Workers Compensation
Workers’ Compensation in ACT: Your Complete Guide
When you’re injured at work, the stress you experience isn’t only attributed to the injury itself; you’re also juggling financial and home stress while you try to recover. Workers’ compensation exists to help give you some financial stability while you get back on your feet. As specialised lawyers in workers’ compensation in the ACT, our team at LHD Lawyers can help you explore your options and next steps while navigating the process with ease.
In this guide
- What Is Workers’ Compensation in the ACT?
- Workers’ Compensation Legislation and Governing Body in the ACT
- Who Is Eligible to Make a Claim?
- What Can You Claim Under Workers’ Compensation in the ACT?
- Workers’ Compensation Payouts and Settlements in the ACT
- How to Make a Workers’ Compensation Claim in the ACT (Step-by-Step)
- Common Issues That Can Delay a Workers’ Compensation Claim
- How Long Do You Have to Make a Claim?
- How LHD Lawyers Can Help
- FAQ
What is Workers’ Compensation in the ACT?
ACT workers’ compensation is a system designed to provide eligible workers with additional support while they recover from a work-related injury or illness. Businesses in the ACT are required to have workers’ compensation insurance, which pays injured workers part or all of their regular earnings, as well as other benefits when a claim is made.
The reason workers’ compensation exists is to help minimise financial strain and loss if someone is injured or becomes ill as a result of their work, including covering medical treatment costs. What you’re eligible to receive depends on the injury and your capacity for work. Discussing your matter with a lawyer experienced in workers’ comp in the ACT, like LHD Lawyers, can help you explore your options and take on the next steps with ease.
Workers’ Compensation Legislation and Governing Body in the ACT
WorkSafe ACT, sometimes mistakenly called ‘WorkCover ACT’, is the organisation that oversees workers’ compensation in the territory. Injured workers typically don’t need to deal with it directly, as it operates in the background to make sure claims are handled properly and injured workers are treated fairly.
The scheme itself is supported by the Workers Compensation Act 1951 (ACT)
. While the purpose is to provide practical support when work has affected your ability to earn, accessing income support, medical care and help with recovery can involve a lot of paperwork and sometimes complex processes. At LHD Lawyers, we are backed by nationwide knowledge in workers’ compensation to help handle the paperwork and the process so you can focus on your recovery.
Who is eligible to make a claim for WorkCover in the Australian Capital Territory?
If you work for a company in some capacity in the ACT, and you become ill or injured as a result of that work, you may be eligible to make an ‘ACT WorkCover/WorkSafe’ claim. Who is eligible often covers more role types than people initially think, including:
- Full-time, part-time and casual employees.
- Apprentices and trainees.
- Fly-in-fly-out (FIFO) workers.
In some cases, contractors or volunteers may also be covered, depending on the specifics of the work and the relationship with the company. Construction workers, retail and office staff, and other employees are all covered, so you can rest easy knowing support is available.
What can you claim under workers’ compensation in ACT?
In the ACT, workers’ compensation may cover more than just immediate costs or lost wages if you’re unable to work due to a job-related injury or illness. Depending on your situation, you may be eligible to receive:
| Type of Support | What It Covers | Case Example |
| Medical and rehabilitation expenses | Costs to cover reasonable treatment related to your work injury or illness | GP visits, scans, surgery, physiotherapy or psychology |
| Weekly income payments | Income support if you cannot work or need reduced hours while recovering | Partial or full wage replacement during time off work |
| Lump sum for permanent impairment | A one-off payment if your injury results in permanent impairment | Compensation for lasting physical or psychological impact |
| Return-to-work or vocational assistance | Support to help you return to suitable work safely | Modified duties, retraining or help transitioning into a new role |
If you’re a dependent of someone who has passed away because of a workplace accident or injury, you may be eligible to claim Death Benefits. This claim type covers a lump sum and funeral benefits.
While not available directly through the Workers’ Compensation and Rehabilitation Scheme, you may be able to claim Common Law Damages if the workplace accident has resulted in a
Each of these benefits under the ACT workers’ compensation scheme is designed to help take the pressure off while you recover. If you’re not sure what you’re eligible to claim, a free online claim check can help you learn more about your options.
Workers’ Compensation Payouts & Settlements in ACT
Like other states, workers’ compensation payouts in the ACT are not a one-size-fits-all. What you are eligible to receive comes down to how serious your injury is, how it affects your ability to work, and how long your recovery takes. Each claim is looked at as unique and assessed under the WorkSafe ACT scheme by the insurer, based on medical evidence and your work situation.
There may also be more than one type of payment you’re eligible for, including:
| Payout Type | What It Looks Like | When It May Apply |
| Weekly Payments | Ongoing income support while you’re unable to work or are working reduced hours | During recovery, while a work injury or illness affects your capacity to earn |
| Lump Sum Settlement | A one-off payment for permanent injury or lasting impairment | When an injury results in long-term physical or psychological impact |
| Common Law / Work Injury Damages Claim | Compensation for losses caused by employer negligence | In limited situations where legal criteria is met under ACT law |
The specific rules around who is eligible and for which payment type is different between states, which is why having state-specific advice matters. Our Workers’ Compensation Payout Guide is a helpful resource for more information. If you’re ready for advice tailored to your injury or illness, our workers’ compensation lawyers have expertise in ACT claims and can help you navigate the process with compassion and clarity.
Here’s a breakdown of these percentages and periods for Tasmania:
| Period of time | Percentage of pre-injury income |
| First 13 weeks | 100% |
| 14 to 26 weeks | 100% |
| 27 to 52 weeks | 90% |
| 53 to 78 weeks | 90% |
| 79 weeks onwards | 80% |
While these payments can vary depending on your specific circumstances, reviewing the Workers’ Compensation Payout Guide can give you an idea of what you may be able to claim. An experienced lawyer can also help you consider all your options.
How to Make a Workers’ Compensation Claim in ACT (Step-by-Step)
Get medical treatment and a Certificate of Capacity.
Once you’re aware of your injury or illness, it’s important to see a doctor as soon as possible so they can monitor the situation, assess your capacity to work and provide you with a Certificate of Capacity outlining what duties you can perform safely, if any.
Notify your employer.
Let your employer know about the incident, and your injury or illness when it occurs. Even if your symptoms develop gradually, letting them know early can help avoid confusion or delays later on.
Complete a workers’ compensation claim form.
Your employer or their insurer will provide you with the current ACT workers’ compensation claim form. Fill this out as accurately as possible, submitting it with a copy of your Certificate of Capacity and any relevant medical reports, as well as receipts for treatment already received.
Await decision from the insurer.
You should receive a decision from the insurer within 14 days providing they don’t need further information. Even if this happens, it’s not an immediate sign your claim has been denied, and if it is, you do have options to have your claim reassessed.
Get legal advice.
Seeking out legal advice from LHD Lawyers means you can explore your options thoroughly, even ones you may not have known about or thought you were eligible to receive. We can also help if your claim is denied to assess your next steps.
Common Issues That Can Delay a Workers’ Compensation Claim
While delays in your workers’ compensation claims process can be frustrating, it doesn’t automatically mean it has been denied. Typically, holdups are to help the insurer understand your injury, including:
- Clarifying medical information, such as incomplete certificates, or to better understand your capacity for work.
- Confirming how the injury occurred, particularly for gradual injuries or psychological claims.
- Waiting for information, such as medical opinions or approvals, before a decision can be made.
The whole system is overseen by WorkSafe ACT to make sure there’s a fair outcome, which can mean delays while your information is gathered or reviewed. If you feel your claim is taking longer than expected, our Canberra and ACT team can help assess your situation and advise you of your next steps.
How Long Do You Have to Make a Claim?
In the ACT, workers’ compensation claims are expected to be lodged as soon as reasonably possible after an injury or illness occurs or is identified. Doing this early helps keep weekly payments and medical support on track, especially while details are still clear and treatment is continuing.
This being said, the system recognises that not all injuries show up straight away. Gradual injuries, psychological conditions or symptoms that worsen over time can mean delays in making a claim are unavoidable. Even if some time has passed since your injury, it’s still worth checking your options. Many people assume it’s too late when it’s not, so checking your claim with LHD Lawyers can help you know for sure.
What happens after you lodge your claim?
Once your claim is lodged, it’s normal to feel on edge while you wait to hear back. Behind the scenes, the insurer is reviewing your claim form, medical certificate and information from your employer to understand what happened and what support you may need.
It’s completely normal if the insurer reaches out to you, your employer or your doctor for more information, so don’t stress. In the ACT, a decision is normally made by the insurer within 14 days of a lodged claim, although this can be longer if they need more information.
After the insurer has reviewed your claim, they may accept it, provisionally accept while they clarify information, or decline it. Any delays are very normal and don’t mean something is wrong. However, if you are concerned, reach out to our team of ACT WorkCover/WorkSafe specialists and we can clarify any questions you may have.
How LHD Lawyers Can Help
You may be new to the ACT workers compensation process, but our lawyers aren’t. We work alongside injured workers across the ACT and Australia every day, helping ease the load by handling paperwork, insurer communications and any bumps that come up throughout the claim process. This national and local experience helps us anticipate potential problems, helping reduce stress or delays.
You don’t have to face your claim alone. Speak with our ACT workers’ compensation lawyers for free, no-obligation advice to help you move forward.
Find out more about our offices in ACT, Canberra.
Author: John Abouchrouche
Original Publish Date: January 10, 2023
Last Updated: December 2, 2025
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Have questions about how workers’ compensation may impact your superannuation or what happens if you’re made redundant? Our city guides explain more about how workers’ compensation works, including what happens when you return to work and more