Key takeaways
- ACT workers compensation can pay weekly payments , medical and rehabilitation costs , a lump sum for permanent injury and death benefits for dependants.
- Full-time, part-time and casual workers are covered. Some contractors are too, depending on how they're engaged.
- The amount depends mainly on your pre-injury earnings, how long you can't work, and the level of any permanent impairment.
- Report your injury to your employer as soon as possible. Delays can affect your entitlements.
- A rejected claim can be challenged.
Workers compensation is a form of insurance that every ACT employer must hold. If you're injured or become ill because of your work, it gives you financial support and pays for your treatment while you recover. You don't need to prove your employer was at fault.
This guide explains what you can be paid, how to lodge a claim and how to get the most out of it.
Are you eligible for workers compensation?
Whether you work full-time, part-time or casually, you're generally covered if your injury or illness arose out of, or in the course of, your work.
Contractors and subcontractors may also be covered if they meet the criteria in the legislation. It depends on how the work is actually done, not just what the contract calls you. Genuine volunteers are usually not covered. If you're unsure, ask us. It's one of the first things we check.
What types of work injuries are covered?
Workers compensation covers a wide range of injuries and illnesses, including:
- Physical injuries, such as fractures, sprains, back injuries and burns
- Occupational diseases, such as asbestos and dust-related illnesses
- Psychological injuries, such as stress, anxiety, depression and PTSD
- Repetitive strain injuries that build up over time
What payouts and benefits are available?
- Weekly payments: Compensation for lost wages while you recover. The amount is based on your average weekly earnings before the injury.
- Medical expenses: Hospital, doctor and specialist visits, rehabilitation services and medication.
- Permanent impairment lump sum: A one-off payment if your injury leaves you with a permanent impairment.
- Vocational rehabilitation: Retraining or help finding other work if you can't return to your old job.
- Death benefits: Financial support for the dependants of a worker who dies because of a work-related injury or illness.
Separately, if your employer's negligence caused your injury, you may also be able to claim common law damages, which can include pain and suffering and future loss of earnings.
How to lodge a workers compensation claim in the ACT
- Report the injury. Tell your employer as soon as possible. Failing to do so may affect your entitlement to compensation.
- Get medical treatment. Ask your doctor for a medical certificate describing your injury and your capacity to work.
- Complete a claim form. Give it to your employer, who must pass it to their insurer.
- The insurer assesses your claim and decides whether to accept it.
- If it's rejected, you can challenge the decision (see below).
Time limits apply. Report your injury and lodge your claim as soon as you can. Late notice can delay payments or put your entitlements at risk. If time has already passed, get advice. There may still be options.
What affects how much you get?
- How serious your injury is
- Your average weekly earnings before the injury
- The extent of any permanent impairment
- How long you're off work or on reduced hours
For a fuller explanation, see how work injury damages are calculated.
What to do if your claim is denied
A rejection is not the final word. You have the right to challenge the decision. Usually this means:
- Asking for the reasons and having the decision reviewed by the insurer.
- Gathering further evidence, such as specialist medical reports and witness statements.
- Taking the dispute further through the formal dispute process, including court if needed.
Disputes have their own deadlines, so get advice quickly. Read more: what to do if your workers compensation claim is denied.
Tips for maximising your compensation
- Document everything: medical appointments, treatment, receipts and every letter or email with your employer and the insurer.
- Follow medical advice and attend your appointments.
- Report promptly, and keep a copy of what you lodged and when.
- Get legal advice early, before you sign anything or agree to a settlement.
The ACT workers compensation system can be complex, but knowing your rights and acting quickly makes a real difference. If you need help, talk to our workers compensation lawyers.
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