Work Injury Claims in Australia
Expert guidance to help you navigate workplace injury compensation and secure the benefits you deserve.
All Australian states covered
Work Injury Claims
Understanding Work Injury Claims
Your guide to workplace injury compensation in Australia
Work injury compensation (also known as Workers’ Compensation) provides financial support if you’re injured at work or become ill due to your work. In Australia, this system is designed to:
Cover medical expenses and rehabilitation costs
Replace lost income while you’re unable to work
Provide lump sum payments for permanent impairment
Each Australian state and territory has its own Workers’ Compensation scheme with different rules and benefits, but all are designed to protect workers and help them recover and return to work when possible.
Types of workplace injuries covered
Physical injuries
Fractures, sprains, cuts, burns, and musculoskeletal injuries
Psychological injuries
Work-related stress, anxiety, depression, and PTSD
Occupational diseases
Asbestosis, industrial deafness, skin conditions, respiratory illnesses
Repetitive strain injuries
Carpal tunnel syndrome, tendonitis, bursitis
Journey injuries
Injuries while traveling for work purposes (varies by state)
Workers’ Compensation Schemes Across Australia
State-Based Schemes
NSW: icare (Insurance & Care NSW)
VIC: WorkSafe Victoria
QLD: WorkCover Queensland
WA: WorkCover WA
More State Schemes
SA: ReturnToWorkSA
TAS: WorkSafe Tasmania
NT: NT WorkSafe
ACT: WorkSafe ACT
There’s also Comcare, which covers Commonwealth Government employees and some private corporations.
Eligibility Requirements
Understanding if you qualify for a work injury claim in Australia
Basic Eligibility Criteria
Worker status: You must be considered a worker (including most contractors and casual employees)
Work-related injury: Your injury or illness must have arisen out of or in the course of employment
Timely notification: You must report your injury to your employer within the required timeframe (varies by state)
Medical evidence: You need medical certification of your injury or illness
Claim lodgment: You must lodge a claim within the statutory time limit (typically 6 months to 3 years)
Special Considerations
Psychological injuries: Generally require proof that work was a significant contributing factor, and not caused by reasonable management action
Pre-existing conditions: May be covered if work significantly aggravated or accelerated the condition
Journey injuries: Coverage for injuries while traveling to/from work varies significantly between states
Self-employed workers: May need to have their own workers’ compensation insurance to be covered
State-Specific Eligibility Variations
New South Wales (NSW)
Notify employer within 30 days
Lodge claim within 6 months
Journey claims limited to real and substantial connection to employment
Victoria (VIC)
Notify employer as soon as possible
Lodge claim within 30 days of becoming aware
No coverage for journey to and from work
Queensland (QLD)
Lodge claim within 6 months
Journey claims generally covered
No-fault system with statutory benefits
Western Australia (WA)
Report to employer as soon as practicable
Lodge claim within 12 months
No coverage for journey to and from work
Not sure if you’re eligible?
Workers’ compensation laws are complex and vary across Australia. Our expert team can assess your specific situation and help determine if you qualify for a claim in your state or territory.
The Work Injury Claims Process
How we help you navigate the Australian workers’ compensation system.
1
Report the Injury
Notify your employer of your injury as soon as possible. We’ll help ensure this is done properly and within the required timeframe for your state.
Important: Reporting deadlines vary from immediately to 30 days depending on your state
2
Seek Medical Treatment
Visit a doctor to get proper medical assessment and certification of your injury. We’ll help you obtain the right medical documentation to support your claim.
Key document: Certificate of Capacity/Fitness for Work (varies by state)
3
Lodge the Claim
We’ll help you complete and submit the appropriate workers’ compensation claim form for your state, ensuring all details are accurate and comprehensive.
Australian timeline: Claims should be lodged within 6 months in most states (some allow up to 3 years)
4
Claim Assessment
The insurer will assess your claim and make a decision. We’ll represent your interests throughout this process and respond to any requests for additional information.
Australian timeline: Insurers typically have 10-28 days to make an initial decision (varies by state)
5
Receive Benefits & Treatment
If your claim is accepted, you’ll receive weekly payments and medical treatment. We’ll ensure you receive all the benefits you’re entitled to under your state’s scheme.
Benefit period: Varies by state, from 2-5 years for weekly payments, with medical benefits often continuing longer
6
Dispute Resolution & Lump Sum Claims
If your claim is disputed or you’re entitled to lump sum compensation for permanent impairment, we’ll guide you through these more complex processes.
Additional claims: Permanent impairment benefits, work injury damages (in some cases)
Common Pitfalls to Avoid
Delayed reporting
Missing statutory deadlines can jeopardize your claim
Inadequate medical evidence
Failing to get proper medical documentation
Social media activity
Posts that contradict your claimed injuries
Not following medical advice
Can lead to reduction or cessation of benefits
Benefits Available
Understanding the compensation and support you may be entitled to
Income Replacement
Weekly payments while you’re unable to work
Typically 80-95% of pre-injury earnings (varies by state)
Duration depends on injury severity and state laws
Payment periods range from 2-5 years for most injuries, with some states providing support until retirement for severe injuries
Medical Benefits
Coverage for reasonable medical expenses
Hospital and surgical costs
Rehabilitation and therapeutic services
Medications and medical aids
Medical benefits may continue even after weekly payments cease, often for 1-2 years after weekly benefits end
Lump Sum Payments
Permanent impairment compensation
Based on whole person impairment (WPI) percentage
Potential common law damages (in some cases)
Lump sum amounts vary significantly based on injury severity, state legislation, and whether negligence can be proven
Return to Work Support
Vocational rehabilitation services
Workplace modifications
Retraining and education assistance
Graduated return to work programs
Additional Benefits
Travel expenses for medical appointments
Home and vehicle modifications (if required)
Domestic assistance
Death benefits and funeral expenses (for fatal claims)
Beyond Workers’ Compensation
In some cases, you may be entitled to additional compensation beyond the workers’ compensation scheme. This could include common law damages for negligence, TPD claims through your superannuation, or other statutory benefits.
Learn about TPD claims
Success Stories
Real outcomes we’ve achieved for Australian workers
James from Newcastle, NSW
Mining industry worker with back injury
“After sustaining a serious back injury at a mining site, my employer’s insurer initially disputed my claim. The team fought for me through the Workers Compensation Commission and secured full benefits plus a significant lump sum for permanent impairment.”
Claim duration: 14 months
$245,000 settlement
Rebecca from Brisbane, QLD
Healthcare worker with psychological injury
“After developing severe anxiety and PTSD from workplace bullying, my claim was initially rejected as “reasonable management action.” The team gathered extensive evidence and successfully appealed, securing my weekly payments and treatment costs.”
Claim duration: 10 months
$180,000 in benefits
Anthony from Melbourne, VIC
Construction worker with shoulder injury
“A falling object at my construction site caused a severe shoulder injury requiring surgery. WorkSafe initially accepted my claim but tried to terminate my benefits after 6 months. The team helped me fight this decision and secure ongoing support.”
Claim duration: 18 months
$195,000 total
Samantha from Perth, WA
Office worker with repetitive strain injury
“Years of computer work led to severe carpal tunnel syndrome in both wrists. My employer’s insurer claimed it wasn’t work-related. The team gathered expert medical evidence proving the connection to my duties, winning my claim and surgery costs.”
Claim duration: 8 months
$85,000 plus medical
These are just a few examples of the thousands of Australian workers we’ve helped secure compensation. Every case is different, and results may vary depending on individual circumstances and state legislation.
Discuss Your Claim
How We Can Help
Our comprehensive approach to workplace injury claims
Claims Management
Complete handling of paperwork and documentation
Lodgment of claims within statutory timeframes
Coordination with medical providers for supporting evidence
Regular communication with insurers and employers
Legal Advocacy
Representation at conciliation and mediation
Appeals against rejected or terminated claims
Dispute resolution with insurers and employers
Representation at tribunals and commissions
Maximizing Compensation
Assessment of permanent impairment entitlements
Pursuit of lump sum compensation claims
Identification of potential common law damages
Negotiation for optimal settlement outcomes
Holistic Support
Coordination with rehabilitation providers
Assistance with return to work planning
Referrals to medical and allied health specialists
Support with additional claims (TPD, income protection)
Our No Win, No Fee Guarantee
We understand that injured workers often face financial stress. That’s why we offer a No Win, No Fee arrangement for workplace injury claims. You’ll only pay legal fees if we successfully secure compensation for you.
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Contact Information
Address
Level 1, 66 Marine Parade, Stradbroke Plaza, Southport Qld 4215
Hotline
Business Hours
Monday – Friday: 9:00 AM – 5:00 PM
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Frequently Asked Questions
Common questions about workplace injury claims in Australia
How long do I have to report a workplace injury?
Reporting timeframes vary by state in Australia. Generally, you should report your injury to your employer as soon as possible. Formal notification requirements range from immediately (in some states) to 30 days after becoming aware of your injury. For lodging a workers’ compensation claim, time limits typically range from 6 months to 3 years, depending on your state or territory. Failing to report within these timeframes can jeopardize your claim, so it’s crucial to act promptly.
What benefits am I entitled to if my claim is accepted?
If your workers’ compensation claim is accepted in Australia, you’re typically entitled to: (1) Weekly payments to replace lost income (usually 80-95% of your pre-injury earnings, subject to caps); (2) Medical, hospital and rehabilitation expenses; (3) Travel expenses for medical appointments; (4) Lump sum compensation for permanent impairment (if applicable); and in some cases (5) Common law damages if negligence can be proven. Benefit structures, payment periods, and maximum amounts vary significantly between states and territories.
Can I choose my own doctor for a work injury?
In most Australian states and territories, you can choose your own treating doctor for a work injury. This is typically your regular GP. However, the workers’ compensation insurer may request that you attend independent medical examinations with their nominated doctors to assess your condition. In some states, such as South Australia, there may be restrictions on changing your nominated treating doctor. It’s important to maintain consistent medical treatment and follow your doctor’s recommendations throughout your claim.
What if my workers' compensation claim is rejected?
If your workers’ compensation claim is rejected in Australia, you have the right to dispute the decision. The dispute resolution process varies by state but typically involves: (1) Requesting a review from the insurer; (2) Lodging a formal dispute with the relevant state authority (e.g., Workers Compensation Commission in NSW, WorkCover WA in Western Australia); (3) Attending conciliation or mediation; and if necessary (4) Proceeding to a formal hearing or tribunal. Time limits apply for disputing decisions, so it’s important to seek legal advice promptly after receiving a rejection.
Can I be fired for making a workers' compensation claim?
No, it is illegal for an employer to terminate your employment because you have made a workers’ compensation claim. Australian law provides protection against this type of discrimination. Most states have specific provisions requiring employers to hold your position for a certain period (typically 6-12 months) and to provide suitable duties during your recovery when possible. If you believe you’ve been dismissed because of your workers’ compensation claim, you may have additional legal rights under unfair dismissal or general protections provisions of the Fair Work Act.
How is workers' compensation different from TPD claims?
Workers’ compensation and TPD (Total and Permanent Disability) claims are different but can sometimes be pursued simultaneously. Workers’ compensation is a state-based statutory scheme specifically for work-related injuries or illnesses, providing weekly payments, medical expenses, and potentially lump sums for permanent impairment. TPD claims are made through your superannuation fund or private insurance policy and aren’t limited to work-related conditions. TPD typically provides a one-time lump sum payment if you’re unable to work in your own occupation or any occupation, regardless of how the disability occurred. Learn more about TPD claims here.