Is Chronic Pain?
Chronic pain is defined as pain that persists for more than three months after the initial injury. It may stem from the original injury, or it may exist without a clear structural cause, as in Complex Regional Pain Syndrome (CRPS), fibromyalgia, or neuropathic pain.
According to NSW Health, chronic pain affects one in five Australians, including one in three people over the age of 65, and is the leading cause of long-term disability worldwide.
Can You Claim Compensation for Chronic Pain in NSW?
Yes. Compensation is available if your chronic pain stems from a compensable incident, such as:
- A workplace accident,
- A motor vehicle accident
- A fall or injury in a public place or private premises (public liability)
The key is proving that the pain is a direct result of the incident and has caused functional limitations, such as inability to work or carry out daily activities.
1. Workers Compensation Claims (Work-Related Chronic Pain)
If your chronic pain originates from a work related accident, you can claim compensation under the Workers Compensation Act 1987 (NSW), you may be eligible for:
- Weekly payments for lost income
- Medical and treatment expenses, including pain specialists and physiotherapy
- Lump sum compensation for permanent impairment (must meet impairment thresholds)
- Common law damages where employer negligence is involved
Chronic pain conditions, including CRPS and long-term musculoskeletal pain, are recognised under the system. However, they must be supported by medical evidence and an assessment of Whole Person Impairment (WPI). A minimum of 11% WPI is required to qualify for lump sum compensation.
2. Motor Vehicle Accident Claims (CTP Insurance)
If you’ve developed chronic pain after a car, motorcycle, or pedestrian accident, you may be entitled to compensation under the Motor Accident Injuries Act 2017 (NSW).
This includes:
- Statutory benefits for income and treatment expenses
- Common law damages for pain, suffering and economic loss (if another party was at fault)
- Additional lump sum benefits if you have 10% or more permanent impairment
Chronic pain must be diagnosed by a treating practitioner and linked to the accident. It’s important to submit a Personal Injury Benefits claim within 28 days of the accident to maximise entitlement.
3. Public Liability Claims (Slips, Falls and Accidents in Public/Private Premises)
If your chronic pain results from an accident in a public place (e.g. a shopping centre, car park or footpath) or on private property, you may be entitled to compensation under public liability law.
You’ll need to establish:
- That a third party (usually an occupier or property owner) owed you a duty of care
- That they breached that duty through negligence
- That their breach caused your injury and subsequent chronic pain
Under the Civil Liability Act 2002 (NSW), compensation can include:
- Medical expenses
- Lost income and future earning capacity
- Pain and suffering damages, where permanent impairment is proven
Again, evidence from pain specialists and consistent medical records are crucial to support your case.
Challenges with Chronic Pain Claims
Insurers often dispute chronic pain claims because the injury isn’t always visible on scans or X-rays. However, courts and tribunals have recognised chronic pain as a legitimate and compensable condition when supported by:
- Consistent medical documentation
- Functional assessments by pain specialists
- Expert reports that outline the impact on work and daily life
It’s critical to have experienced legal representation who can help compile persuasive medical evidence and guide your case through the Personal Injury Commission, where many disputes are resolved.
What Should You Do If You Suffer from Chronic Pain After an Injury?
- See your doctor regularly – Ensure your chronic pain is documented clearly in your medical records.
- Obtain a referral to a pain specialist – Medical opinions from relevant specialists carry greater weight.
- Keep records of treatment costs, time off work, and functional limitations.
- Contact a compensation lawyer – Especially if your claim is being delayed, disputed, or denied..
At LawAdvice, we understand how difficult these cases can be and have the experience needed to secure the benefits you’re entitled to. Contact our team today for a free consultation and start the path toward physical and financial recovery.