Can mining and resources workers claim workers compensation for psychological injury in NSW?

Yes. Mining and resources workers employed on NSW operations can claim workers compensation for psychological injury under the Workers Compensation Act 1987 (NSW), provided employment is the main contributing factor. For a primary psychological injury first notified to the employer on or after 1 July 2026, section 8O of the Act also requires that the injury was caused by a relevant event listed in section 8G, such as witnessing a traumatic incident on site, violence or a threat of violence, bullying, or excessive work demands, with a real and direct connection to your employment. Stress from fly-in fly-out (FIFO) arrangements and separation from family is not itself on that list. Coal miners are carved out of these changes, so the earlier version of the law continues to apply to them. Whether your claim is managed by icare or Comcare depends on who employs you and which jurisdiction regulates the mine site.

Does icare or Comcare cover mining workers in NSW for psychological injury?

It depends on your employer and the nature of the mining operation. Most NSW coal mines and metalliferous mines operate under state jurisdiction: workers employed by state-regulated mining companies are covered by icare (the NSW workers compensation insurer). Some mining workers are employed by companies that are regulated by the Commonwealth under the Work Health and Safety (Mines and Petroleum Sites) Act 2013 (NSW) or through corporate structures that trigger Comcare jurisdiction. If your mine site is a Commonwealth-regulated operation or your employer is licensed under Comcare, your claim goes to Comcare, not icare. If you are unsure which scheme applies, ask your employer's HR team or call icare on 13 44 22.

What is the section 11A exclusion and how does it affect mining workers?

Since 1 July 2026, section 11A of the Workers Compensation Act 1987 (NSW) provides that no compensation is payable for a psychological injury if the significant cause of the injury was reasonable management action taken or proposed to be taken by the employer, the worker's expectation of reasonable management action, or the worker's perception of reasonable management action. Reasonable management action is defined in section 8F as management action taken in a reasonable way and that is reasonable in all the circumstances. For mining workers this can arise in disputes over shift changes, roster modifications, performance management, or safety-related exclusions from site. SIRA notes the exclusion can now apply where reasonable management action was the significant cause of the injury, even if it was not the only or predominant cause. Section 11A is about management action, so it does not cover an injury whose significant cause was a traumatic incident such as witnessing a fatality, explosion, or serious accident. Coal miners are carved out of the 2026 changes, so the earlier version of section 11A continues to apply to them. If your claim is disputed on this basis, you have review rights through the Personal Injury Commission.

Are FIFO workers covered for psychological injury under NSW workers compensation?

FIFO (fly-in fly-out) workers may be covered for psychological injury under NSW workers compensation, but the jurisdictional question is more complex. If the mine site is in NSW and your employer is state-regulated, your claim goes through icare under NSW law. If you work on sites in other states (e.g. WA, QLD) but are employed by an entity based in NSW, the applicable jurisdiction depends on where the injury is deemed to have occurred and the employer's registration. In most cases, the first step is to notify your employer of the psychological injury regardless of where you are on your roster, and let the insurer determine jurisdiction. Delays in reporting can complicate claims. A workers compensation lawyer can advise if there is a genuine jurisdictional dispute.

How does telehealth psychology work for mining workers who are on remote sites or FIFO rosters?

Telehealth psychology is particularly suited to mining and resources workers because it eliminates the need to travel to a capital city or regional town during a roster cycle. Sessions are conducted via video call and attract the same SIRA gazetted rate as in-person sessions under workers compensation (PSY301/PSY302, both up to 60-minute telehealth sessions). For workers on FIFO rosters, telehealth allows you to continue psychology sessions while at home on days off without losing continuity of care. For workers in remote NSW locations, telehealth removes the geographic barrier that has historically made accessing specialist psychology difficult.

What are the psychological injury claim steps for a mining worker in NSW?

The process is: (1) Report the psychological injury to your employer or supervisor in writing as soon as you are aware of it, even if you are mid-roster. (2) See your GP, either at the mine site medical facility or locally. Tell the GP the injury is work-related and request a certificate of capacity. (3) Your GP may refer you to a psychologist. Ask for a referral to a SIRA-approved psychologist if your employer is covered by icare. (4) Your employer notifies their insurer (icare for most NSW mining operations). The insurer must make a provisional liability decision within 7 days. (5) Under provisional liability, the insurer funds reasonable treatment including psychology sessions from the start of the claim. (6) The psychologist submits an Allied Health Treatment Request (AHTR) for ongoing sessions. (7) You attend sessions at $0 cost for approved claims.

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Mining and Resources Worker Psychological Injury NSW: Workers Compensation Guide

Editorial Team, Workers Comp Psychologist Sydney Directory · updated June 2026 · not a clinical/legal service →

Industrial equipment in an open-cut mine site — Photo: Pexels / Kateryna Babaieva

Here's how it works: If you're on a NSW-regulated mining or resources operation, you can claim workers comp for psychological injury through icare. FIFO workers and those on Commonwealth-regulated sites usually fall under Comcare instead. Once your claim's approved, psychology sessions are fully funded with no out-of-pocket cost, and telehealth is available at the same rate, which works well for remote sites and FIFO rosters.

NSW workers comp psychology - sector guide cluster: Main guide (all workers) ↑ · Construction workers · Comcare guide · Cost (is it free?) · Work-related stress claims

Disclaimer: This is general information about the NSW workers compensation framework, not legal or medical advice, and rules can change. For your specific situation, contact icare (13 44 22), Comcare (1300 366 979), or a workers compensation lawyer.

Mining and resources workers face psychological injury risks that are distinct from most other industries: the combination of FIFO work patterns, isolation from family, exposure to traumatic incidents, and high-pressure production environments creates a specific profile of occupational psychological risk. Despite this, many mining workers are unsure whether they can claim workers compensation for psychological injury, which insurer applies to them, and how to access psychology remotely while on site.

Which Insurer Covers Mining Workers in NSW?

For most mining and resources workers on NSW-regulated operations, the insurer is icare (Insurance and Care NSW). However, the mining sector has an additional layer of complexity: some operations fall under Commonwealth jurisdiction, which means Comcare rather than icare applies.

icare vs Comcare for NSW mining workers (2026)
Worker type	Insurer	Key indicator
Employee of NSW state-regulated mining company (coal, metalliferous)	icare (NSW)	Employer registered with icare; NSW Work Health and Safety Act applies
Employee of a corporation regulated under Comcare's jurisdiction	Comcare (Federal)	Employer holds a Comcare licence; Safety, Rehabilitation and Compensation Act 1988 (Cth) applies
Contractor engaged directly by a state-regulated mining company	Generally icare (if deemed worker under NSW law)	Depends on engagement structure; some contractors are deemed workers
FIFO worker on interstate sites (WA, QLD mines)	Depends on state; not NSW icare	Injury location and employer registration determine jurisdiction

If you are uncertain which scheme applies, contact icare on 13 44 22 or Comcare on 1300 366 979. For Comcare-regulated mining claims, see our Comcare guide.

Common Causes of Psychological Injury in Mining and Resources

Safe Work Australia data consistently shows the mining industry has elevated rates of serious psychological injury claims relative to total employment. Common causes documented in the mining sector include:

FIFO-related strain: Extended time away from family and community, social isolation on camp sites, disrupted sleep, and difficulty maintaining relationships. Research consistently associates long FIFO roster patterns with elevated psychological injury risk. FIFO strain is not itself a relevant event under section 8G, which matters for claims first notified on or after 1 July 2026 (see below).
Traumatic incident exposure: Witnessing or being involved in fatal accidents, explosions, cave-ins, or equipment failures. Traumatic incident PTSD is not excluded by section 11A (see below).
Cumulative stress: Production pressure, shift complexity, high consequence environments, and fatigue management obligations that create chronic stress over time.
Workplace bullying and harassment: High-pressure site cultures and hierarchical structures that can facilitate bullying, particularly for newer workers or workers raising safety concerns.
Return-to-work barriers: Psychological injury can be harder to accommodate on a mine site than a physical injury. Disputes about capacity and suitable duties can compound the initial injury.

The Section 11A Exclusion for Mining Workers

Since 1 July 2026, section 11A of the Workers Compensation Act 1987 (NSW) provides that no compensation is payable for a psychological injury if the significant cause of the injury was reasonable management action taken or proposed to be taken by the employer, the worker's expectation of reasonable management action, or the worker's perception of reasonable management action. This exclusion is commonly raised in mining when workers claim after:

Roster changes or reductions in shifts
Performance management or dismissal processes
Demotion or removal from a high-paid position
Safety-related exclusions from site following an incident

Reasonable management action is defined in section 8F as management action taken in a reasonable way and that is reasonable in all the circumstances. SIRA notes the exclusion can now apply where reasonable management action was the significant cause of the injury, even if it was not the only or predominant cause. Section 11A does not apply where the significant cause of the injury was something other than reasonable management action, such as a traumatic incident (explosion, fatal accident, cave-in, assault) or management action that was not reasonable.

For a primary psychological injury (one that is not secondary to a physical injury), section 8O also requires that a relevant event or series of relevant events caused the injury, that there is a real and direct connection between those events and the worker's employment, and that employment is the main contributing factor to the injury. Relevant events are listed in section 8G and include violence or a threat of violence, bullying, sexual or racial harassment, excessive work demands, witnessing a traumatic incident, and vicarious trauma. These rules apply to injuries first notified to the employer on or after 1 July 2026. For an injury the employer was notified of before that date, the earlier version of the law continues to apply.

Coal miners are carved out: under Schedule 6, Part 19R, clause 6 of the Act, the amendments made by the Workers Compensation Legislation Amendment Act 2025 do not apply to, or in relation to an injury received by, a coal miner, other than a listed set of amendments that does not include the psychological injury changes. For coal miners, the earlier version of the law continues to apply.

If your claim is denied under section 11A, you can challenge this through the Personal Injury Commission of NSW. A workers compensation lawyer can advise whether section 11A applies to your specific circumstances.

How Telehealth Psychology Works for Mining Workers

Telehealth psychology has particular advantages for mining and resources workers:

Remote site access: Workers on remote NSW mine sites can attend psychology sessions via video call with a reliable internet connection, without needing to travel to the nearest town. Many camp facilities have adequate connectivity for telehealth.
FIFO roster continuity: Maintaining a consistent therapeutic relationship is important for psychological recovery. Telehealth allows you to continue sessions with the same psychologist whether you are on site or at home on days off, eliminating the disruption that in-person appointments create for FIFO schedules.
Same funding rate: Telehealth psychology sessions attract the same SIRA gazetted rate as in-person sessions. See how SIRA telehealth billing works.
Privacy on camp: Attending a psychology session via telehealth on a camp site is more private than attending a site medical facility, which may reduce stigma barriers to seeking help.

Claim Steps for Mining Workers

Report the injury in writing to your employer or supervisor as soon as you are aware of it - even mid-roster; a date-stamped written record protects your claim. First confirm whether your employer is covered by icare or Comcare (call icare on 13 44 22 if unsure, as the claim form and process differ). See a GP - the site medical officer or your regular GP on days off - for a Certificate of Capacity and referral to a SIRA-approved psychologist. Under provisional liability, treatment is funded from the start at no cost to you. For the complete pathway, see the NSW workers compensation psychology guide.

Important: For Comcare-regulated mining workers, the claim process uses different forms and terminology. The insurer is Comcare (contact: 1300 366 979), and the funding framework follows the Safety, Rehabilitation and Compensation Act 1988 (Cth) rather than the NSW Workers Compensation Act. See our Comcare psychology guide for the federal pathway.

Crisis Contacts for Mining Workers

If you are in crisis or need immediate support:

Lifeline: 13 11 14 (24 hours)
Beyond Blue: 1300 22 4636
13YARN (First Nations crisis support): 13 92 76
Mates in Mining: mining.mates.org.au (suicide prevention for the mining community)

This directory is not a crisis service. If you are in immediate danger, call 000.

Find a Psychologist for Workers Comp

Use our directory to find psychologists, with SIRA-provider status noted, offering telehealth sessions for workers compensation claims. Telehealth means you can access psychology regardless of your location or roster pattern.

Browse the SIRA psychologist directory →

Common Questions

Can mining workers claim for PTSD from a fatal accident at work?

Yes. PTSD resulting from witnessing a fatal accident, explosion, or traumatic incident at work is generally a compensable psychological injury under NSW workers compensation. Traumatic incident PTSD is not typically excluded by section 11A, because section 11A applies to management action, not to traumatic incident exposure. Witnessing a traumatic incident is a relevant event under section 8G, and section 8J defines a traumatic incident to include an act of violence, a natural disaster, fire or explosion, or a motor or other accident that results in, or is likely to result in, the death of, or serious injury to, a person. For a claim first notified on or after 1 July 2026, there must also be a real and direct connection between the incident and your employment, and employment must be the main contributing factor to the injury.

What if I am a contractor rather than an employee at a mine site?

Coverage depends on your engagement structure. Some contractors are deemed workers under the Workers Compensation Act 1987 (NSW) if they are primarily engaged by one principal contractor and do not run a genuinely independent business. If you are self-employed or run a company structure, you may not be automatically covered and would need to have taken out your own workers compensation policy. If you are on a labour hire arrangement, the labour hire company is typically the employer for workers compensation purposes. Confirm your status with your employer or call icare on 13 44 22.

Can I see a psychologist while I am still on approved workers comp leave?

Yes, and this is the normal pathway. Once your claim is under provisional liability or fully accepted, the insurer funds psychology sessions as part of your treatment plan. You do not need to have returned to work before starting psychology. Treatment while on approved leave is standard and the cost is covered by the insurer at the SIRA gazetted rate.

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