Workers Compensation Claims in Australia
Updated 22 September 2026 · General information, not legal advice
A workers compensation claim is made by telling your employer about the injury as soon as possible and lodging a claim form with a medical certificate of capacity, within 6 months of the injury in NSW, within 12 months in Western Australia and within 3 years in the ACT. Each state and territory runs its own scheme under its own Act, and Australian Government employees claim through Comcare under the Safety, Rehabilitation and Compensation Act 1988 (Cth).
To start, see a doctor of your choice and ask for a certificate of capacity. Then complete the worker's section of the claim form and give it, with the certificate, to your employer, who passes it to the insurer. Keep copies of everything you lodge. If the claim is disputed, compare Workers Compensation Lawyers in Australia who act under your state's scheme.
How do you make a workers compensation claim?
You make a workers compensation claim in 5 steps, and the insurer starts assessing it once the claim form and certificate have been received:
- Report the injury to your employer or supervisor as soon as possible. In Victoria, a worker has 30 days from the injury to report it, and WorkSafe Victoria recommends doing so in writing.
- Get a certificate of capacity from your treating doctor. It records the diagnosis, the cause and what work you can do.
- Complete the claim form. Every scheme uses an approved claim form with a worker section and an employer section.
- Give both documents to your employer, or lodge them directly with the insurer where the scheme allows, such as online with WorkCover Queensland.
- Keep sending updated certificates and receipts while the claim is open.
What does the employer have to do?
The employer's obligations start when it is told about the injury. In NSW, the employer must notify its insurer within 48 hours. In the ACT, the employer must notify its insurer within 48 hours and send a claim form to the insurer within 7 days of receiving it. In the Northern Territory, the employer has 3 working days to complete its part of the claim form and forward it to the insurer. In Tasmania, the employer must tell its insurer within 3 working days and send the documents within 5 working days. In Queensland, the employer should report the injury to WorkCover Queensland within 8 business days of becoming aware of it.
What are the time limits in each state?
The time limit for a workers compensation claim is between 6 months and 3 years depending on the scheme, and most insurers must give a first decision or response within 7 to 28 days of receiving the claim.
| Jurisdiction | Tell the employer | Lodge the claim | Insurer's response |
|---|---|---|---|
| NSW | As soon as possible | Within 6 months of the injury (up to 3 years with reasonable cause) | Provisional weekly payments start within 7 days of notification, unless there is a reasonable excuse |
| Victoria | Within 30 days of the injury | Claim form plus certificate of capacity | The WorkSafe agent has 28 days to decide liability |
| Queensland | Tell the employer and give them the work capacity certificate | Within 6 months of diagnosis, or within 20 business days of the first medical assessment | Most claims are decided within 20 business days |
| Western Australia | The claim is made by giving the employer the claim form and certificate of capacity | Within 12 months of the injury (section 25, Workers Compensation and Injury Management Act 2023) | Liability decision within 14 days of the insurer receiving the claim (section 28) |
| South Australia | As soon as possible, within 24 hours if you can | As soon as possible | Usually within 10 business days |
| Tasmania | As soon as possible | Usually within 6 months, and before leaving the job | Written notice within 28 days; decision within 84 days |
| ACT | As soon as practicable (section 120, Workers Compensation Act 1951) | Within 3 years; claim form within 7 days if off work 7 days or more | Accept or reject within 28 days |
| Northern Territory | As soon as practicable | Claim form and certificate given to the employer | Initial decision within 10 working days of the employer receiving it |
| Commonwealth (Comcare) | As soon as possible | Claim form and certificate of capacity through the employer | The claims manager gives an indicative timeframe |
These time limits are as at September 2026. Late claims can still be accepted in some schemes when there is a reasonable cause for the delay, but the rules and evidence required differ.
What can you claim?
Workers compensation covers 4 main types of entitlement:
- Weekly payments for lost income while you cannot work, or can work only reduced hours.
- Medical and related expenses, such as doctors, hospital, rehabilitation and travel to treatment.
- A lump sum for permanent impairment, based on an impairment assessment by an approved doctor once the injury has stabilised.
- Death benefits for dependants if a worker dies from a work injury.
How much are weekly payments?
Weekly payments are a percentage of pre-injury earnings that steps down over time, up to a statutory maximum that is indexed each year.
| Jurisdiction | Early period | Later period |
|---|---|---|
| NSW | 95% of pre-injury average weekly earnings for the first 13 weeks | 80% from week 14 to week 130; after that only if statutory conditions are met; capped at 260 weeks unless impairment is more than 20% |
| Victoria | 95% of pre-injury average weekly earnings for the first 13 weeks | 80% from week 14 to week 130; after 130 weeks only with no capacity for work likely to continue indefinitely and, for claims reaching 130 weeks on or after 31 March 2024, impairment of 21% or more |
| Queensland | The greater of 85% of normal weekly earnings or the industrial instrument amount, for up to 26 weeks | The greater of 75% of normal weekly earnings or 70% of QOTE from 26 to 104 weeks; payments end after 5 years at most |
| Western Australia | 100% of the pre-injury weekly rate of income for the first 26 weeks | 85% after 26 weeks (section 55) |
| South Australia | 100% of average weekly earnings for up to 52 weeks | 80% for up to a further 52 weeks; seriously injured workers are supported to retirement age |
| ACT | 100% of average pre-incapacity weekly earnings for the first 26 weeks (section 39) | The greater of 65% of those earnings or the statutory floor |
Payments are reduced by anything the worker earns, or is assessed as able to earn, in suitable work.
Psychological injury claims in NSW
NSW has changed its rules for psychological injury. For primary psychological injuries notified on or after 1 July 2026, weekly income support is capped at 130 weeks, and provisional payments are not available for claims caused by bullying, racial harassment, sexual harassment or excessive work demands.
How are disputes resolved?
A workers compensation dispute goes first to the insurer's own review, then to an independent body set up for each scheme:
| Jurisdiction | Independent dispute body |
|---|---|
| NSW | Personal Injury Commission |
| Victoria | Workplace Injury Commission (conciliation), then the Workers' Compensation Independent Review Service, arbitration or court |
| Queensland | Workers' Compensation Regulatory Service review; applications are free and must be made within 3 months of the reasons letter |
| Western Australia | Workers Compensation Conciliation Service, then the Workers Compensation Arbitration Service |
| South Australia | South Australian Employment Tribunal |
| Tasmania | Tasmanian Civil and Administrative Tribunal |
| ACT | Magistrates Court |
| Northern Territory | NT WorkSafe Mediation Service, then the Work Health Court |
| Commonwealth | Reconsideration by Comcare, then the Administrative Review Tribunal |
Can you also sue your employer?
Yes, in some schemes. A common law damages claim against a negligent employer is separate from statutory benefits and has its own thresholds and time limits. In Queensland, a notice of claim for damages usually needs to be lodged within 3 years of the injury. In South Australia, a seriously injured worker may bring a common law claim for economic loss where the employer's negligence caused or contributed to the injury. WorkSafe Victoria advises workers to get legal advice before suing an employer. Damages are explained in Personal Injury Compensation Amounts in Australia.
Does workers compensation stop you claiming TPD?
No. Workers compensation and a total and permanent disability benefit through super are separate entitlements, and a serious workplace injury can lead to both. The TPD claim is assessed under the insurance policy's definition, not the workers compensation Act; see TPD Claims.
Finding a workers compensation lawyer
A workers compensation lawyer is most useful when a claim is rejected, weekly payments stop, a permanent impairment lump sum is assessed or a common law claim is possible. Compare Workers Compensation Lawyers in Australia by scheme experience, fee model and public review records, or go straight to Workers Compensation Lawyers in Sydney, Workers Compensation Lawyers in Brisbane, Workers Compensation Lawyers in Perth or Workers Compensation Lawyers in Adelaide. Most act on conditional terms; firms offering them are listed in No Win No Fee Lawyers in Australia.
Frequently asked questions
Can I choose my own doctor for a workers compensation claim?
Yes. Workers can nominate their own treating doctor, such as their usual GP, to provide the certificate of capacity and manage treatment. WorkSafe Tasmania, NT WorkSafe and WorkSafe ACT all state this right for their schemes.
Do I have to pay back provisional payments if my NSW claim is rejected?
No. In NSW, if the insurer does not accept the claim, the worker is not required to repay provisional payments already made. Provisional payments can cover weekly payments for up to 12 weeks and medical expenses up to $10,000.
Can my employer make me use sick leave while my claim is assessed?
No, not in place of compensation. WorkSafe ACT states that an employer cannot use an injured worker's personal or annual leave in place of workers compensation, and in Tasmania any sick leave taken for the period must be re-credited once weekly payments are backdated.
Is a workplace injury on the way to work covered?
Sometimes. Journey claims are covered in some schemes and not others. The ACT scheme, for example, covers injuries while travelling to or from the workplace, so check the rules for the scheme that covers you.
What happens if I miss the time limit?
A late claim is not always lost. In NSW, a claim can be made within 3 years if there was a reasonable cause for the delay, such as ignorance, mistake or absence from the State, and WorkCover Queensland may accept a late claim for a genuine mistake or other reasonable cause.