I've been injured at work
Workers compensation, reporting obligations, return to work, and your rights after a workplace injury.
What to do immediately
1. Get medical treatment — your health comes first. Tell the doctor the injury happened at work so it's documented as a workplace injury. 2. Report the injury to your employer as soon as possible — most states require this within 30 days, but do it immediately. 3. Your employer must record the injury in their incident register. 4. Get a workers compensation certificate of capacity from your treating doctor — this is the document that supports your claim.
Workers compensation basics
Workers compensation is insurance that covers you if you're injured at work or develop an illness because of your work. All employers in Australia must have workers comp insurance. It covers: medical and hospital expenses, rehabilitation costs, income replacement while you can't work, lump sum payments for permanent impairment, and death benefits. You don't have to prove your employer was at fault — if the injury happened at work, you're generally covered.
How to make a claim
Your employer must give you a workers compensation claim form. Fill it out and return it with your certificate of capacity from your doctor. Your employer then lodges the claim with their insurer. The insurer has a set timeframe to accept or reject the claim (usually 10-28 days depending on your state). While the claim is being decided, your employer should continue to pay you. Keep copies of all documents.
Income replacement
Workers comp pays a percentage of your pre-injury earnings while you're unable to work. The exact amount and duration varies by state: in NSW, it's 95% of pre-injury earnings for the first 13 weeks, then 80%. In Victoria, it's 95% for 13 weeks, then 80% up to 130 weeks. Your treating doctor determines your work capacity through regular reviews. Check your state's scheme for specific rates.
Return to work
Your employer has a legal obligation to help you return to work. This means offering suitable duties (modified tasks you can do with your injury), making reasonable adjustments to your workplace, consulting with you and your doctor about your recovery, and not dismissing you because of your injury. In most states, there's a protected period (usually 6-12 months) during which your employer can't terminate you because of a work-related injury.
If your claim is rejected
If the insurer rejects your claim, you have the right to dispute it. Each state has a workers compensation tribunal or commission that handles disputes. In NSW, it's the Personal Injury Commission. In Victoria, it's the Workplace Injury Commission. Get legal advice — many workers comp lawyers work on a no-win, no-fee basis. You usually have a limited time to dispute (often 3-6 months), so act quickly.
Official resources
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