What is Workers’ Compensation?
Workers’ Compensation is a compulsory insurance that covers all Australian employees. It provides protection against workplace-related injuries or illnesses regardless of who is at fault.
Whether you’re a full-time, part-time or casual employee , your employer must provide Workers’ Compensation insurance. Its purpose is to ensure that all workers receive support and compensation should they be injured or fall ill at work.
If you’ve suffered from an injury or illness you think might be related to your work, then you may be entitled to claim Workers’ Compensation.
Check if you're eligible for a Workers’ Compensation claim
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How to make a Workers’ Compensation claim
Making a claim takes a few steps. If you need advice or feel unsure, you’re welcome to contact our Workers’ Compensation team
See your doctor for treatment and give them the details about how you were injured.
You must report the injury to your employer. Different deadlines apply depending on where you are and what industry you work in.
If you miss the deadline, your claim may be rejected.
You can report the injury by making an entry in the accident book or the register of injuries at your workplace. By law, every employer must have an injury book. Alternatively you can also report the injury by lodging a claim for compensation with your employer.
If you do not need to take any time off work but want the Workers’ Compensation insurer to pay for the medical expenses related to your injury, you should lodge a compensation claim form attaching any accounts/invoices relating to your medical treatment with your employer.
If you do need to take time off work because of your injury, your claim form must be accompanied by a certificate of capacity completed by your doctor. The claim and certificate must be lodged as soon as possible.
You can collect a Workers’ Compensation claim form from your local post office, your doctor or the Workers’ Compensation authority in your state.
Once you have lodged the Workers’ Compensation claim with your employer, your employer has 10 days to forward the documents on to their claims agent. If your employer fails to do so, you can make a complaint to the Workers’ Compensation authority of your state, so it’s a good idea to also keep a copy of your documents as evidence.
If you’re having issues submitting your claim or if your employer is being uncooperative, speak to one of our Workers’ Compensation lawyers to see how we can help.
After you have lodged your claim form with your employer, their claims agent then has another 28 days to let you know whether your claim has been accepted.
If you claim is rejected, or if you haven’t received any response to your claim, you should call us to discuss within 60 days.
No Win, No Fee*
We are the original No Win, No Fee* lawyers. This means that if you don’t win you don’t pay Slater and Gordon’s fees (the fees that we charge for the work we do on your case).
If you’ve suffered an injury or illness at work, you may be entitled to:
Loss of income (in the form of a weekly benefit)
How we help support you
Our priority at Slater and Gordon is to help you navigate the Workers’ Compensation process to put you in the best position to claim the compensation you deserve.
When you choose Slater and Gordon, we will focus on the best possible outcome for you. We ensure that you understand your rights and entitlements and assist you with possible disputes. We give you the support you need while working to maximise your compensation.
If you have encountered any of the following, get in touch so we can discuss your possible Workers’ Compensation claim:
An injury at work
A flare-up of an existing injury or disease whilst at work
A psychological injury at work
You want to know more about your potential to obtain lump sum compensation
Your Workers’ Compensation claim has been rejected
Your employer is pressuring you to return to work
The insurer won't pay for a particular expense
The insurer has rejected surgery or medical treatment
You've never received advice about a workplace injury
You want to know where you stand within the law
Workers’ Compensation is slightly different in each state and territory and can vary depending on which industry you work in, so it’s important for both employers and employees to familiarise themselves with their applicable workers compensation scheme.
It's not only states and territories. If you work for the Federal Government. one of its current or former agencies, and even some private nationally operating employers they may be covered by Comcare. I've made a change to the para under Understanding Workers' Compensation in your state to reflect this, but you may want to get Rachael James to draft a section on Comcare consistent with the other state-by-state sections.
WorkSafe ACT is the government body responsible for workers compensation in the ACT. Information about claims, compensation, how to obtain insurance and general workplace health and safety is available on its website.
The NSW Workers Compensation scheme, and the regulation of workplace health and safety, is administered by icare
Businesses and workers can seek detailed information about staying safe at work, workers compensation, including how to make a claim, and rights and responsibilities by visiting the NT WorkSafe website.
WorkCover Queensland’s website helps workers to access all the relevant information they need to start the process of making a claim, or understanding more about work-related injuries and illnesses
The website’s online service WorkCover Connect also helps employers to manage their workers compensation insurance policies, track claims and analyse industry trends via a secure login.
ReturnToWorkSA is the government body that provides advice, support and insurance services to South Australian business and employees. All work injury and illness-related resources, together with workers compensation claim information can be found on the ReturnToWorkSA website.
Workers compensation in Tasmania is regulated and administered by WorkSafe Tasmania. The Workers Compensation Handbook and The Workers Rehabilitation and Compensation Guide are two key resources available on their website to help both employers and workers understand their obligations during the claim process.
WorkSafe Victoria is responsible for managing the state’s workers compensation scheme as well as enforcing occupational health and safety laws. Employers and workers can access information, tools and resources to guide them through the claims process resulting from a work-related injury or illness.
WorkCover WA is the administrative agency for the state's workers compensation scheme. Whether you need to obtain insurance as an employer, make a claim or get advice, Western Australians should seek information on the website.
Comcare is the Workers’ Compensation scheme for all Commonwealth Government employees (Federal Public Servants), ACT Government employees (ACT public servants) and certain licenced national corporations such as Australia Post, Linfox, FedEx and the Commonwealth Bank who are self-insured. If you’re a Federal public servant, you’ll need to lodge your claim through Comcare. If you’re employed by one of the national licensees, you’ll need to lodge your claim through your employer.