Workers compensation in Australian Capital Territory
Injured workers in Australian Capital Territory are covered by the ACT private sector workers compensation scheme under the Workers Compensation Act 1951, regulated by WorkSafe ACT (Commonwealth employees are under Comcare). No-fault benefits: weekly payments, medical and rehabilitation expenses, and a lump sum for permanent impairment.
How to make the claim
Notify your employer as soon as possible and lodge the claim form with the employer, who passes it to the insurer.
Common law damages
A common law damages claim against a negligent employer has no impairment threshold in the ACT, and it runs under the Civil Law (Wrongs) Act 2002. The general limit is 3 years.
Who counts as a worker
Employees, most labour hire workers, apprentices and many contractors who are paid mainly for their own labour are covered. FIFO and remote workers are covered for injuries in the course of employment, including travel in some circumstances. Psychological injuries are covered with scheme-specific conditions.
If your claim is rejected
Every scheme has a review process with short deadlines, often measured in weeks. Get advice before the review window closes rather than after.
What you can claim
- Weekly income payments while you cannot work, at the scheme rate
- Medical, hospital, pharmaceutical and rehabilitation expenses
- A lump sum for permanent impairment once your injury is stable
- Retraining and return-to-work support
- Common law damages for economic loss (and pain and suffering where the state allows) if the employer was negligent
Evidence to keep
Claims are won on what can be proved. Keep:
- The incident report you gave your employer, and when
- Certificates of capacity from your doctor
- Names of co-workers who saw what happened
- Photos of the hazard, equipment or site conditions
- Pay slips and rosters showing your pre-injury earnings
- Every letter and decision from the insurer, with dates
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Canberra who handles workers compensation matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Do I need a lawyer for a workers compensation claim?
Not to lodge the statutory claim; most workers do that with their employer and doctor. You need one when the claim is disputed, when weekly payments are cut or stopped, when a permanent impairment assessment is coming up, and whenever a common law claim is possible. Those are the points where the money is decided.
Can I be sacked for making a claim?
No. Dismissing or disadvantaging a worker because they made a workers compensation claim is unlawful in every state, and employers have return-to-work obligations for a set period after injury.
Can I choose my own doctor?
Yes. You are entitled to be treated by the doctor of your choice. The insurer can arrange its own independent medical examination, but it cannot dictate your treating doctor.
What is a common law claim in Australian Capital Territory?
A common law damages claim against a negligent employer has no impairment threshold in the ACT, and it runs under the Civil Law (Wrongs) Act 2002. The general limit is 3 years. It is a negligence claim against the employer, run on no win no fee, and is where the largest settlements come from.
What if my injury was partly my fault?
Statutory benefits are paid regardless of fault, except for serious and wilful misconduct. In a common law claim, contributory negligence reduces the damages proportionally rather than defeating the claim.
How long do I have?
Notify your employer as soon as possible and lodge the claim form with the employer, who passes it to the insurer. Review and appeal windows after a decision are short, often 30 to 60 days.