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Workers Compensation

Hurt at work, or unwell because of your job? You may be entitled to have your medical costs paid, your lost wages topped up, and — in some cases — a lump sum on top. The catch: workers compensation is run state by state, and the time you have to report it and lodge a claim varies. Call the free hotline now to find out what you can claim and how long you've got.

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Report your injury to your employer straight away, and don't sit on the claim. Time limits to lodge are strict and differ by state — broadly six months in NSW, Victoria, Queensland and South Australia (Victoria also wants written notice within 30 days), and 12 months in Western Australia, while Comcare expects a claim "as soon as reasonably practicable". Federal employees and some others fall under different rules again. A delay can sink an otherwise good claim, so the safest move is to get advice today.

Workers Compensation at a glance

Who can claim

Workers injured at work — or made ill by their work — including many casuals. The scheme that covers you depends on your state, territory, or whether you're a federal employee

What you can claim

Medical and rehabilitation costs, weekly payments for lost wages, and in many cases a lump sum for permanent impairment

Time limits

Vary by state — broadly six months to lodge in NSW, VIC, QLD and SA, and 12 months in WA. Report to your employer immediately

Statutory vs common law

Standard benefits are "no-fault" — you don't have to prove blame. A separate common-law claim may be possible where your employer was negligent

It depends on your state

NSW (SIRA / icare), VIC (WorkSafe), QLD (WorkCover Qld), SA (ReturnToWork), WA (WorkCover WA), plus Tas, ACT, NT and the federal Comcare scheme — each with its own rules

Do casuals count

Usually yes. Casual and part-time workers can claim workers compensation, not just full-time permanent staff

How urgent

Urgent. Late reporting and missed lodgement deadlines are the most common reasons good claims fail

What workers compensation actually covers

Workers compensation is a safety net for people who are injured at work or who become ill because of their job. It's designed to cover you whether the injury happened in one moment — a fall, a machinery accident, a car crash while driving for work — or built up over time, like a back injury from years of lifting or a psychological injury from a toxic workplace. Illnesses and diseases caused or worsened by work are covered too.

In most cases it's a "no-fault" system. That means you don't have to prove your employer did anything wrong to get the basic benefits — you generally just have to show your injury or illness is work-related. Depending on your scheme and how serious things are, the benefits can include your reasonable medical and hospital bills, rehabilitation, weekly payments to replace wages while you can't work, and a lump sum if you're left with a permanent impairment.

The important thing to understand is that there is no single national scheme. What you're entitled to, who you claim against, and how long you have to do it all depend on where you work — and that's exactly the kind of thing a quick, free call can sort out for you. Talk it through with a lawyer now →

Your state decides the rules

This is the part that trips people up. Each state and territory runs its own workers compensation scheme, with its own regulator, its own deadlines and its own entitlements. There's also a separate federal scheme, Comcare, for Commonwealth public servants and employees of certain national companies.

In broad terms: New South Wales is overseen by the State Insurance Regulatory Authority (SIRA), with icare running the main insurer; Victoria's scheme is run by WorkSafe Victoria (often still called WorkCover); Queensland has WorkCover Queensland; South Australia has ReturnToWork SA; and Western Australia has WorkCover WA. Tasmania, the ACT and the Northern Territory each have their own arrangements as well.

Because the schemes differ — on time limits, on how casuals are treated, on what counts as a compensable injury, and on the size and shape of any lump sum — the same injury can play out very differently depending on the state. Don't assume what a friend got in one state is what you'll get in another. Tell us where you work and we'll point you to the right scheme. Talk it through with a lawyer now →

The deadlines — and why they bite

There are really two clocks running. The first is reporting your injury to your employer: every scheme expects you to do this as soon as possible, and some put a firm time on it. The second is lodging your formal claim, and that's where the strict deadlines live.

As a rough guide, the deadline to lodge a claim is around six months from the injury in New South Wales, Victoria, Queensland and South Australia, while Western Australia allows up to 12 months. Victoria also requires written notice of the injury within 30 days. The federal Comcare scheme expects a claim "as soon as reasonably practicable" rather than a fixed cut-off. For injuries that develop gradually, the clock often starts when you first realise the injury is work-related, not the day it began.

These are general figures, not legal advice for your situation — extensions are sometimes possible, but they're never guaranteed, and a long delay can give an insurer grounds to fight your claim. If you've been hurt, the single best thing you can do is report it now and get advice before any deadline slips. Talk it through with a lawyer now →

What you can actually receive

Most claims start with the basics: payment of your reasonable medical, hospital, ambulance and rehabilitation expenses, and weekly payments to make up some of the income you lose while you can't work or can only work reduced hours. The percentage of your wages that's covered, and for how long, varies between schemes and usually steps down over time.

If your injury leaves you with a lasting impairment — physical or psychological — you may also be entitled to a one-off lump sum for permanent impairment, once your condition has stabilised enough to be assessed. Most schemes require you to reach a minimum level of impairment before that lump sum is available, and that threshold differs from state to state.

Working out the full picture of what you're owed — and making sure nothing is left on the table — is genuinely hard to do on your own. A short call can give you a realistic sense of what your claim involves before you commit to anything. Talk it through with a lawyer now →

Statutory benefits vs a common-law claim

There's an important distinction worth understanding. The standard workers compensation benefits above are "statutory" and no-fault — you get them because you were injured at work, regardless of who was to blame.

A common-law claim is different. Where your employer's negligence caused or contributed to your injury — an unsafe system of work, faulty equipment, inadequate training — you may be able to bring a separate claim for damages on top of, or instead of, the statutory benefits. These claims can cover things the no-fault scheme doesn't, such as pain and suffering and future loss of income, but they usually require you to prove fault and to meet an impairment threshold, and the rules vary sharply by state.

Whether a common-law claim is open to you, and whether it's worth pursuing, is one of the most valuable things to find out early. It can be the difference between a modest payout and a far larger one. Talk it through with a lawyer now →

Mistakes that wreck good claims

• Not reporting the injury to your employer straight away — gaps and delays give insurers something to attack.
• Missing the lodgement deadline for your state, or assuming you've got longer than you actually have.
• Assuming you can't claim because you're casual, part-time, or "only" have a gradual or psychological injury — in most schemes you can.
• Toughing it out and downplaying the injury to a doctor, then struggling to prove how serious it really is later.
• Accepting an early lump-sum offer without knowing whether a common-law claim — potentially worth far more — is also open to you. Talk it through with a lawyer now →

How Legal Hotline helps — right now

Being injured and out of work is stressful enough without having to decode which state scheme applies, what you're entitled to, and how long you've got. Legal Hotline is a free service you can call any time, day or night. In one call we'll help you work out which scheme covers you, what you can likely claim, and whether you're still in time.

If you need a lawyer, we'll connect you with an experienced workers compensation lawyer who can act for you — anywhere in Australia, usually within the hour. There's no cost to call and no obligation. If you've been hurt at work and aren't sure what to do next, the smartest first step is simply to pick up the phone. Talk it through with a lawyer now →

How a workers compensation claim works, step by step

Report the injury to your employerTell your employer or supervisor as soon as you can and make sure it's recorded in writing — in the incident register or by email. Early, documented reporting protects your claim.

See a doctor and get a certificateGet medical treatment and ask your doctor for a workers compensation certificate of capacity. It confirms your injury is work-related and what you can and can't do at work.

Lodge your claimSubmit your claim through your employer or the relevant insurer for your state — within the time limit that applies to you. A lawyer can make sure the paperwork is right and on time.

The insurer decides liabilityThe insurer reviews the claim and accepts or disputes it, usually within a set number of days. If accepted, your medical costs and weekly payments start; if disputed, you can challenge the decision.

Recovery, review and any lump sumAs you recover, your weekly payments and treatment are reviewed. If you're left with a permanent impairment — or your employer was negligent — you may be able to pursue a lump sum or a common-law claim.

Workers Compensation — your questions answered

How long do I have to make a workers compensation claim?

It depends on your state. As a rough guide it's around six months to lodge in New South Wales, Victoria, Queensland and South Australia, and up to 12 months in Western Australia, while the federal Comcare scheme expects a claim as soon as reasonably practicable. Victoria also wants written notice within 30 days. Report your injury to your employer immediately and call us to confirm the exact deadline for your situation.

Can I claim if I was partly at fault for the injury?

Usually yes. Standard workers compensation is a no-fault system — you generally don't have to prove anyone was to blame, including yourself, to receive medical costs and weekly payments. Fault becomes relevant mainly if you also want to bring a separate common-law claim. There are limited exceptions, so it's worth a quick check.

I'm a casual — am I covered?

In most cases, yes. Casual and part-time workers can claim workers compensation, not just permanent full-time staff. Don't rule yourself out because of how you're employed — call and we'll tell you where you stand.

What can I actually get paid for?

Typically your reasonable medical, hospital and rehabilitation costs, plus weekly payments to replace some of your lost wages while you can't work. If you're left with a permanent impairment, you may also be entitled to a lump sum. The exact entitlements and amounts vary by state and by how serious the injury is.

What's the difference between workers comp and a common-law claim?

Standard workers compensation is no-fault — you get it because you were injured at work, regardless of blame. A common-law claim is separate: where your employer's negligence caused your injury, you may be able to claim additional damages, including for pain, suffering and future loss of income. It usually requires proving fault and meeting an impairment threshold, and the rules differ by state.

My injury built up over time — can I still claim?

Often, yes. Gradual injuries like back strain from years of heavy lifting, repetitive strain, and work-related illnesses or diseases can all be claimable. For these, the time limit usually starts when you first realise the injury is connected to your work, rather than when it began. Psychological injuries caused by work may also be covered.

Is calling Legal Hotline really free?

Yes. The information line is free and open 24 hours a day, 7 days a week. Call any time to understand which scheme covers you and what you can claim — no cost, no obligation.