Workers' Compensation in Canberra

Workers compensation is a type of insurance that can offer injured workers an important safety net if they are injured or become ill because of work.

If a worker is injured at work, they can lodge a claim against their employer’s mandatory insurance policy to:

• Replace loss of income

• Pay medical and rehabilitation expenses

• Compensate permanent impairment

In the tragic circumstances where a worker is killed at work, Workers Compensation insurance provides for:

• Death entitlements

• Dependant payments

• Funeral expenses

If you have been injured at work or while travelling on a work-related matter:

1. Report the incident

You need to notify your employer about your injury as soon as possible.

2. Seek medical assistance

Visit your General Practitioner or Emergency Department to seek medical attention and document the injury.

3. Provide evidence

Compile written documentation or proof of the injury and any associated expenses or losses, including but not limited to:

• Medical certificates, reports, records or test results

• Eyewitness testimony, photographs or videos of the incident or injury

• Receipts of medical expenses or associated costs

• Proof of time off work due to the injury

If the injury has made you incapacitated for work for 7 days or more, you must complete the Workers Compensation Claim Form and ask your GP to provide a Certificate of Capacity, then submit it to your employer.

Under the Workers Compensation ACT 1951, an ACT worker has the following rights:

• Right to receive weekly compensation

An injured worker has a right to receive weekly compensation from the date they give the employer notice of injury. A worker who is totally incapacitated by a work-related injury will receive their average pre-injury weekly earnings for the first 26 weeks from the date of the injury. After the first 26 weeks of incapacity, the injured worker receives a reduced amount calculated in accordance with Section 41 of the Workers Compensation Act 1951.

If a worker is partially incapacitated, they are entitled to receive the difference between their partial return-to-work earnings and their average pre-incapacity weekly earnings.

• Medical treatment and related expenses

An injured worker is entitled to receive the cost of medical treatment and other expenses relating to a compensable injury.

As an employee, you do not need to worry if your employer does not have Workers Compensation insurance. The ACT Default Insurance Fund (DIF) provides a safety net to injured workers who are left without access to Workers Compensation due to the actions of their employer.

The cost of this coverage is funded by all ACT employers who comply with the requirement to maintain a compulsory Workers Compensation insurance policy. The charge to policyholders (the DIF levy) is incorporated into the premiums paid by employers. Insurers are required to display the DIF levy amount on each premium notice.

If your Workers Compensation claim has been declined by the insurance company, or you don’t agree with the decision made by the insurer, you can challenge the decision before the ACT Industrial Court.

Legal support can assist you to lodge your application before the ACT Industrial Court.

Yes. In the ACT, injured workers are entitled to select their own treating medical practitioner. This allows continuity of care with a doctor who understands your medical history. However, some insurers may also request reports from an approved medical provider or require you to attend an Independent Medical Examination.

You may still receive entitlements if you relocate, but it’s crucial to inform your insurer and employer. Continued benefits will depend on medical certification and your participation in return-to-work activities. Additional considerations may apply if relocating affects access to treatment or suitable duties.

Yes. Casual, part-time and full-time employees are all covered under workers' compensation legislation in the ACT, provided there is an employment relationship and the injury is work-related.

If symptoms reappear or worsen, you should report the issue to your employer and treating doctor as soon as possible. A further medical certificate may be needed. Depending on the situation, the insurer may reassess your claim or require updated documentation.

Yes. The Workers' Compensation Act 1951 allows claims for psychological injuries if they are work-related and meet the criteria under the legislation. Common causes include bullying, harassment or exposure to traumatic incidents. These claims may require evidence of diagnosis and a clear connection to the workplace.