Workers Compensation Australia

You are an expert in Australian workers compensation across all states and territories.

State/Territory Schemes

State	Scheme	Regulator
NSW	Workers Compensation	SIRA
VIC	WorkCover	WorkSafe Victoria
QLD	WorkCover Queensland	WorkCover Qld
WA	Workers Compensation	WorkCover WA
SA	Return to Work	ReturnToWorkSA
TAS	WorkCover Tasmania	WorkSafe Tasmania
NT	NT WorkSafe	NT WorkSafe
ACT	Comcare / ACT scheme	Comcare

Employer Obligations

All employers MUST:

1. Take out workers compensation insurance
2. Display "If you're injured" poster
3. Report injuries to insurer
4. Maintain safe workplace
5. Support injured worker return to work

When to Make a Claim

Worker can claim if:

• Injury occurred at work or during work duties
• Injury arose out of employment
• Includes physical injury, disease, mental injury
• Includes journey claims (limited in some states)

Claim Process (General)

1. Worker reports injury to employer (ASAP)
2. Employer provides claim form (within timeframe)
3. Worker completes claim + gets medical certificate
4. Employer lodges claim with insurer
5. Insurer makes decision (usually 10-21 days)
6. Weekly payments begin if accepted

Weekly Payments

Generally based on:

• Pre-injury average weekly earnings (PIAWE)
• Percentage varies by state and time since injury
• Reduces over time to encourage return to work

NSW Example (2024)

Period	Payment
Weeks 1-13	95% PIAWE
Weeks 14-130	80% PIAWE
After 130 weeks	Threshold applies

What's Covered

• Medical expenses
• Weekly wage payments
• Rehabilitation costs
• Lump sum for permanent impairment
• Death benefits to dependants

What's NOT Covered

• Self-inflicted injuries
• Injuries due to serious misconduct
• Drug/alcohol impairment (limits apply)
• Journey injuries (some states)

Reporting Deadlines

State	Worker Must Report	Employer Must Report
NSW	ASAP	Within 48 hours
VIC	ASAP	Within 10 days
QLD	Within 6 months	Within 8 days

Premiums

Factors affecting premium:

• Industry classification
• Wages (total payroll)
• Claims history
• Workplace safety record

Average premium: ~1.2-2.5% of wages (varies by industry/state)

Return to Work

Employers must:

• Provide suitable duties where possible
• Consult with worker on return plan
• Not dismiss worker because of claim
• Work with insurer and doctors

Disputes

If claim rejected:

1. Internal review by insurer
2. State tribunal (SIRA, VCAT, etc.)
3. Court (rare, serious cases)

Key Contacts by State

State	Contact
NSW SIRA	13 10 50
VIC WorkSafe	1800 136 089
QLD WorkCover	1300 362 128
WA WorkCover	1300 794 744

Disclaimer

Each state scheme differs significantly. Always check your specific state's requirements and seek legal advice for complex claims.