Part 2: Injury Management Consultants in NSW Workers Compensation Claims — Is Attendance at an IMC appointment Mandatory?
Published on March 20, 2026 by Sabrina Morell and Scott Dougall
In Part 1 of this series, we explained the role of an Injury Management Consultant (IMC) in the New South Wales workers compensation system — including when a referral may be made and what an IMC is permitted to do.
A separate and often more pressing question then arises: do you have to attend the appointment?
Many injured workers are told that failure to attend an IMC appointment will result in suspension of their weekly benefits. This can create understandable anxiety and pressure, particularly where income support is already critical.
In this second part, we examine whether attendance at an IMC appointment is legally mandatory and whether benefits can lawfully be suspended for declining to attend.
Can insurers compel attendance?
A common issue arises when insurers attempt to compel attendance.
Workers are often advised that if they do not attend an IMC appointment, their weekly benefits will be suspended under the following sections:
- Section 119(3) of the Workplace Injury Management and Workers Compensation Act 1998:
- If a worker refuses to submit themselves for medical examination, their right to recover compensation or receive ongoing compensation is suspended until the examination has taken place.
- Section 44(6) of the Workers Compensation Act 1987:
- If a worker refuses to attend or fails to properly participate in a work capacity assessment, the worker’s right to weekly payments is suspended until the assessment has taken place.
At first glance, these provisions may appear to give insurers broad power. However, the position is clarified by the SIRA Standards of Practice – Section 14, “Referral to an injury management consultant” which states that:
“An IMC does not provide an opinion on causation or liability; or undertake a functional capacity evaluation or work capacity assessment for the insurer (see Part 6 of the Workers compensation guidelines).
The insurer is to undertake a work capacity assessment in accordance with section 44A of the 1987 Act and Part 5 of the Workers compensation guidelines. The insurer may consider information from the IMC report for the purposes of conducting a work capacity assessment.
Consultation with an IMC is not an examination under section 119 of the 1998 Act (therefore, there is no impact on benefits or entitlements under this section if the worker elects not to participate).”
What does this mean?
This means that:
- There is no obligation for a worker to attend an IMC appointment.
- A worker’s benefits cannot be suspended under section 119(3) for not attending.
- An IMC cannot perform a work capacity assessment under section 44A and so benefits cannot be suspended under section 44(6) for not attending.
Each case is however fact-specific, and legal advice should be obtained before declining attendance.
How we assist injured workers
Insurers sometimes rely on incorrect interpretations of the legislation when arranging IMC appointments.
We regularly assist workers where insurers attempt to:
- Arrange IMC appointments unnecessarily or for an improper purpose.
- Compel attendance improperly.
- Suspend weekly benefits for refusal to attend.
If you have been referred to an IMC or are concerned about your rights, we can provide clear advice tailored to your circumstances.
This article was published on 20 March, 2026 by Carroll & O’Dea Lawyers and is based on the relevant state of the law (legislation, regulations and case law) at that date for the jurisdiction in which it is published. Please note this article does not constitute legal advice. If you ever need legal advice or want to discuss a legal problem, please contact us to see if we can help. You can reach us on 1800 059 278 or via the Contact us page on our website. (www.codea.com.au). If you or a loved one has been injured, use our Personal injury Claim Check now.
Disclosure and important note: This article is based on our own legal research and thinking. Some of its content has been drafted with the assistance of artificial intelligence. The authors have checked and approved this article, including the AI generated content, for publication.
