Workers compensation by state — schemes, benefits and common law compared
Every Australian state and territory runs its own workers compensation scheme with a different regulator, premium model and benefit cap. Compare NSW icare, Vic WorkSafe, Qld WorkCover, WorkCover WA, ReturnToWork SA, WorkSafe Tasmania, WorkSafe ACT and NT WorkSafe.
There is no national workers compensation scheme. Each Australian state and territory runs its own scheme under its own Act, with its own regulator, premium model, weekly benefit cap and common-law access. The Commonwealth's Comcare scheme covers federal public servants and a small number of self-insured national employers — for everyone else, the relevant scheme is the state where the worker is usually based.
The schemes split broadly into three structures. Centrally-funded schemes — NSW (icare), Victoria (WorkSafe), Queensland (WorkCover), South Australia (ReturnToWork SA) and Tasmania (WorkCover Board) — pool premiums into a state-managed insurer. Privately-underwritten schemes — Western Australia, the ACT and the Northern Territory — require employers to take out cover with an approved private insurer that competes on price within a regulated framework.
Weekly benefit caps, step-down points and common-law access vary widely. NSW's maximum weekly benefit is indexed and sits above $2,600/week; Victoria's is over $2,900/week. Queensland pays 85% of normal weekly earnings for the first 26 weeks. Common-law damages access is heavily restricted in all states — most require a serious-injury threshold (whole-person impairment percentage) before a damages claim can be brought.
For the plain-English explainer, see our companion guide: Workers compensation in Australia: state-by-state.
Comparison matrix
Click any column header to sort.
Scheme regulator | icare (insurance) + SIRA (regulator) icare NSW | WorkSafe Victoria WorkSafe Vic | WorkCover Queensland + Office of Industrial Relations WorkSafe Qld | WorkCover WA WorkCover WA | ReturnToWork SA ReturnToWork SA | WorkSafe Tasmania + WorkCover Tasmania Board WorkSafe Tas | WorkSafe ACT WorkSafe ACT | NT WorkSafe NT WorkSafe |
|---|---|---|---|---|---|---|---|---|
Scheme structure Whether premiums are pooled into a central state insurer or covered by approved private insurers. | Centrally funded (Nominal Insurer via icare) icare NSW | Centrally funded (WorkSafe Victoria) WorkSafe Vic | Centrally funded (WorkCover Queensland) WorkSafe Qld | Privately underwritten (approved insurers) WorkCover WA | Centrally funded (ReturnToWork SA) ReturnToWork SA | Privately underwritten (licensed insurers) WorkSafe Tas | Privately underwritten (approved insurers) WorkSafe ACT | Privately underwritten (approved insurers) NT WorkSafe |
Premium calculation basis | Industry rate × wages, experience-rated icare NSW | Industry rate × rateable remuneration, experience-rated WorkSafe Vic | Industry rate × wages, experience-rated WorkSafe Qld | Set by approved insurer within rates approved by WorkCover WA WorkCover WA | Average rate 1.85% (2026-27); industry rate × remuneration ReturnToWork SA | Set by licensed insurer; no government-controlled rate WorkSafe Tas | Set by approved insurer WorkSafe ACT | Set by approved insurer (no government-controlled rate) NT WorkSafe |
Weekly benefit maximum Indexed cap on weekly compensation payments. Confirm latest indexed amount with the regulator. | $2,604.80/wk (1 Oct 2025 - 31 Mar 2026; indexed) icare NSW | $2,930/wk (from 1 Jul 2025; indexed) WorkSafe Vic | Capped at QOTE-based maximum; verify current QOTE rate WorkSafe Qld | Verify current Prescribed Amount with WorkCover WA WorkCover WA | Verify current capped amount with ReturnToWork SA ReturnToWork SA | Verify current maximum with WorkSafe Tasmania WorkSafe Tas | Verify current cap with WorkSafe ACT WorkSafe ACT | Verify current cap with NT WorkSafe NT WorkSafe |
Step-down (full to reduced weekly benefit) When weekly payments reduce from initial higher rate. | 95% for first 13 weeks, then 80% icare NSW | 95% for first 13 weeks, then 80% to week 130 WorkSafe Vic | 85% NWE first 26 weeks; 75% NWE weeks 27-104 WorkSafe Qld | 100% for first 26 weeks, then 85% (new 2023 Act) WorkCover WA | 100% for first 52 weeks, then 80% ReturnToWork SA | 100% first 26 weeks; 95% to 78 weeks; 80% after WorkSafe Tas | 100% for first 26 weeks, then 65% of AWE WorkSafe ACT | 100% first 26 weeks; 75% NWE after NT WorkSafe |
Common law access Whether the worker can sue the employer for negligence and what threshold applies. | Yes — 15% whole person impairment (WPI) threshold for work injury damages SIRA NSW | Yes — serious injury certificate or 30% WPI required WorkSafe Vic | Yes — Notice of Assessment required; 20% DPI for damages without statutory bar WorkSafe Qld | Yes — 15%+ WPI election required WorkCover WA | Restricted — abolished for most claims; limited damages for serious injury ReturnToWork SA | Yes — restricted; 20%+ WPI threshold WorkSafe Tas | Yes — common law preserved WorkSafe ACT | Yes — restricted under Return to Work Act 1986 NT WorkSafe |
Journey claims (travel to/from work) covered? | Yes — but requires real and substantial connection to employment SIRA NSW | Generally no — restricted since 2010 reforms WorkSafe Vic | Yes — covered under Workers' Compensation and Rehabilitation Act 2003 WorkSafe Qld | Generally no — restricted WorkCover WA | Generally no — abolished ReturnToWork SA | Yes — covered WorkSafe Tas | Yes — covered WorkSafe ACT | Yes — covered (with limits) NT WorkSafe |
Governing Act | Workers Compensation Act 1987 (NSW) + Workplace Injury Management and Workers Compensation Act 1998 (NSW) NSW Legislation | Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) Vic Legislation | Workers' Compensation and Rehabilitation Act 2003 (Qld) Qld Legislation | Workers Compensation and Injury Management Act 2023 (WA) — from 1 Jul 2024 WA Legislation | Return to Work Act 2014 (SA) SA Legislation | Workers Rehabilitation and Compensation Act 1988 (Tas) Tas Legislation | Workers Compensation Act 1951 (ACT) ACT Legislation | Return to Work Act 1986 (NT) NT Legislation |
Every cell links to the cited source. Rules Mate links and summarises — it does not reproduce statutory text. Confirm with the cited regulator before relying on any cell.
Frequently asked
Is there a national workers compensation scheme?
No. Each state and territory runs its own scheme under its own Act. The Commonwealth Comcare scheme covers federal public servants and a small number of self-insured employers operating across borders (under a Comcare licence). For everyone else, the scheme of the state where the worker is usually based applies.
Which state has the highest weekly benefit cap?
Victoria's WorkSafe scheme has the highest indexed cap — around $2,930/week from 1 July 2025. NSW's icare cap sits above $2,600/week. All other states cap below those amounts. Confirm the latest indexed figure with the regulator before relying on it.
Can I sue my employer for negligence as well as claim workers comp?
In most states, common law damages are restricted by a serious-injury threshold — typically expressed as a percentage of whole-person impairment (WPI) or degree of permanent impairment (DPI). The thresholds vary: NSW 15% WPI, Victoria 30% WPI or serious-injury certificate, Queensland generally requires a Notice of Assessment, Western Australia 15% WPI. South Australia has largely abolished common law damages for work injuries.
Are journey claims (travel to and from work) covered?
It depends on the state. NSW, Queensland, Tasmania, the ACT and the Northern Territory generally cover journey claims (subject to conditions). Victoria, Western Australia and South Australia have largely abolished or heavily restricted them. Workers in those states usually need to show the journey was part of work duties, not a regular commute.
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