Sleep Apnoea and Shift Work – what NSW workers need to know
Published on September 10, 2025 by Jacqueline Pearce and Scott Dougall
Sleep apnoea is often dismissed as a personal health issue, however for many Australians shift workers it may be an occupational disease — caused or aggravated by years of disrupted sleep patterns.
Many workers suffering from sleep apnoea are not currently accessing the medical support and compensation entitlements potentially available under the NSW workers compensation legislation.
This article outlines how sleep apnoea is linked to shift work, the process of making a claim and what evidence is needed to establish sleep apnoea is work related.
Understanding Sleep Apnoea
Obstructive sleep apnoea (OSA) occurs when the airway repeatedly closes during sleep, causing breathing to stop and start. This results in:
- Daytime fatigue and poor concentration
- Memory problems and irritability
- Increased risk of heart disease, high blood pressure, and depression
For shift workers — especially those on rotating rosters, night shifts, or extended hours — the risk is significantly higher due to disruption of the body’s natural circadian rhythm.
How Work Can Cause or Worsen Sleep Apnoea
Long-term shift work can:
- Prevent deep, restorative sleep
- Increase inflammation and weight gain — both linked to OSA and to chronic fatigue and mental health issues
Even if a worker had mild or undiagnosed pre-existing sleep apnoea condition, it is still arguable that shift work could aggravate this condition, thereby making it compensable.
NSW Workers Compensation Law and Sleep Apnoea
Sleep apnoea can be compensated under NSW workers compensation law if it can be established that;
- Employment has caused the condition; or
- Employment has been the main contributing factor to the aggravation, exacerbation, deterioration or acceleration of an existing sleep apnoea condition
If this is established, an injured worker may be entitled to benefits under the legislation including;
- Weekly payments for periods of incapacity
- The costs of reasonably necessary medical treatment (including a cpap machine)
- Compensation for permanent impairment
Evidence to Support a Claim
The success of a claim will largely turn on the nature and quality of evidence. Some helpful evidence may include;
- Documented occupational history and work patterns – Document in detail the nature and extent of shift work over the years. This may include a consideration of evidence relating to night shifts, rotating rosters, limited rest periods.
- Encouraging early medical diagnosis – Consult a GP and refer to the nature of your work rostering and impact on your sleep patterns. Your GP must provide a Workcover medical certificate (certificate of capacity) supporting a connection between your employment and sleep apnoea. In due course a sleep studies (polysomnography) will be required.
- Obtaining specialist evidence – respiratory/sleep physicians will often consider a link between employment and sleep apnoea
The Claims Process
This is very simple. An injured worker simply obtains a Workcover medical certificate (certificate of capacity) from their GP and lodges this with their employer. Within 7 days they should receive a response from the insurer.
Alternatively, they may seek legal advice prior to starting this process to ensure they follow the correct process.
If there are any delays in the processing of the claim or the claim is disputed by the insurer it may be appropriate to seek legal advice.
Stigma Associated with Sleep Apnoea
Workers are often reluctant to lodge a claim for sleep apnoea due to:
- A lack of awareness that it can be a compensable condition
- Fear of being labelled lazy
- Concern about job security
Why This Matters
If left unmanaged, sleep apnoea can:
- Increase the risk of serious accidents at work
- Lead to disciplinary action against fatigued workers
- Force workers out of employment prematurely due to health decline
- Early treatment and recognition improve safety for everyone
Bottom Line
Sleep apnoea is not just a personal problem — it’s a workplace health and safety issue.
With the right knowledge, workers experiencing shift work-related sleep apnoea can get the medical care, support, and compensation they deserve.
If you have a query or concern in relation to sleep apnoea, please contact your union for referral for legal support.
This article was published on 10 September 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. If you or a loved one have been injured, use our Personal Injury Claim Check now.
