OHS practices - Fundamentals

Workers compensation

It is compulsory for employers to carry workers compensation insurance to cover all their workers.

Workers who have an injury or disease arising out of their employment are entitled to:

• incapacity benefits
• the cost of all reasonable medical and rehabilitation treatment
• a lump sum payment for a permanent impairment suffered
• additional rehabilitation benefits, eg retraining, workplace, vehicle and home modification where considered reasonable and necessary
• death benefits for dependents of workers killed in work accidents.

In defending a claim for compensation for injury, the employer must prove that they have taken measures to prevent injury and that all reasonable care had been taken. In other words, that the employer had met the duty of care.