An independent review has found a set of WorkCover changes are much more favourable to businesses than their employees.

A report from the WorkCover Independent Review Office says the NSW workers’ compensation scheme changes passed in 2012 are biased, as they place more restrictions on using lawyers for workers than insurance companies.

The review said insurance companies are using lawyers but workers usually cannot, which makes the scheme unfair.

The law changes passed NSW Parliament in 2012, set up to cut down WorkCover’s $4 billion deficit.

WorkCover Independent Review Officer, Kim Garling, has told media outlets that workers are being prevented from accessing advice over their own health and medical state in relation to their work.

“They're restricted from getting legal advice about work capacity which is one of the main tests for eligibility for compensation,” he said.

“And that's unfortunate because there is no-one to turn to if they don't know about our office.”

The workers’ disadvantage is compounded by the fact that insurers do not have to tell them about their appeal rights.

NSW Finance Minister Andrew Constance has admitted it is an area that could be improved, saying that is why the WorkCover Independent Review Officer was set up.

“We don't have the luxury of Labor, who willy-nilly allowed the scheme to go to $4.1 billion. At that level, no-one gets supported if they're injured in the workplace. This is why we took strong action.”

“First and foremost that we expect better communication between those who are injured, the insurance companies and WorkCover,” he told the ABC.

“Overall the indications from the scheme are, given its implementation to date, is that we have a higher return to work rate - at 88 per cent that makes us number two in the country behind Western Australia.”

Shadow treasurer Michael Daley has a different view, saying; “The Government's own WorkCover independent review really says that the system in NSW is cruel and unfair.”

“Seriously injured people are being denied benefits by insurance companies, and the O'Farrell Government is standing by and letting this happen.

“Unfortunately the most disadvantaged people, like people with mental injuries or people with little or no injuries, are the ones who are treated the worst.

“Injured people under the workers compensation scheme are not allowed to get help from a lawyer but large multinational companies are employing panels of lawyers against them.

WorkCover says it is going to lengths to inform employees of their complete set of rights and options.