Slip, Trip and Fall Claims in Australia

Which claim applies to a fall?

The place and the reason you were there decide the pathway:

Workers compensation pays treatment and weekly payments without proving fault, and the claim deadlines are short, usually 6 months. A public liability claim needs proof of negligence but can recover a lump sum for the full loss.

What you have to prove

A hazard and an injury are not enough. You must show that the occupier knew or should have known about the hazard, that a reasonable occupier would have removed it or warned you, and that the failure caused your fall. Typical hazards are spilled liquids, wet floors without signs, uneven paving, poor lighting, loose mats, unmarked steps and obstacles in walkways.

The occupier’s defence usually has three parts: a reasonable system of inspection was in place, the risk was obvious, and you contributed by not looking or by wearing unsuitable footwear. Contributory negligence reduces damages by a percentage; it rarely defeats a claim outright.

Evidence to collect on the day

1. Photographs of the hazard, the surrounding area, any signs (or their absence) and your shoes.
2. A report to the manager, occupier or council with a reference number, before you leave if you can.
3. Witnesses: names and numbers of anyone who saw the fall or the hazard.
4. CCTV: ask whether cameras cover the area. Footage is often overwritten within weeks, so a lawyer can send a preservation request quickly.
5. Medical care the same day where possible, describing exactly how the fall happened.
6. A diary of symptoms, appointments, time off work and help at home.

Do not put yourself at risk to collect evidence, and do not sign anything from an insurer without advice.

Thresholds and time limits

Damages for negligence are limited by each state’s civil liability legislation, and the limits bite hardest on minor injuries. In New South Wales no damages for non-economic loss are awarded unless the severity is at least 15% of a most extreme case (Civil Liability Act 2002 s 16). In Victoria a claimant needs a significant injury: more than 5% whole person impairment for most physical injuries, 5% or more for spinal injuries and 10% or more for psychiatric injury (Justice Victoria). Queensland scores general damages on an injury scale value from 0 to 100 (Civil Liability Act 2003). Treatment costs and lost income are assessed separately and are not subject to those thresholds.

A fall at work follows the workers compensation deadlines instead, usually 6 months from the injury.

Falls at work

Falls are among the most common workplace injuries, and the claim starts with your employer, not the occupier. Report the fall the same day, get a certificate of capacity and lodge the claim form within your state’s deadline: 6 months in New South Wales (WIM Act 1998 s 261), Tasmania and the Northern Territory, 6 months from first seeing a doctor in Queensland, and a report within 30 days in Victoria. If a third party controlled the site, for example a shopping centre where you were working for a contractor, a negligence claim against that party may run alongside. The workplace injury guide has the full state table.

What a fall claim can be worth

A fractured wrist that heals in eight weeks and a hip fracture that ends a career sit at opposite ends of the range. The heads of damage are the same: treatment, lost income and earning capacity, care and assistance, and, above the threshold, non-economic loss. The compensation calculator shows an indicative range from published scales and the scheme and deadline that appear to apply, and the damages guide explains how each head is assessed. No range is a promise; the evidence and the state’s rules decide.

Frequently asked questions