Personal Injury Lawyers › Workers Compensation
Workers Compensation Lawyers — Injured at Work. Know Your Rights.
If you have been injured at work or developed a work-related illness, you are entitled to workers compensation — weekly payments, medical expenses, and potentially a lump sum for permanent impairment or common law damages. Workers compensation schemes are run by each state and territory, and each scheme has its own process, entitlements, and disputes pathway. Get connected with a workers compensation lawyer who knows your state's scheme.
⚠ Workers compensation claims must be reported to your employer promptly — many schemes require notice within 30 days of the injury. Delayed reporting can jeopardise weekly payments and dispute rights. Get advice today.
What We Help With
Workers compensation — from claim lodgement to lump sum.
A workers compensation lawyer advises at every stage of a claim — from the initial report and lodgement through to disputes about liability, weekly payments, treatment approvals, and lump sum or common law compensation.
Work Injury — Physical
Back injuries, shoulder injuries, fractures, crush injuries, repetitive strain injuries, and other physical injuries caused by a workplace accident or work activities over time. Most workers compensation claims involve physical injuries sustained in the course of employment.
Psychological Injury at Work
Work-related stress, burnout, anxiety, depression, and PTSD caused by workplace bullying, harassment, excessive workload, or a traumatic workplace incident. Psychological injury claims are subject to additional requirements in some states (reasonableness of management action).
Work-Related Disease & Illness
Respiratory conditions, skin conditions, hearing loss, and other occupational diseases caused by workplace exposure. Some conditions — mesothelioma, asbestosis — have dedicated compensation pathways.
Disputed Liability & Rejected Claims
Where the insurer has rejected a claim or is disputing liability, a lawyer lodges disputes with the state workers compensation commission or tribunal, and prepares for conciliation or hearing as required.
Lump Sum Permanent Impairment Claims
Where an injury has resulted in a permanent impairment, a worker is entitled to a lump sum payment assessed against the WorkCover impairment guidelines. A lawyer ensures the assessment is conducted properly and disputes an inadequate impairment rating.
Common Law Damages (Negligence)
In most states, workers who suffer serious injuries can pursue common law damages — pain and suffering, past and future economic loss — against their employer in negligence, in addition to (or instead of) the statutory scheme entitlements.
What the Law Says
Workers compensation — how the schemes work.
Workers compensation in Australia is state-based. Each state has its own scheme, insurer arrangements, and disputes process. Commonwealth (Comcare) covers federal government employees under a separate national scheme.
Weekly payments — income replacement while unable to work
All state schemes provide weekly payments while an injured worker is unable to work. Most schemes pay a percentage of pre-injury average weekly earnings — typically 95% initially, reducing to 80% after a defined period (which varies by state). Weekly payments are subject to caps, step-down provisions, and ongoing capacity-to-work assessments. A lawyer advises on entitlement periods and challenges insurer decisions to reduce or suspend payments.
Medical and treatment expenses
Reasonable medical and treatment expenses — GP, specialist, hospital, physiotherapy, surgery, medication, and rehabilitation — are covered by the insurer throughout the claim. The insurer's approval is typically required for ongoing and expensive treatment. Disputes about treatment approvals are one of the most common sources of workers compensation disputes, and a lawyer can challenge treatment refusals through the appropriate tribunal.
Psychological injury — the management action defence
Most state schemes exclude psychological injuries caused by "reasonable management action" — performance management, warnings, restructuring, and similar employer decisions — even where the worker found the process stressful. What constitutes "reasonable" management action is a source of significant litigation. A worker whose psychological injury was caused by bullying, harassment, or an unsafe work environment (rather than legitimate management) can still claim, but needs legal help to establish the distinction.
Permanent impairment assessments
Once an injury has reached maximum medical improvement (MMI) — meaning the condition is unlikely to improve significantly — the worker is assessed for permanent impairment under the applicable guidelines. The percentage impairment rating determines the lump sum entitlement. Impairment assessors are engaged by both the worker and the insurer, and disputes about the rating are common. A lawyer advises on the assessment process and challenges an inadequate impairment rating.
Return to work obligations — both parties
Both employers and workers have return-to-work obligations under most state schemes. The employer must offer suitable duties at pre-injury (or comparable) pay if the worker can perform modified work. The worker must participate in rehabilitation and accept suitable duties offers where genuine. Unreasonable failure to comply with return-to-work obligations can affect weekly payment entitlements. A lawyer advises on what constitutes a genuine and suitable duties offer — employers sometimes offer roles that do not meet the legal requirements.
Common law claims — serious injury threshold
In most states, workers with serious injuries can pursue common law damages against their employer in addition to the statutory scheme. Common law claims require proving the employer was negligent and that the injury meets a seriousness threshold (which varies by state). Common law claims can include general damages (pain and suffering), past and future economic loss, and past and future expenses. They are typically settled at mediation or a judicial settlement conference before trial. No win, no fee applies.
How It Works
One request. Workers comp clarity.
Tell us your state, how you were injured or became ill, and where your claim is up to. A workers compensation lawyer will contact you for a free assessment.
Submit Your RequestDescribe the injury and your claim status
Tell us your state, how the injury occurred, when it happened, and whether a claim has been lodged. Note any issues with weekly payments, treatment approvals, or disputes.
Matched to a workers comp specialist
Your request is matched to a lawyer experienced in your state's workers compensation scheme — including disputes, lump sum claims, and common law damages.
Free assessment arranged
A workers compensation lawyer contacts you to assess your entitlements, identify any issues with your claim, and advise on the next steps.
Common Questions
Workers compensation — frequently asked questions.
Can I be sacked while on workers compensation?
Most states have protections preventing dismissal while an employee is absent on workers compensation for a defined period (typically 6–12 months depending on the state). After that period, employers in some states may be permitted to terminate if the worker cannot return to suitable duties. Dismissal in breach of these protections can give rise to claims for reinstatement or compensation. General protections under the Fair Work Act may also apply — for example, if the dismissal is because the employee exercised a workplace right (such as making a workers comp claim).
My workers comp claim was rejected — what do I do?
An insurer's decision to reject a claim can be disputed through the state workers compensation commission or tribunal. The process involves lodging a dispute, conciliation or conference, and potentially a formal hearing if unresolved. Time limits apply to disputes — typically 1–3 months from the decision. A lawyer advises on whether the rejection decision has legal merit, prepares the dispute, and represents you at conciliation and any hearing.
Can I also sue my employer in court?
In most states, yes — workers with serious injuries can pursue common law damages against their employer in negligence, in addition to workers compensation scheme entitlements. Common law claims require proving that the employer was negligent and that the injury meets the state's seriousness threshold. Common law damages are typically significantly larger than statutory lump sums. A lawyer assesses whether you have a viable common law claim and what it is likely to be worth.