Workers Compensation
Workers’ Compensation in Tasmania: Your Complete Guide
Getting injured at work or becoming ill because of your job in Tasmania is an understandably stressful situation. It’s not just the overwhelming nature of treatment and associated medical bills; it’s also the uncertainty of where to seek help and what to do next. Workers’ compensation in Tasmania offers a pathway forward. Itexists to provide financial, medical and rehabilitation support while you get back on your feet. With 35 years of experience in workers’ compensation law, LHD Lawyers understands that navigating the claims process for the first time can be stressful in itself. But we’re here to guide you through the process, explain your rights, and help you take the next step with confidence.
In this guide
- What is workers’ compensation in Tasmania?
- Workers’ Compensation Legislation & Governing Body
- Who is eligible to make a claim for WorkSafe in Tasmania?
- What can you claim under workers’ compensation in Tasmania?
- Workers’ Compensation Payouts & Settlements in Tasmania
- How to Make a Workers’ Compensation Claim in Tasmania (Step-by-Step)
- Common Issues That Can Delay a Workers’ Compensation Claim
- How long do you have to make a claim?
- What happens after you lodge your claim?
- How LHD Lawyers Can Help
- FAQs
What is workers’ compensation in Tasmania?
If you’re hurt or become unwell because of your job, the Tasmanian workers’ compensation system helps you get the care and support you need. It provides income payments, covers medical and rehabilitation costs, with the goal to help you recover and return to work safely. The scheme intends to ease financial stress and make sure you have access to the right treatment while you heal.
Workers’ Compensation Legislation & Governing Body in Tasmania
Workers’ compensation in Tasmania is regulated by WorkSafe Tasmania, which oversees the process to make sure injured workers are supported and treated fairly. The system runs under the Tasmanian Workers Rehabilitation and Compensation Act (1988) the legislation that sets out how claims are handled and what employers must do to meet their responsibilities. Work Safe Tasmania also works with insurers and workplaces to keep the process fair, transparent and focused on helping people recover.
This Act aims to ensure that:
- Workplace injuries are dealt with promptly, helping injured workers to return to work as soon as possible
- Fair and appropriate compensation is provided to workers for workplace injuries and illnesses
- The health, safety and welfare of workers is promoted
- There are effective mechanisms for resolving disputes relating to workers compensation in Tasmania
Who is eligible to make a claim for WorkCover in Tasmania?
Working full-time, part-time, casually or as an apprentice in Tasmania means you’re typically covered by WorkSafe Tasmania workers’ compensation scheme if you become injured or ill because of your job. In Tasmania, all industries fall under the Workers’ Rehabilitation & Compensation Act 1988, including healthcare and public service roles in Hobart, manufacturing and port work in Burnie, freight and logistics in Devonport and agricultural, retail and education workers in Launceston, to name a few.
Compensation doesn’t just apply for slips and falls at work either. Physical workplace accidents, like back injuries, breaks and strains, as well as specific psychological conditions, including those caused by bullying and harassment, may all make you eligible to claim for WorkSafe in Tasmania. The goal is to make sure that if you’re injured or become ill because of your work, you can access the treatment, income support and recovery services you need.
What can you claim under workers’ compensation in Tasmania?
WorkCover in Tasmania has two purposes: to compensate for lost income and other losses from not being able to work as a result of a workplace injury, and also to help you in your recovery. This may mean you’re eligible for more than one type of compensation to help you get back on track, including:
| Type of Support | What is Covers |
| Medical & Rehabilitation Expenses | Costs for medical appointments, such as doctor visits, hospital stays, medication, physiotherapy, psychological treatment and other approved rehabilitation services. |
| Weekly Income Payments | Weekly income payments are based on your normal weekly earnings. In Tasmania, you’ll generally receive 100% of your weekly earnings for the first 26 weeks, followed by a reduced rate depending on your capacity for work and the level of your impairment |
| Lump Sum For Permanent Impairment | A one-off payment if your injury causes lasting physical or psychological impairment after your condition has stabilised. Psychological impairments must meet specific medical criteria. |
| Return-to-Work Assistance or Vocational Rehab | Support to help you re-enter the workforce, such as retraining, workplace modifications or gradual return-to-work plans. |
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 permanent physical or psychological impairment, measuring at least 20% WPI (whole person impairment). WPI is assessed and determined by TASCAT, and employer negligence must be proven.
Workers’ Compensation Payouts & Settlements in Tasmania
‘How much can I receive under workers’ compo is often one of the first questions we receive from injured workers. It’s not a straightforward question to answer, as compensation amounts vary depending on:
- The impact on the current and future capacity of work
- Length of recovery and amount of lost earnings from not being able to work
- Severity of the injury and illness
There are also several ways workers’ compensation in Tasmania can be paid, including:
| Type of Support | What it Covers |
| Weekly Payments | Weekly compensation payouts will usually start within 7 days of a claim being accepted. |
| Medical Expenses | By providing copies of your related medical expense receipts to your employer, they can lodge them with the insurer to have you compensated for the cost. |
| Impairment Benefits | If you have a permanent injury, you may be eligible for a lump sum payment once your condition has stabilised. Claims can only be made at least 12 months after the injury occurred. |
| Work Injury Damages Payout | In the case of an injury with at least 20 percent impairment that was the result of a negligent employer, you may be eligible for a lump sum payment. |
If your workers compensation claim is successful and you’re awarded weekly compensation payments, they’ll traditionally be in line with your average pre-injury weekly wages, with this percentage usually slightly decreasing and then stabilising for the entire period you’re off work.
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 Tasmania (Step-by-Step)
Step 1: Report Your Injury
Advise your employer of your injury or illness as soon as you’re aware of your condition changing. This can be done in writing, email, or verbally under WorkSafe Tasmania’s guidelines.
Step 2: Attain a Certificate of Capacity
Book an appointment with your doctor to let them know you have had a work-related injury or illness. They will draft a Workers’ Compensation Certificate of Capacity, which outlines your condition, ability to work and to what capacity at that time.
Step 3: Lodge Your Workers’ Compensation Claim Form
Once you have your Certificate of Capacity from your doctor, you can complete a Workers’ Compensation Claim Form and submit it to your employer. They have up to three days to forward the form, along with your Certificate of Capacity to WorkSafe Tasmania. They must make without prejudice weekly compensation and medical payments to you no later than 14 days after your claim is lodged.
Step 4: Complete Any Info Requests
During the assessment period, it’s completely normal for the insurer to ask you for more information or for updated medical reports. They may request that you clarify information or arrange for you to complete independent assessments.
Step 5: Receive Your Outcome
In Tasmania, insurers have up to 27 days to accept or reject a claim, or to notify you of a delay and the expected new timeframe. If you haven’t received a decision within 74 days, liability is deemed accepted; in other words, your claim is approved under the guidelines for workers’ compensation in Tasmania.
In short, once your claim is submitted, the insurer reviews all the details and decides if it’s accepted, if they need more information, or if the claim is not eligible. This stage can take time, but it’s simply part of the process. A denied claim doesn’t mean the end of the road. Our WorkSafe TAS lawyers can help you explore your options for having your claim reviewed via the appropriate channels.
Common Issues That Can Delay a Workers’ Compensation Claim
While not ideal, it’s normal for a workers’ compensation claim in Tasmania to take some time, especially while insurers gather and review information. Most delays aren’t caused by mistakes. Sometimes, they’re simply part of the process. Some common issues include:
- The workers’ compensation claim form or first medical certificate is missing details or needs clarification.
- There’s some uncertainty around how the injury happened, so insurers may need to confirm the facts.
- The insurer is waiting on further medical reports or has a backlog of assessments to work through.
If your claim feels stuck, our Tasmanian workers’ compensation team can step in to help guide you on what’s causing the delay and what can be done next.
What does workers compensation not cover in Tasmania?
In Tasmania, there are some situations where you cannot claim workers compensation. These include:
- Injuries that occur when travelling between your home and work
- Injuries that occur during unauthorised absences from the workplace
- Injuries caused by a worker’s wilful misconduct (unless the injury results in death or serious and permanent incapacity)
- Intentionally self-inflicted injuries
How long do you have to make a claim?
If you’re injured at work in Tasmania, you have up to six months to lodge your claim with WorkSafe Tasmania. There may be some exceptions, such as if you have a gradually developing or delayed injury; however, getting in early is always best. Lodging as soon as you know about your injury helps keep your payments and medical support on track.
Even if it’s been a while since your injury, it’s still worth checking your options. That’s where speaking with our team can help get the information you need and explore your next steps.
What happens after you lodge your claim?
Once your claim reaches WorkSafe, Tasmania’s worker’s compensation authority, the waiting period can feel nerve-wracking. Once your claim is lodged, the insurer must notify you in writing within 28 days whether your claim is accepted or rejected. If they cannot make a decision within that timeframe, they must explain why and outline the steps they are taking to decide. Under the Tasmanian scheme, a final decision must be made within 84 days of you lodging your claim.
In some cases, the insurer may need additional information from you, which is completely normal and doesn’t necessarily mean the case will be rejected. This is the insurer making sure they have all the relevant information to make a decision.
If you’re unsure what your insurer’s decision means, our Tasmanian WorkSafe team can explain your options.
How LHD Lawyers Can Help
Many people who are injured at work feel like seeking legal help is out of the question. At LHD Lawyers, we not only bring the experience and compassionate approach to workers’ compensation in Tasmania, but also offer a “No Win No Fee” to make accessing support available to everyone with an eligible matter. This way, you can get the support of navigating paperwork, insurer communications and disputes, and not pay any legal fees unless your case is successful.
If you’re unsure of where to start, our team can explain your options with a free consultation.
*Conditions apply: you may still be responsible for certain costs, such as barrister or disbursement fees, even if your case is unsuccessful. Your lawyer will explain all costs clearly before you decide to proceed.
Make a Workers Compensation claim in Tasmania today
If you think you have a workers compensation claim in TAS, LHD Lawyers can help everyday Australians receive the benefits they’re entitled to. Get in touch with us today for a no obligation chat,
call 1800 455 725 or check your claim online.
You don’t have to face your claim alone. Speak with our Tasmanian workers’ compensation lawyers for free, no-obligation advice to help you move forward.
Find out more about our offices in Tas, Hobart, Burnie, Devonport and Launceston.
Author: John Abouchrouche
Original Publish Date: January 10, 2023
Last Updated: December 2, 2025
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FAQs
Still have questions?
We get it. Understanding the complexities around WorkSafe Tas can be confusing, especially when it involves superannuation, redundancy and complex injuries. Learn more about workers’ compensation in your local city in Tasmania for more information about the process and what to expect.
