Workers' compensation can be received when an injury or disease was contracted or made worse during the course of employment. The type of injury or disease, and whether existing injuries or diseases are included, will depend on your location. There is different legislation set out to define when workers can receive compensation. This article will discuss when you may claim compensation for injury or disease caused by, or made worse by, employment.
New South Wales
In New South Wales, workers' compensation is payable if the employment significantly contributed to the injury. It includes disease but only if the disease was contracted whilst in employment and when the employment was the substantial contributor to the disease. It includes the worsening of an existing disease if the employment was the main cause of worsening the disease. It does not include diseases caused by dust unless the worker is employed in a mine. It also does not include the worsening of a dust disease. The definition of a dust disease is listed under the Dust Diseases Act 1942.
Victoria
In Victoria, a substantial contribution is only required in relation to a heart attack, stroke, a disease contracted during employment or a pre-existing injury or disease that has become aggravated, accelerated or caused to reoccur during employment.
Queensland
In Queensland, the employment should have been a significant factor contributing to the injury. In relation to a psychiatric or psychological disorder, the employment should be a major contributing factor.
Western Australia
In Western Australia, the injury should have occurred during the course of employment and the employment should have contributed substantially to the injury.
South Australia
In South Australia, the injury should occur during employment. In relation to psychological injuries, the employment has to be the main cause.
Tasmania
In Tasmania, the employment has to be the most substantial factor in causing a disease. Additionally, in relation to an ongoing injury, the employment needs to be the main factor in causing the injury to reoccur or become worse.
Northern Territory
Under Northern Territory, employment should be the actual cause of the disease. This includes for heart attack or stroke. For mental injury, compensation can only be claimed if the management did not use reasonable methods or act reasonably.
Australian Capital Territory
In Australian Capital Territory, the employment should be the significant cause of the injury. Injury includes physical or mental conditions. Additionally, this also includes the aggravating of existing injuries that have been caused by employment.
Share10 October 2018
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