AustraliaI was injured at work and my employer says I can't claim workers compensation. Is this right?
No, your employer cannot unilaterally deny your workers compensation claim — only the relevant state or territory authority can decide eligibility after assessment.
What the Law Says
Workers compensation in Australia is governed by state and territory laws. Employers cannot refuse a claim — only the statutory authority (e.g., WorkCover NSW, WorkSafe Victoria) can determine eligibility after proper assessment.
If you're injured at work, you generally have the right to claim workers compensation regardless of who was at fault — it's a 'no-fault' system. Your employer must report the injury to their insurer, and you must notify them as soon as possible — usually within 1 working day — and lodge a formal claim with the relevant authority within strict time limits.
Each state sets its own deadlines and benefits. For example, in New South Wales, you must lodge your claim within 28 days of injury to receive full entitlements, though late claims may still be accepted under certain circumstances. Weekly payments are capped — in NSW, the maximum is $2,250 per week (as of 2024), and all reasonably necessary medical and rehabilitation expenses are fully covered.
Employers are legally required to carry workers compensation insurance and must not discourage, obstruct, or mislead injured workers about their rights. Doing so may breach statutory duties under workplace safety and compensation laws.
Statutory TextAn employer must, as soon as practicable after becoming aware of a worker’s injury, notify the insurer of the injury.
— Workplace Injury Management and Workers Compensation Act 1998 (NSW), s. 46 — Employer’s duty to notify insurer
Statutory TextA claim for compensation must be made within 28 days after the date of the injury, unless the Authority is satisfied that there is a reasonable excuse for the delay.
— Workplace Injury Management and Workers Compensation Act 1998 (NSW), s. 65(1) — Time for making claim
Statutory TextCompensation is payable in respect of an injury that arises out of or in the course of employment.
— Workplace Injury Management and Workers Compensation Act 1998 (NSW), s. 9 — Liability for compensation
What to Do
Tell your employer about the injury immediately — preferably in writing — and ask for the incident to be recorded.
Lodge a formal claim with your state’s workers compensation authority (e.g., WorkCover NSW, WorkSafe VIC) within 28 days.
Seek medical treatment and keep all records — your doctor must complete a Certificate of Capacity.
Contact your union or a free legal service (e.g., Legal Aid or Workers’ Compensation Independent Review Office) if your claim is disputed.
Do not sign any documents waiving your rights without independent legal advice.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.