A workers' compensation claim is a statutory insurance claim made when an employee suffers a work-related injury or illness. All Australian employers are required by law to hold workers' compensation insurance. The scheme covers medical expenses, weekly wage replacement during recovery, and rehabilitation costs. In cases of permanent impairment or where employer negligence contributed to the injury, workers may also pursue a common law damages claim for additional lump-sum compensation.
Who can make a claim?
- You were injured at work or diagnosed with a work-related illness or disease
- You were an employee (including casuals and some contractors) at the time of injury
- The injury arose out of or in the course of employment
- The injury required medical treatment or caused you to lose time from work
- You notified your employer of the injury within the required timeframe
Time limits by state
Missing a deadline can permanently bar your claim. Check the time limit for your state.
| State / Territory | Time Limit |
|---|---|
| New South WalesNSW | 6 months (claim) / 3 years (damages) |
| VictoriaVIC | Notify promptly / 3 years (common law) |
| QueenslandQLD | 6 months (claim) / 3 years (damages) |
| Western AustraliaWA | 12 months (claim) / 3 years (damages) |
| South AustraliaSA | 1 year (claim) |
| TasmaniaTAS | 3 years |
| Australian Capital TerritoryACT | 6 years |
| Northern TerritoryNT | 3 years |
Time limits differ between lodging a statutory claim and commencing court proceedings for common law damages. Missing either deadline can affect your entitlements. Get advice early.
How the claims process works
- 1
Report the injury to your employer
Notify your employer in writing as soon as possible after the injury occurs. Your employer is legally required to report serious injuries to the relevant workplace safety authority.
- 2
Get a medical certificate
See a doctor and obtain a WorkCover (or equivalent) medical certificate. This documents your injury and capacity for work — it is required to lodge a claim.
- 3
Lodge your claim
Complete a workers' compensation claim form with your employer or their insurer. In most states your employer must forward your claim to their insurer within 5 business days.
- 4
Insurer determines liability
The insurer has a set period (typically 7–21 days) to accept or dispute your claim. Accepted claims will cover medical costs and weekly payments from the date of injury.
- 5
Rehabilitation and return to work
Your employer and insurer must support your rehabilitation and safe return to work. If you have a permanent impairment, you may be entitled to a lump-sum impairment benefit.
- 6
Common law damages (if applicable)
Where employer negligence caused the injury and you have a significant impairment, a no-win no-fee lawyer can pursue a common law damages claim for pain, suffering, and lost earning capacity.
