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I am an employer based interstate with workers in NSW. Is a NSW workers compensation policy required?
Yes.
Any worker who is injured at work or suffers a work-related illness while working in NSW is entitled to make a claim under the Workers Compensation Act 1987. An employer who has workers present in NSW who are injured, is potentially exposed to liability under the workers compensation legislation in NSW, even if that employer is based interstate.
Therefore, any employer who employs workers who carry out work in NSW has an obligation to insure those workers under the Workers Compensation Act 1987.
Note: WorkCover has a reciprocal agreement in place with WorkCover Victoria which simplifies the above requirements in respect of workers who work in both NSW and Victoria. Employers should consult their insurer about this agreement, if relevant.