Injured at work and not getting the support you deserve? You have rights.

Statutory workers compensation is a no-fault scheme — you are entitled to benefits (weekly income payments, medical expenses, and lump sum impairment payments) regardless of whether anyone was negligent, simply because you were injured at work. A common law negligence claim is a separate legal action in which you must prove that your employer (or another party) was negligent and that their negligence caused your injury. Common law claims are not available in all states and typically require a threshold level of permanent impairment to access. The advantage of a common law claim is that damages can include compensation for pain and suffering and future economic loss, which are not available under the statutory scheme.

Access to common law damages in workplace injury matters is restricted in most Australian states and requires a minimum level of permanent impairment. In New South Wales, a worker must have at least 15% whole person impairment for most injuries (with different thresholds for specific injury types). In Victoria, a "serious injury" certificate must be obtained. In Queensland, the threshold is a degree of permanent impairment assessed under a specific guide. Western Australia and other states have their own thresholds and processes. Because the rules differ significantly between states, and the threshold can affect whether a common law claim is viable at all, getting specialist advice early is essential.

A successful common law claim for workplace negligence can include damages for: past and future economic loss (lost wages and reduced earning capacity), pain and suffering and loss of enjoyment of life, past and future care and assistance needs, past medical and rehabilitation expenses (to the extent not already paid), and — in some states — loss of superannuation. There are caps on non-economic loss (pain and suffering) damages in most jurisdictions. The total amount depends on the severity of the injury, your age, your pre-injury income, and the evidence available to support each head of damage.

Employers are required to hold workers compensation insurance, report workplace injuries promptly, provide suitable duties where possible to facilitate a return to work, and not retaliate against a worker for making a compensation claim. Insurers are required to make timely decisions on claims, provide statutory benefits during the claims process, fund reasonably necessary medical and rehabilitation treatment, and follow fair dispute resolution processes. Where an employer or insurer fails in these obligations, formal complaints or legal action can be pursued. A lawyer can advise on both the compensation entitlements and any separate claim for employer breach.

The timeline varies significantly by state and by the complexity of the injury. In broad terms: a workers compensation claim should be lodged within the statutory notification period (often 6 months from injury). Permanent impairment assessments typically occur once the injury has stabilised — which may be 12–24 months post-injury. A common law claim, once the impairment threshold is reached, can take a further 1–3 years to resolve through negotiation, mediation, or litigation. Many matters settle at mediation before going to trial. Getting legal advice early — even before lodging a claim — positions you to gather evidence and meet threshold requirements as soon as they arise.

Returning to work — whether in a full or reduced capacity — can affect the weekly payments component of a workers compensation claim, as these are typically reduced when a worker earns income. However, it does not extinguish a lump sum impairment entitlement or a common law damages claim, as these are assessed based on the extent of permanent impairment and the negligence of the employer respectively. Returning to suitable duties as part of a rehabilitation plan can actually strengthen a common law claim by demonstrating ongoing limitations. A lawyer can advise on how a return to work should be managed to protect all of your entitlements.