Workers compensation refers to the legal obligation for employers to provide income and rehabilitation assistance to injured employees. The assistance is usually in the form of regular payments to the employee although additional lump sum payments can be awarded for employees who suffer serious and permanent injuries.

Workers compensation operates on a no-fault basis. This means that you do not need to show that your injuries were caused by your employer’s negligence or that your injuries were your employer’s fault to lodge a claim. By the same token any act on the employee’s part that might have contributed to their injuries is disregarded unless it can be shown that their injuries were the direct result of engaging in serious and wilful misconduct.

In Australia there are currently 11 workers compensation schemes comprising:

• 8 individual systems at state and territory level; and
• 3 at the Commonwealth level.

In addition to seeking compensation through these avenues some jurisdictions allow for injured employees to sue their employers privately for damages.

This Legal Guide on Workers Compensation Law provides general information about how employees can seek compensation for injuries sustained at work. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.