What does workers compensation cover?
Workers compensation is a no-fault insurance scheme run by each state and territory, and by Comcare for Commonwealth employees. If your injury or illness arose out of or in the course of your employment, the scheme pays:
- Weekly payments while you cannot work or can only work reduced hours, calculated from your pre-injury earnings and stepping down over time.
- Medical, hospital and rehabilitation expenses, including travel to treatment.
- Lump sums for permanent impairment, assessed as a percentage of whole person impairment.
- Return-to-work support, such as retraining and workplace adjustments.
Injuries can be sudden, such as a fall, or gradual, such as a back condition from lifting or a psychological injury from workplace events. Journeys and work-related travel are covered in some states but not others, so say how and where you were hurt.
How to report the injury and lodge the claim
Every scheme starts the same way: tell your employer, see a doctor and get a certificate of capacity, then lodge the claim form. The employer passes it to the insurer, which must decide within a set period.
| State or territory | Scheme and regulator | Report and claim deadlines |
|---|---|---|
| New South Wales | icare is the nominal insurer; SIRA regulates; IRO helps injured workers | Tell your employer at once; the employer must notify the insurer within 48 hours. Claim within 6 months of the injury; up to 3 years with a reasonable cause, and later only for death or serious permanent disablement with SIRA approval (WIM Act 1998 s 261, icare) |
| Victoria | WorkSafe Victoria and its agents | Report the injury to your employer within 30 days, in writing; lodge the claim form with your employer as soon as possible (WorkSafe Victoria) |
| Queensland | WorkCover Queensland or a self-insurer; WorkSafe Queensland | Claim usually within 6 months of the date you first saw a doctor about the injury, unless the insurer accepts a reasonable excuse (WorkSafe Queensland) |
| Western Australia | WorkCover WA under the Workers Compensation and Injury Management Act 2023 | Give the claim form and certificate to your employer promptly; common law damages need at least 15% whole person impairment (WorkCover WA) |
| South Australia | ReturnToWorkSA | Report the injury to your employer and make the claim as soon as possible; workers with 30% or more whole person impairment (35% for physical injuries under the serious injury package) receive different benefits (ReturnToWorkSA) |
| Tasmania | WorkSafe Tasmania; licensed insurers | Tell your employer as soon as possible; give the claim form to your employer within 6 months of the injury, or before you leave the job (WorkSafe Tasmania) |
| Australian Capital Territory | WorkSafe ACT; private insurers | Notify your employer as soon as possible; the employer tells the insurer within 48 hours; give the claim form and certificate within 7 days if you are off work; the insurer decides within 28 days (WorkSafe ACT) |
| Northern Territory | NT WorkSafe under the Return to Work Act 1986 | Tell your employer as soon as you can; lodge the claim within 6 months of the injury or of first becoming aware of it (NT WorkSafe) |
| Commonwealth employees | Comcare under the Safety, Rehabilitation and Compensation Act 1988 | Report to your supervisor as soon as possible and claim with a medical certificate; Comcare decides injury claims within 20 days and disease claims within 60 days (Comcare) |
Keep a copy of everything you give your employer and note the date. If your employer will not lodge the claim, most schemes let you lodge directly with the insurer or regulator.
New South Wales in detail
In New South Wales the claim is made under the Workplace Injury Management and Workers Compensation Act 1998. Compensation cannot be recovered unless the claim is made within 6 months of the injury. The insurer can still accept a claim within 3 years if the delay was due to ignorance, mistake, absence from the state or another reasonable cause, and beyond 3 years only for death or serious and permanent disablement with the regulator’s approval (s 261).
Two thresholds matter later. A lump sum for permanent impairment depends on the assessed percentage of whole person impairment. A work injury damages claim, which is a negligence claim against the employer for past and future economic loss, is only available where the injury results in death or permanent impairment of at least 15% for a physical injury, or at least 25% for a psychological injury (Workers Compensation Act 1987 s 151H). The Independent Review Office (IRO) provides free help with disputes about decisions, payments and treatment (IRO).
Workers compensation versus a work injury damages claim
These are different claims with different rules, and it helps to keep them apart.
| Workers compensation | Work injury damages | |
|---|---|---|
| Do you need to prove fault? | No | Yes, employer negligence |
| What is paid? | Weekly payments, treatment, permanent impairment lump sum | A lump sum for economic loss (in NSW, past and future lost earnings only) |
| Threshold | None for benefits; impairment percentage for lump sums | In NSW at least 15% whole person impairment (25% psychological); in WA at least 15%; Victoria uses a serious injury test |
| Effect on the other claim | Continues while you claim | In NSW, settling damages ends weekly payments |
| Deadline | Scheme deadline, usually 6 months | Court limitation period, generally 3 years |
Our damages guide explains how economic loss is assessed. Because the choice can end weekly payments, get advice before electing to sue.
If the insurer disputes or stops your claim
Insurers can decline liability, dispute the connection to work, stop weekly payments or refuse treatment. You are entitled to a written decision with reasons and the date. From that date, review deadlines run.
- In New South Wales, contact the IRO first; it can help resolve the dispute or fund independent legal advice, and disputes go to the Personal Injury Commission.
- In Victoria, ask for conciliation through the Workplace Injury Commission before any court step.
- In Queensland, ask the insurer for a review through the Workers’ Compensation Regulator within the time on the decision letter.
- In the ACT, disputes about a rejected claim go through conciliation and then arbitration.
Keep working with your treating doctor throughout. Certificates of capacity are the evidence that keeps payments flowing, and gaps in treatment are used against claims.
Contractors, labour hire and gig work
The label in a contract does not decide coverage. Each scheme has its own definition of a worker, and many deem certain contractors, labour hire workers and outworkers to be workers for compensation purposes. If you were told you are a contractor, still report the injury and lodge the claim; the insurer must decide whether you are covered. If you are not, you may have income protection or TPD cover through superannuation, or a negligence claim against the business that controlled the site. Our TPD guide explains the insurance route.
Frequently asked questions
How long do I have to make a workers compensation claim?
Most states expect the claim within 6 months of the injury: New South Wales, Tasmania and the Northern Territory say 6 months, Queensland counts from when you first saw a doctor, and Victoria requires you to report the injury to your employer within 30 days. Late claims can be accepted for reasonable causes.
Do I have to prove my employer was at fault?
No. Workers compensation is no-fault. Fault only matters if you later bring a work injury damages claim for negligence.
What is whole person impairment?
A percentage assessed by a trained doctor using the scheme’s guidelines once your injury has stabilised. It decides lump-sum entitlements and, in NSW and WA, whether a damages claim is open (15% for physical injuries in both).
Can I claim for a psychological injury?
Yes, if it arose from work and the scheme’s conditions are met. Reasonable management action is usually excluded. In NSW a work injury damages claim for a psychological injury needs at least 25% permanent impairment.
Am I covered travelling to or from work?
It depends on the state. Some schemes cover journeys, others only where there is a real connection with work. Say how the injury happened and let the insurer assess it.
What if my employer will not lodge the claim?
Lodge it yourself with the insurer or regulator. In NSW you can notify icare online if your employer has not done so within 48 hours.
Can I be sacked for making a claim?
Dismissing a worker because they made a claim is unlawful in every state. Employers must also provide suitable duties where reasonably practicable. Get advice quickly if it happens.
Does an enquiry to the helpline lodge my claim?
No. You still need to lodge the claim form with your employer or insurer within the scheme deadline. The helpline explains the pathway and can refer you to a lawyer.
Sources
Official pages and legislation checked on the dates shown. Rules change, so confirm the current position before relying on a date or a threshold.
- Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 261, time within which a claim must be made (checked 26 September 2026)
- icare, notify us that you have been injured at work (checked 26 September 2026)
- Workers Compensation Act 1987 (NSW) s 151H, no damages unless permanent impairment at the threshold (checked 26 September 2026)
- Independent Review Office (NSW), understanding your claim and what IRO does (checked 26 September 2026)
- WorkSafe Victoria, what to do when you have been injured at work (checked 26 September 2026)
- WorkSafe Queensland, making a workers compensation claim (checked 26 September 2026)
- WorkCover WA, common law claims (15% whole person impairment) (checked 26 September 2026)
- ReturnToWorkSA, report an injury or make a claim (checked 26 September 2026)
- ReturnToWorkSA, serious injuries (30% and 35% whole person impairment) (checked 26 September 2026)
- WorkSafe Tasmania, how to make a workers compensation claim as a worker (checked 26 September 2026)
- WorkSafe ACT, how to make a workers compensation claim (checked 26 September 2026)
- NT WorkSafe, workers frequently asked questions (six months to lodge a claim) (checked 26 September 2026)
- Comcare, workers compensation claims under the SRC Act (checked 26 September 2026)
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Start the free claim checkGeneral information last updated 26 September 2026. It is not legal advice and may not reflect later changes to the law or a scheme. An enquiry does not lodge a claim or pause a time limit. Check your own position with a qualified adviser.
