Workers Compensation · 8 schemes across Australia
Workers compensation by state: every Australian scheme
Each Australian state and territory operates its own workers compensation scheme under separate legislation. Time limits, weekly benefit caps, rules on common-law damages and the regulator you deal with all differ. This guide summarises the eight schemes so you can find the right starting point for your claim.
★Key takeaways
- ✓Eight separate workers compensation schemes operate in Australia, one per state and territory. Each has its own regulator, time limits, weekly benefit caps and rules on common-law access.
- ✓NSW common-law access was reinstated in 2012 but requires 15% or greater whole-person impairment. Victoria is the most restrictive (30% WPI or serious injury certificate). Queensland is the most claimant-friendly with no statutory impairment threshold.
- ✓Most states require claim lodgement within 6 months of injury. WA allows 12 months. Common-law proceedings, where available, generally have a 3-year limitation period.
- ✓Weekly payment caps and step-down rules differ in every state. Most schemes pay 80–95% of pre-injury earnings for an initial period (13–26 weeks) then step down.
- ✓This page is general information, not legal advice. Speak with an admitted lawyer in your state for advice on your specific situation.
At a glance
Compare the eight schemes
| State | Regulator | Time to claim | Common-law access |
|---|---|---|---|
| NSW | State Insurance Regulatory Authority (SIRA) | Notify employer ASAP; lodge with insurer within 6 months of injury (extendable in limited circumstances). | Work injury damages available where whole-person impairment (WPI) is 15% or greater and employer negligence is established. Reinstated under the 2012 reforms. |
| VIC | WorkSafe Victoria | Notify employer within 30 days of becoming aware of the injury. Lodge a claim with the agent. Time bar 6 years for common law (extendable for impairment <30%). | Restricted. Requires a Serious Injury Certificate (issued by WorkSafe) or a court order under the Wrongs Act, plus assessed whole-person impairment of 30% or more, OR satisfaction of the narrative test. |
| QLD | Office of Industrial Relations (OIR) | Apply within 6 months of becoming aware of the injury. Common-law proceedings must commence within 3 years of injury (extendable). | Full common-law access for any work injury where employer negligence can be established. No impairment threshold. Among the most claimant-friendly schemes nationally. |
| WA | WorkCover WA | Lodge claim with the employer or insurer within 12 months of injury. Common-law election must be made within strict election windows. | Available with election. Workers must elect by the time the WorkCover WA-prescribed thresholds are reached (typically 15% WPI). Election extinguishes further statutory entitlement. |
| SA | Return to Work SA | Notify employer ASAP, lodge claim within 6 months (extendable to 2 years in limited circumstances). | Common-law damages available only for seriously injured workers (whole-person impairment 30% or more). Compensation for non-economic loss is statutory and capped. |
| TAS | WorkSafe Tasmania | Notify employer ASAP, lodge claim within 6 months. Common-law actions within 3 years. | Available where the worker has been assessed at 20% or more whole-person impairment and employer negligence can be proved. |
| ACT | WorkSafe ACT | Notify employer within 6 months. Lodge claim with insurer. Common-law proceedings within 3 years. | Available for common-law damages where employer negligence is established. No statutory impairment threshold for negligence claims. |
| NT | NT WorkSafe | Notify employer ASAP, lodge claim within 6 months. | Restricted. Common-law damages only available where the worker is assessed at 15% or greater whole-person impairment. |
NSW · NSW Workers Compensation
New South Wales
Who insures the worker
icare (Insurance and Care NSW), private licensed insurers + self-insurers
Time to claim
Notify employer ASAP; lodge with insurer within 6 months of injury (extendable in limited circumstances).
Weekly benefit cap
Maximum weekly compensation indexed twice-yearly (around $2,581.40/week as at April 2026 indexation, per SIRA).
Common-law access
Work injury damages available where whole-person impairment (WPI) is 15% or greater and employer negligence is established. Reinstated under the 2012 reforms.
Notes
Three streams: weekly payments, medical + related expenses, and lump sums (s66 permanent impairment). Disputes go to the Personal Injury Commission.
VIC · WorkCover Victoria
Victoria
Who insures the worker
WorkSafe Victoria via authorised agents (Allianz, EML, Gallagher Bassett, Xchanging)
Time to claim
Notify employer within 30 days of becoming aware of the injury. Lodge a claim with the agent. Time bar 6 years for common law (extendable for impairment <30%).
Weekly benefit cap
Weekly payments at 95% of pre-injury average weekly earnings (PIAWE) for first 13 weeks, then 80%. Indexed annual cap.
Common-law access
Restricted. Requires a Serious Injury Certificate (issued by WorkSafe) or a court order under the Wrongs Act, plus assessed whole-person impairment of 30% or more, OR satisfaction of the narrative test.
Notes
Statutory benefits + restricted common-law access. Disputes go to the Workplace Injury Commission (formerly ACCS) and Victorian courts.
QLD · WorkCover Queensland
Queensland
Who insures the worker
WorkCover Queensland (statutory monopoly) + a small number of self-insurers
Time to claim
Apply within 6 months of becoming aware of the injury. Common-law proceedings must commence within 3 years of injury (extendable).
Weekly benefit cap
Weekly payments at 85% of normal weekly earnings (NWE) for first 26 weeks. Indexed cap, currently around $3,000+/week.
Common-law access
Full common-law access for any work injury where employer negligence can be established. No impairment threshold. Among the most claimant-friendly schemes nationally.
Notes
Strong claimant rights. Two-tier process: statutory claim first, then optional Notice of Claim for damages.
WA · WorkCover WA
Western Australia
Who insures the worker
Approved insurers (Allianz, QBE, Suncorp, Zurich, etc.) + self-insurers
Time to claim
Lodge claim with the employer or insurer within 12 months of injury. Common-law election must be made within strict election windows.
Weekly benefit cap
Income compensation prescribed amount, indexed annually. Step-down rules apply after 13 + 26 weeks.
Common-law access
Available with election. Workers must elect by the time the WorkCover WA-prescribed thresholds are reached (typically 15% WPI). Election extinguishes further statutory entitlement.
Notes
Workers Compensation and Injury Management Act 2023 (WA) commenced 1 July 2024 and rewrote much of the scheme.
SA · Return to Work SA
South Australia
Who insures the worker
Return to Work SA + a small number of self-insurers
Time to claim
Notify employer ASAP, lodge claim within 6 months (extendable to 2 years in limited circumstances).
Weekly benefit cap
Weekly payments at 100% of notional weekly earnings for first 52 weeks, then 80% to a maximum of 104 weeks.
Common-law access
Common-law damages available only for seriously injured workers (whole-person impairment 30% or more). Compensation for non-economic loss is statutory and capped.
Notes
Return to Work Act 2014 (SA). Strong emphasis on rehabilitation; statutory benefits typically end at 104 weeks unless seriously injured.
TAS · WorkCover Tasmania
Tasmania
Who insures the worker
Private licensed insurers + self-insurers (no government monopoly)
Time to claim
Notify employer ASAP, lodge claim within 6 months. Common-law actions within 3 years.
Weekly benefit cap
Weekly payments at 100% of normal weekly earnings for first 26 weeks, then 95%, then 80% (graduated step-down).
Common-law access
Available where the worker has been assessed at 20% or more whole-person impairment and employer negligence can be proved.
Notes
Workers Rehabilitation and Compensation Act 1988 (Tas). Disputes go to the Workers Rehabilitation and Compensation Tribunal.
ACT · ACT Default Insurance Fund + private insurers
Australian Capital Territory
Who insures the worker
Licensed private insurers + the ACT Default Insurance Fund (insurer of last resort)
Time to claim
Notify employer within 6 months. Lodge claim with insurer. Common-law proceedings within 3 years.
Weekly benefit cap
Weekly compensation at 100% of normal weekly earnings for first 26 weeks, then 65%.
Common-law access
Available for common-law damages where employer negligence is established. No statutory impairment threshold for negligence claims.
Notes
Workers Compensation Act 1951 (ACT). Disputes go to the ACT Magistrates Court or Supreme Court.
NT · NT Return to Work Scheme
Northern Territory
Who insures the worker
Approved private insurers + self-insurers
Time to claim
Notify employer ASAP, lodge claim within 6 months.
Weekly benefit cap
Weekly compensation at 100% of normal weekly earnings for first 26 weeks, then 75%.
Common-law access
Restricted. Common-law damages only available where the worker is assessed at 15% or greater whole-person impairment.
Notes
Return to Work Act 1986 (NT). Disputes go to the Work Health Court.
Important
General information, not legal advice
This page is general information about Australian workers compensation schemes. It is not legal advice. Time limits, weekly benefit rates and impairment thresholds are indexed and amended regularly. Cross-check current rates with the relevant state regulator before relying on any figure. Compensation depends on the facts of your case; speak with a lawyer admitted in your state for advice on your specific situation. See our disclaimer for the full notice.
Common questions
Workers compensation by state – common questions
Which state’s workers compensation scheme covers me?
Generally the state where your employer’s workers compensation policy is held, which is usually the state where you primarily work. Cross-border workers (e.g. a NSW resident working primarily in VIC) are covered by the scheme of their primary place of employment under cross-border legislation in each state.
How long do I have to lodge a workers compensation claim?
Most states require lodgement within 6 months of becoming aware of the injury. NT and SA are also 6 months. WA is 12 months. Common-law proceedings, where available, typically have a 3-year limitation period. Time limits can be extended in limited circumstances but you should not rely on this. Speak with an admitted lawyer in your state as early as possible.
What is the difference between statutory benefits and common-law damages?
Statutory benefits are paid under the scheme automatically once the claim is accepted: weekly payments, medical expenses, and (in most states) a lump sum for permanent impairment. Common-law damages require proving employer negligence in court and access varies sharply between states. Queensland is the most claimant-friendly common-law scheme; Victoria is the most restrictive.
Why is the Queensland scheme considered the most claimant-friendly?
Queensland allows full common-law access for any work injury where employer negligence can be established, with no statutory whole-person impairment threshold. Most other states require 15%, 20% or 30% whole-person impairment before common-law damages become available. This means Queensland workers can pursue common-law damages for a broader range of injuries.
Can I be fired for lodging a workers compensation claim?
No. Adverse action against a worker for exercising a workplace right (including making a workers compensation claim) is unlawful under the Fair Work Act 2009 (Cth) and corresponding state legislation. If you believe you have been treated adversely for claiming, speak with an employment lawyer urgently – additional time limits apply.