What is workers' compensation?

Workers' compensation is an insurance for employees who get injured or sick, either at work or because of their work.

Employers in Australia are required by law to have workers' compensation to cover their employees.

There are different workers' compensation schemes in Australia. There is a scheme for each state and territory as well as 3 Commonwealth schemes. Each workers' compensation scheme has slightly different laws and works differently.

What does workers' compensation cover?

If you are injured at work, your workers' compensation may cover the cost of:

• medical and hospital treatment
• rehabilitation treatments
• some of your wages while you are off work recovering
• household assistance services, such as cooking or grocery shopping
• travel expenses, such as to and from medical appointments
• a lump-sum payment if you are permanently impaired, such as due to a spinal cord injury
• death or funeral benefits if you die because of a work-related injury or illness

Workers' compensation may also cover your costs if you get sick due to your work. This could include:

• asbestosis or mesothelioma — this may be caused by asbestos exposure at work
• asthma — this may be caused by inhaling dusts or fumes at work

Other support may include:

• education and training
• domestic assistance
• access to medical specialists and therapy providers

Some workers' compensation schemes also cover psychological trauma and mental illnesses such as:

• post-traumatic stress disorder (PTSD)
• anxiety
• depression

Check with your scheme to find out if you are eligible.

What are workers' compensation schemes?

There are 11 workers' compensation schemes in Australia — 3 Commonwealth schemes and 8 schemes for people employed by each state and territory.

Commonwealth Government workers' compensation schemes

There are 3 Commonwealth Government workers' schemes.

Comcare, which is for:

• Commonwealth Government employees
• employees of companies that have been granted a licence to self-insure
• members of the Australian Defence Force (ADF) who served before 1 July 2004

Seacare, which is for some seafarers (people who work on ships) who are injured or become sick while working.

Department of Veterans' Affairs (DVA), which is for Australian Defence Force members who began service on or after 1 July 2004.

State and territory workers' compensation schemes

The state and territory workers' compensation schemes are:

• Australian Capital Territory – WorkSafe ACT
• Queensland – WorkSafe Queensland
• New South Wales – SafeWork NSW
• Northern Territory – NT WorkSafe
• South Australia – ReturnToWork SA
• Tasmania – Worksafe Tasmania
• Victoria – Worksafe Victoria
• Western Australia – WorkCover WA

How does workers' compensation work?

Workers' compensation premiums are paid by your employer. The premiums your employer pays are used to cover the cost of compensation for eligible workers.

Workers' compensation schemes cover most workers, including:

• full-time workers
• part-time workers
• apprentices
• employees while they travel for work

Depending on your employment contract, some workers' compensation schemes also cover:

• casual workers
• volunteers
• contractors
• subcontractors

To be eligible for workers' compensation, the injury or illness should:

• have occurred at work or be work-related
• require medical treatment or time off work

Different schemes have different rules. Check the specifics of your scheme before you make a claim.

How do I make a claim?

When making a claim:

1. Tell your employer about the work-related injury or illness as soon as possible.
2. See a doctor who can assess your injury or illness and decide what treatment is needed for you to recover. They should issue you with a medical certificate or work capacity certificate if you need time off work. Read more about what should be included in a medical certificate or work capacity certificate.
3. Submit a claim to your workers' compensation scheme. You can do this by filling out a paper copy of the ‘workers' compensation claim' form or by completing one online. Some schemes allow you to claim by telephone.
4. In some cases, you may need another medical appointment with a doctor chosen by your employer or insurer. At this appointment you can provide more evidence that your injury or illness is work-related and learn what treatment is required.

Workers' compensation payments depend on your state and territory. You may be paid by:

• the insurer
• your employer, who is then reimbursed by the insurer
• the workers' compensation regulator

Check with your employer or workers' compensation scheme for the exact claims process.

Resources and support

Safe Work Australia has a range of resources and information about workers' compensation.

To find information specific to your scheme visit the workers' compensation authority website in your state or territory.

• Australian Capital Territory — WorkSafe ACT
• Queensland — WorkSafe Queensland
• New South Wales — SafeWork NSW
• Northern Territory — NT WorkSafe
• South Australia — ReturnToWorkSA
• Tasmania — Worksafe Tasmania
• Victoria — Worksafe Victoria
• Western Australia — WorkCover WA

If you need free or low-cost legal information and advice, contact:

• your local community legal centre
• the legal aid office in your state or territory
• the Australian Pro Bono Centre, which has different options depending on where you live

Information for Aboriginal and/or Torres Strait Islander people

You can get legal advice by contacting Aboriginal and Torres Strait Islander legal services.

The Aboriginal Pro Bono Centre offers legal services to Aboriginal and Torres Strait Islander people.

You can also call the healthdirect helpline on 1800 022 222 (known as NURSE-ON-CALL in Victoria). A registered nurse is available to speak with you 24 hours a day, 7 days a week.