State fairness scorecard
Does your postcode decide your protection?
A side-by-side look at six minimum protections for injured workers in each state, territory and Commonwealth scheme — and what the best in Australia looks like.
| Protection | NSW | VIC | QLD | WA | SA | TAS | ACT | NT | Cwlth | National best |
|---|---|---|---|---|---|---|---|---|---|---|
| How long weekly payments can lastIf you can't work, how long can income support continue? | Middle Usually ends at 260 weeks, unless more than 20% WPI. | Middle To 130 weeks; beyond that only with no current work capacity. | Middle Up to 5 years or until a benefit cap is reached. | Middle Limited by a prescribed amount; extensions in some cases. | Weaker Generally 2 years, unless you're a seriously injured worker (30%+ WPI). | Stronger Generally up to 9 years (longer at 30%+ WPI). | Stronger Can continue to retirement age while capacity is reduced. | Middle Reduced after 26 weeks; caps depend on your circumstances. | Stronger Can continue to pension age in some cases. | Payments continue to retirement/pension age while you have reduced capacity (ACT, Commonwealth). |
| Lump sum for permanent physical injuryHow badly hurt do you need to be to get a permanent impairment lump sum? | Weaker Must be more than 10% WPI. | Middle 10% WPI or more (5% for some spinal injuries). | Stronger Lump sum based on any assessed DPI. | Middle Based on an approved specialist's assessment. | Stronger 5% WPI or more. | Stronger 5% WPI or more. | Stronger Table of maims or WPI assessment. | Stronger 5% WPI or more. | Middle 10% WPI or more (lower for some injuries). | A lump sum from a low threshold or any assessed impairment (QLD, ACT). |
| Lump sum for psychological injuryAre psychological injuries treated as fairly as physical ones? | Middle At least 15% WPI (higher than physical). | Weaker 30% or more — much higher than physical. | Stronger Assessed like other injuries, based on DPI. | Middle Available, with assessment rules specific to psychiatric injury. | Weaker Generally no lump sum unless a seriously injured worker. | Middle 10% WPI (higher than physical). | Middle Available under the ACT assessment rules. | Middle Available, subject to the impairment threshold. | Middle 10% WPI, the same as most physical injuries. | The same or similar threshold as physical injuries. |
| Right to sue for negligenceCan you claim common law damages if your employer was negligent? | Weaker Needs 15% WPI and limited to economic loss. | Middle Needs a 'serious injury' (30% WPI or narrative test). | Stronger Available; under 20% DPI you choose lump sum or common law. | Middle Generally needs 15% WPI; 25% for full damages. | Weaker Largely limited against employers. | Middle Generally needs 20% WPI. | Stronger No minimum impairment threshold. | Weaker Largely abolished against employers. | Weaker Only limited non-economic loss claims. | Common law damages available without a minimum impairment threshold (ACT). |
| Free independent legal helpCan you get a lawyer for a dispute without paying? | Stronger IRO funds approved lawyers through ILARS for many disputes. | Middle Free conciliation; legal aid, unions and CLCs. | Weaker No dedicated funded scheme; Legal Aid and unions. | Middle WorkCover WA advisory service plus CLCs. | Middle Some legal costs may be covered under the Act. | Weaker Legal Aid, unions and CLCs only. | Weaker Legal Aid, unions and CLCs only. | Weaker Legal Aid, unions and CLCs only. | Weaker Unions, Legal Aid and ESO advocates (DVA). | Government-funded lawyers for workers' disputes, free to the worker (NSW IRO / ILARS). |
| Medical treatment after payments endIs treatment still paid for once weekly payments stop? | Middle Time limits linked to impairment and payment history. | Middle Usually 52 weeks after payments end, longer in some cases. | Weaker Generally while your claim remains open. | Middle Up to a prescribed limit, with extensions possible. | Middle 12 months after payments end (unless seriously injured). | Middle Generally 12 months after payments end. | Stronger Reasonable treatment costs covered. | Stronger Reasonable treatment and rehabilitation costs covered. | Stronger Reasonable treatment covered for accepted conditions. | Reasonable treatment for an accepted injury continues for as long as it's needed. |
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How we rate
Ratings are our simplified, general comparison of each scheme's rules against the others — not a legal assessment. Schemes are complex, rules change, and something rated "weaker" may be balanced by other benefits. Always check your state's guide and get advice about your own situation.
General information only. Rules change and depend on your circumstances. Check with your regulator or get independent legal, financial or medical advice about your situation.