WorkSafe Tasmania

WorkSafe Tasmania

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Who can claim for workers compensation

Workers compensation is compensation payable to a worker who suffers an injury or disease arising out of or in the course of the worker’s employment.

A worker may be entitled to compensation for:

  • weekly payments while incapacitated for work
  • medical and other expenses
  • rehabilitation expenses
  • permanent impairment.

In some circumstances, a worker may also be able to make a common law damages claim.

When a worker dies from a work related injury or disease, their dependants may be entitled to workers compensation. Dependants are members of the deceased worker’s family who would have been wholly or partially dependent on the earnings of the worker, had the worker not died from a work related injury or disease. Non-dependent family members can also claim for some costs. For more information refer to How to make a workers compensation claim (deceased family member).

Who is a worker

To be entitled to compensation, a person must be a worker.

A worker is someone who works under a contract of service or a training agreement. This includes casual employment. A contract does not have to be a formal, written document; it could be implied and/or a verbal agreement.

For more information about who is included and excluded from the definition of a worker, see Workers Compensation Handbook: The Basics (PDF, 295.3 KB).

When a worker is entitled to compensation

A worker is entitled to workers compensation if they suffer an injury or disease that:

  • arises out of or in the course of their employment, or
  • their employment has contributed to by a substantial degree.

Excluded injuries

Injuries suffered in the following situations are specifically excluded:

  • any injury that occurs while a worker is travelling between their home and work (unless the injury occurs during a deviation from their normal route that their employer tells, asks or authorises them to make)
  • any injury that occurs during an absence from the workplace that was not authorised, directed or requested by their employer
  • any injury that is caused by a worker’s serious or wilful misconduct (unless the injury results in their death, or serious and permanent incapacity)
  • any injury that was intentionally self-inflicted.

Disease

A worker is entitled to compensation for a disease where their work is the major or most significant factor in their disease.

Some injuries and diseases are contracted by a gradual process, or may not become apparent until sometime after initial exposure or contraction.

Industrial deafness

Industrial deafness is the permanent loss of hearing caused by a worker being exposed to industrial noise in their employment.

A worker is entitled to workers compensation for industrial deafness that occurred after 16 August 1995. They must have suffered more than 5% binaural hearing impairment due to industrial deafness since 16 August 1995.

WorkSafe Tasmania resources

How to make a workers compensation claim as a worker

Workers Compensation Handbook: The Basics (PDF, 295.3 KB)

A Guide to Workers Rehabilitation and Compensation in Tasmania (PDF, 598.0 KB)

Other resources

Worker Assist Tasmania: Advice for injured workers

Last updated: 29 January 2024
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