Posted on 10 Sept 2026
The five simple steps to making a workers’ compensation claim
By Slater and Gordon
In the past year, over 146,700 serious injury claims were made in Australia.
During this difficult and stressful time, injured workers can receive a lot of information from employers, doctors and insurers when they report their injury. For many of us, this information can be overwhelming. It can cause additional anxiety and distress, with some feeling daunted by the thought of making a claim.
In this article, we’ve pulled together a simple, step-by-step process to help you understand your entitlements, how to make a workers’ compensation claim, and where to turn if things don’t go to plan.
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I’ve been injured at work. What compensation am I legally entitled to?
Being injured at work can be a stressful and traumatic experience. Not only are you having to deal with the negative impact of injury on your health and well-being, you may also have to take time off work to recover. This alone can be particularly stressful, especially if you are the sole, or majority, income provider in your household.
The good news is, if you’ve been injured at work, you may be entitled to compensation to help you recover from your injury. You may be entitled to:
Medical expenses
Loss of income (in the form of a weekly benefit)
Rehabilitation services
Lump-sum compensation
Legal cost.
The claims process and benefits will vary by state, so it’s important you speak with an experienced workers’ compensation lawyer in your state or territory; however, no matter where you’re located, there are some common steps you should take if you are making a workers’ compensation claim.
How to make a WorkCover claim
We know the thought of making a claim can feel overwhelming, particularly when you are suffering from physical and emotional distress after a workplace injury. To help make the claims process as simple and stress-free as possible, we’ve summarised the following five key steps to submitting a workers’ compensation claim for you.
Every employer is required to have an injury book or accident register you can fill in. If your workplace doesn’t have one, you can give your employer written details of your injury; for example, by sending them an email. Make sure you keep a copy of this written notice for your own records. There are strict deadlines so it’s important that you meet them otherwise your claim may be rejected or delayed.
If you’ve suffered a work-related illness or injury, the first step is to visit your doctor for treatment. Even if you think your injury is only minor, sometimes the true extent of an injury is only revealed over time, so during this appointment it’s important to explain everything that happened to you.
Your doctor will also give you a certificate saying you’ve had a work-related injury, which details your diagnosis and your capacity for work. The name of this certificate varies between states; most commonly, it is known as a ‘Certificate of Capacity’. This certificate is important for submitting your workers’ compensation claim.
Your employer should give this form to you when you report your injury. If they haven’t provided this form, you can also get one from your doctor or from the WorkCover authority in your state or territory.
Complete the workers’ compensation claim form, attach your certificate of capacity to the form, and submit it to your employer. Be sure to also keep a copy of the completed form and certificate for your own records.
What to do if things don’t go to plan
Sometimes, relationships between you and your employer can break down, which means you might not be able to follow the steps above. If your employer hasn’t provided you with a workers’ compensation claim form or hasn’t submitted your claim to their insurer in the required timeframe, you can call the organisation that regulates WorkCover in your state or territory:
New South Wales: State Insurance Regulatory Authority (SIRA)
Queensland: WorkCover Queensland
South Australia: Return to Work SA
Tasmania: WorkSafe Tasmania
Victoria: WorkSafe Victoria
Western Australia: WorkCover WA
Northern Territory: NT WorkSafe
Australian Capital Territory: WorkSafe ACT
They can tell you who your employer’s insurer is and give you the right claim form, which means you can lodge your claim directly with the insurer without having to deal with your employer.
If your employer or the insurer isn’t cooperating, it’s also important to call an experienced workers’ compensation lawyer. They can provide advice and assistance to help you submit your claim.
Are there time limits to make a workers’ compensation claim?
Yes. Lodging a claim should happen within three months of your injury, but don’t be discouraged if you’ve missed this timeframe. There are several reasons why this might happen:
you might have an injury that wasn’t diagnosed properly at the time of the incident
you may be suffering from psychological distress that took time to diagnose.
Time limits for making a claim based on States
- Time limit from injury: 6 months
- Important qualification: Extensions or exceptions may apply, where there’s a reasonable excuse, you were unaware of the injury, or the insurer accepts the claim.
- Time limit from injury: 6 months
- Important qualification: Notice of injury should generally be given to the employer within 30 days. Late claims or notice may be accepted in some circumstances.
- Time limit from injury: 6 months
- Important qualification: Extensions or exceptions may apply, if there’s a reasonable excuse for the delay.
- Time limit from injury: 12 months
- Important qualification: Extensions or exceptions may apply, if there’s a reasonable excuse for the delay, when you became aware of the injury, the type of injury and whether the employer or insurer has already dealt with the claim.
- Time limit from injury: 6 months
- Important qualification: Extensions or exceptions may apply, if there’s a reasonable excuse for the delay.
- Time limit from injury: 6 months
- Important qualification: Special rules may apply to gradual-onset conditions, occupational disease and cases involving death.
- Time limit from injury: 6 months
- Important qualification: Extensions or exceptions may apply, if there’s a reasonable excuse for the delay.
- Time limit from injury: 6 months
- Important qualification: Etensions or exceptions may apply, if there’s a reasonable excuse for the delay.
Frequently asked questions
After your employer has lodged your claim form with their insurer, the insurer will contact you to let you know if your claim has been accepted. If your claim is rejected, or if you haven’t received a response at all, it’s important to get in touch with a workers’ compensation lawyer to discuss your options.
In NSW, workers’ compensation is managed under the Workers Compensation Acts and administered through SIRA. If you're injured at work in NSW, here's what happens:
Report your injury to your employer in writing within 30 days
Visit your doctor and get a Certificate of Capacity
Your employer lodges a claim with their insurer
The insurer has 21 days to accept or dispute your claim
If accepted, you receive weekly income payments and medical expense coverage from the insurer.
If your injuries are permanent and significant, you may also be entitled to a lump sum payment or a common law claim.
If your workers' comp claim is rejected in NSW, you have the right to challenge the decision. The insurer must provide a written dispute notice explaining the rejection. A workers' compensation lawyer can review that notice and advise on reinstatement options.
Leaving your job or being dismissed does not automatically end your entitlement to workers compensation in NSW if the injury occurred while you were employed. What matters is when the injury happened and when you became aware of it, not your current employment status. If you've resigned, been made redundant, or been dismissed after a workplace injury, you should get legal advice as quickly as possible. Time limits still apply from the date you became aware of the injury, and delays can complicate your ability to make a claim.
You're not legally required to have a lawyer but there are reasons why you may want to seek legal advice. It may help to speak to a lawyer if:
Your claim has been rejected or disputed
You have a permanent injury and want to understand your lump sum entitlements
You're being pressured by your employer or insurer to return to work before you're ready
Your injury may have been caused by your employer's negligence
Your weekly payments have been reduced or stopped.
In Victoria, workers’ compensation is called WorkCover and is administered by WorkSafe Victoria. Here's the basic steps if you're injured at work in Victoria:
Report your injury to your employer as soon as possible (within 30 days is recommended)
Visit your treating doctor and get a Certificate of Capacity
Complete a WorkCover claim form (your employer must provide this within 10 days of you requesting it)
Your employer submits the claim to their WorkCover agent
The agent has 28 days to accept or reject the claim
If accepted, WorkCover covers your medical and treatment expenses and pays weekly benefits if you're unable to work or can only work reduced hours. If your injuries are permanent, you may also be entitled to an impairment benefit lump sum or make a common law claim.
Yes, leaving your job does not automatically disqualify you from making a WorkCover claim in Victoria, provided your injury occurred during your employment. This is an important question because many workers are injured, leave or are dismissed, and then assume they've lost their entitlements. That's not necessarily the case. You should notify your former employer and lodge a claim as soon as possible after becoming aware of the injury. If significant time has passed, get legal advice before assuming it's too late because there are exceptions.
Yes, psychological injuries are covered under WorkCover in Victoria, and claims for mental health conditions have become more common in recent years. To be eligible, the psychological injury must be work-related.
Common covered conditions include:
Workplace stress and burnout caused by unreasonable workload or management practices
Anxiety or depression arising from bullying, harassment, or discrimination at work
PTSD following a traumatic workplace incident.
Psychological injury claims are often more complex than physical ones and are disputed more frequently. Having a lawyer from the start means your claim is framed correctly from the outset and your medical evidence is directed to the right questions.
How we can help
Slater and Gordon are experienced in workers’ compensation claims and our teams understand the devastating impact a workplace injury can have on health and well-being. We’re committed to helping you get access to your full entitlements to help you get your life back on track.
We offer a No Win, No Fee arrangement to help you access the justice and care you deserve. This means that you won't pay for our legal work if we don't win your case. You may still be liable for third party costs and disbursements. See here for full terms and conditions
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.
