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      What is an industrial accident?

      Industrial accidents happen in places like factories, construction sites, or warehouses. They can result from a single major event, a series of smaller mishaps, or long-term exposure to hazards. Workers involved in these accidents can develop serious physical injuries, illness and psychological conditions.

      If you’ve suffered harm after an industrial accident, chances are you need financial support to help you recover. That’s where workers compensation comes in.

      A successful claim offers weekly payments to cover lost wages, medical expenses and rehab. If your injuries are more serious, you could also receive a lump sum payment or qualify for a substantial common law damages payout.

      Below, you’ll find everything you need to know about making an industrial accident claim. If you’d prefer to chat with a lawyer right away, just give us a call. Our expert team is always ready to provide free advice on your situation.

      Start your free online claim check

      Find out if you’re eligible for an industrial accident workers compensation claim today.

      Check your claim nowIt only takes 2 minutes.

      Am I eligible for an industrial accident claim?

      You can make an industrial accident claim if you’re injured or ill because of an incident at work.

      Almost all injuries and illnesses are covered, it doesn’t matter:

      • How the accident happened and who was at fault.
      • Whether you’re part-time, full-time, or casual.
      • Whether you’re a subcontractor (in most cases).
      • Whether your injury is physical or psychological (as long as it was caused or worsened by your job).

      Common examples of industrial accidents

      We’ve spent over 25 years helping workers make successful industrial injury claims. In our experience, the most common industrial accidents you can claim for include:

      • Slips, trips, and falls: often due to wet floors, uneven surfaces, or poorly maintained walkways.
      • Machine-related injuries: for example, getting caught in or struck by moving machine parts.
      • Falling objects: tools, equipment, or materials falling onto workers.
      • Exposure to harmful substances: workers exposed to chemicals, asbestos, or toxic fumes can develop respiratory issues, chemical burns, lung disease or cancer.
      • Noise exposure: prolonged or severe noise exposure can result in hearing loss or industrial deafness.
      • Electrocution: faulty wiring, improper use of equipment, or lack of protective gear can result in electrical burns, shocks, or fatalities.
      • Overexertion injuries: heavy lifting, repetitive motions, or strenuous tasks can lead to musculoskeletal disorders, back injuries, and joint damage.
      • Fires and explosions: accidents involving flammable materials or faulty equipment.
      • Vehicle-related accidents: Collisions or accidents involving forklifts, cranes, or other heavy vehicles.

      Don’t worry if your situation isn’t listed here — these are just a few examples of claims we’ve won over the years. If you’ve been injured or become ill due to an industrial accident, there’s a good chance you’re entitled to compensation. If you’re unsure whether your situation qualifies, get in touch with us today.

      Brett wins big settlement for serious industrial accident

      Brett suffered a severe knee injury at work after being pinned between a forklift and a steel skip. Despite surgeries and physiotherapy, he couldn’t fully recover and struggled to support his family on light duties.

      His initial lawyers mishandled the claim and underestimated his entitlements. When our workers compensation team stepped in, we gathered expert reports proving the severity of his condition and how his employer’s safety breaches had caused the accident. The case went to the Supreme Court where we secured Brett a $605,000 settlement plus $200,000 in legal costs.

      Read Brett’s full story here

      How much compensation will I get?

      The amount of compensation you receive depends on several factors, including the severity of your condition and whether it limits your ability to work.

      Generally speaking, your compensation can be broken down into two categories:

      Most industrial accident workers compensation claims offer these basic entitlements:

      • Weekly payments to cover lost income (up to 95% of your pre-injury earnings).
      • Hospital and medical costs.
      • Rehabilitation, counselling, and other support services.
      • Travel expenses related to your treatment.

      Weekly payments last for anywhere from 13 weeks to retirement age, depending on when your state caps benefits and the seriousness of your injuries. Throughout this period, your insurer will regularly review your situation to adjust the payment amount or determine if you’re still eligible for support.

      Once you reach the maximum number of weeks your state allows for benefit payments, they’ll generally stop. To continue receiving payments, you’ll need to meet a minimum percentage of Whole Person Impairment (WPI). This is a measure of the overall impairment caused by your condition.

      Each state has their own minimum WPI requirements — in NSW, for example, workers compensation payments will stop after 5 years unless you have 20% WPI. To find out which WPI thresholds apply in your state, head to our dedicated workers compensation page.

      Below, we’ll dive further into how WPI is used in work injury claims.

      If your injury leads to long-term problems, you might be entitled to an additional lump sum payment. To qualify, you usually need to meet your state’s minimum percentage of Whole Person Impairment (WPI).

      StateMinimum WPI threshold
      New South Wales• Physical injuries: 11%
      • Psychological injuries: 15%
      Victoria• Spinal injuries: 5%
      • Other physical injuries: 10%
      • Psychological injuries: 30%
      Queensland0%
      South Australia• Physical injuries: 5%
      • Psychological injuries: no lump sum available
      Western Australia0%
      Tasmania• Physical injuries: 5%
      • Psychological injuries: 10%
      Northern Territory5%
      Australian Capital Territory0%

      To determine your WPI, you’ll need to be assessed by medical experts familiar with your condition. It’s important to wait until your injuries have fully stabilised before getting assessed. Otherwise, your WPI might not accurately reflect the severity of your injuries, meaning you get less compensation than you’re entitled to.

      How much will I receive?

      Each state has their own method of calculating lump sum payments, based on factors like:

      • Your type of injury or condition.
      • Your WPI percentage.
      • The year you were injured.

      As a general rule, the more serious your injury, the larger lump sum you’ll receive. To learn how much you could get, head to our guide to lump sum payments in industrial accident claims.

      Your workers compensation claim is free in NSW

      In NSW, all workers compensation claims are government-funded by the Independent Review Office (IRO). That means you won’t pay a cent for our work on your industrial accident workers compensation claim.

      Learn more about how the IRO helps your claim

      What if my employer’s negligence caused the accident?

      While some industrial accidents are unavoidable, many result from unsafe conditions, faulty equipment, poor safety measures, or other kinds of employer negligence. In these cases, you may have a common law damages claim.

      To qualify for compensation, you’ll need to meet a minimum percentage of Whole Person Impairment (WPI).

      StateWPI threshold
      New South Wales15%
      Victoria30% or pass a ‘serious injury’ test
      Queensland0%
      South Australia30%
      Western Australia15%
      Tasmania20%
      Northern Territory0%
      Australian Capital Territory0%

      How much compensation will I receive?

      Unlike weekly workers compensation payments, common law claims offer significant lump sums — worth hundreds of thousands of dollars. If your injuries are severe, you could receive millions in compensation.

      Your exact compensation depends on many factors, including:

      • The severity of your injury or illness.
      • How it impacts your ability to work.
      • Your future work capacity and job prospects.

      To find out whether you’re eligible, head to our complete guide to common law damages claims or chat to our expert lawyers today.

      How much will my claim cost?

      The cost of your claim varies based on your state, the complexity of your case, and how long it takes to resolve. If you’re in NSW, we can handle your workers compensation claim at no charge. If you’re in another state or pursuing a common law damages claim, don’t worry — your claim is still completely risk-free thanks to our No Win No Fee guarantee. This means:

      • No upfront fees: we cover all costs, including expert evidence, legal fees, and admin. You only need to pay us back if we win your case. If we don’t succeed, we’ll absorb these costs.
      • Fixed fees: we provide a clear breakdown of our fees upfront, so there are no unexpected or last-minute costs.
      • Save on court costs: we aim to resolve your claim through out-of-court mediation, avoiding the stress and expense of court.
      • Lower legal fees: we usually recover most of our fees from the other party, which means you get to keep more of your compensation.
      • 30-day risk-free trial: try our services for 30 days. If you decide to cancel within this period, you won’t owe us anything.
      Find out more about our fees

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Medea Hanna
      Senior Associate
      • English
      • Workers Compensation, Comcare, Dust Disease
      View full bio
      Jamie Palivos
      Associate
      • English
      • Workers Compensation
      View full bio
      Meet more of the team

      Frequently asked questions

      You can claim for any injury that results from an industrial accident. This includes (but is absolutely not limited to):

      • Repetitive strain injuries (RSI).
      • Hearing loss or industrial deafness.
      • Respiratory illnesses.
      • Eye injuries.
      • Broken bones.
      • Fractures, sprains, or strains.
      • Burns.
      • Cuts and lacerations.
      • Loss of limb or use of a limb.
      • Head injuries.
      • Anxiety, PTSD, depression and other mental health conditions.

      Everyone deserves to be safe at work. If you’ve been injured or fallen ill due to an industrial accident, here’s what you should do:

      • Get medical help right away, even if your injuries seem minor.
      • Inform your employer as soon as possible. In many cases, you need to notify them in writing within 30 days, or your claim might be rejected.
      • Request a Medical Certificate for Compensation from your treating doctor.
      • Complete a workers compensation claim form. Your employer must provide this if you ask for it.

      Yes, time limits apply to all industrial accident claims. The exact time limit depends on the type of claim you’re making and the state you’re in.

      If you’re past your state’s time limit, there are still options available — just contact our lawyers today. We have a detailed understanding of the time limit exceptions in each state and can apply on your behalf. Over the years, we’ve successfully handled hundreds of delayed claims.

      Workers compensation claims

      In workers compensation claims, separate time limits apply to notifying your employer about your injury and starting your claim.

      StateTime limits
      NSW, QLDNotify your employer within 30 days of injury and file a claim within 6 months.
      VICNotify your employer as soon as possible and lodge a claim within 30 days of becoming aware of your injury or illness.
      WANotify your employer as soon as possible and lodge a claim within 12 months.
      SA, TAS, ACTNotify your employer as soon as possible and file a claim within 6 months.
      NTNotify your employer within 7 days and lodge a claim within 6 months.

      Common law damages

      In common law claims, your time limit depends on which state you’re in. In some states, you have three years from the date of your injury. In others, the clock starts when you realise your injury or condition was caused by your employer’s negligence. Head to our common law damages guide to find out the exact time limits that apply to you.

      If your claim is denied, you have the right to appeal the insurer’s decision.

      Your insurer must provide a notice explaining why your claim was denied. Some of the common reasons include:

      • They don’t consider you a ‘worker’ under the law.
      • They think your job wasn’t the main reason for your injury.
      • They believe your medical treatment or other expenses weren’t ‘necessary.’

      No matter why your claim was denied, once you get the notice, you can request that the insurer review their decision. As part of your request, you must provide detailed evidence that the insurer made a mistake in their decision.

      We strongly suggest getting legal advice before starting the review process, as it can be extremely complex. Our experienced lawyers have a strong track record of overturning denied claims for our work injury clients. During a free consultation, we’ll review the insurer’s decision and develop the best strategy for overturning it.

      While we’re working on your review, you might be without a steady income. Below are some options that could help ease the financial pressure:

      Temporary income support

      We suggest using your employment benefits in the following order:

      1. Sick Leave (as this is not paid out if you stop working).
      2. Annual Leave.
      3. Long Service Leave.

      Income protection

      Check if your superannuation policy includes income protection benefits. These can provide temporary relief while you’re unable to work. If you’re unsure about your income protection or super benefits, contact us. We’ll review your policy and provide a free assessment of your entitlements.

      Government unemployment benefits

      You might be eligible for government unemployment benefits like JobSeeker or the Disability Support Pension.

      Yes, you might be eligible for multiple claims related to the same injury or illness. Your entitlements will depend on factors such as your state, the severity of your condition, and your ability to return to work.

      We thoroughly assess all your potential claims as part of our complete service. In our experience, many workers with industrial accident injuries are entitled to additional claims — often worth significantly more than the value of their initial claim.

      Income protection claims

      In addition to your workers compensation claim, you might also be eligible for an income protection claim while you’re off work. This typically includes:

      • Monthly wage-replacement payments.
      • Up to 75% of your regular income, including superannuation.
      • Payments for a specified period, such as 2 years, 10 years, or until retirement age.

      Total and Permanent Disability (TPD) claims

      If your condition permanently stops you from working, you might qualify for a Total and Permanent Disability (TPD) claim. Unlike income protection payments, a TPD benefit provides a significant lump sum to support you for the long term. Many superannuation policies include TPD coverage, so you might already have this insurance without even realising it.

      See more FAQs

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      Today, after only 8 weeks, I got the best news: my claim was successful!

      Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.

      Google Posted by Cherie Mundkowski
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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

      Google Posted by Debby McDonald
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      Jamie and her team at Monaco made my tough claim easier to handle.

      My workers compensation claim was a nightmare with secondary injuries being denied, and the insurer trying to deny my claim throughout the process. Jamie and her team from Monaco Solicitors have been brilliant in their professionalism and management of my claim.

      Google Posted by Dan Luff
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      Dealing with workers comp issues? Monaco, especially Jamie and her team, can really help you out.

      I would recommend Monaco to anyone that is on workers compensation & getting screwed by the insurance company. Jamie & her team are very professional & will do everything possible to get you your entitlements in the workers compensation merry-go-round. Give them a call.

      Google Posted by Grant Towell
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      Highly recommended! I am very happy with the result.

      I am very happy with the service I received from Monaco Solicitors in regards to my worker’s compensation claim. Very professional, kept me up to date throughout my claim, with a great result at the end. I highly recommend them for your workers compensation matters.

      Google Posted by Andrew Murcott
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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

      Google Posted by Danial Anderson
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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

      Google Posted by Scott Holden
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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

      Google Posted by Sarah Pagel
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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

      Google Posted by Ellen Smith
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      I was very happy with the outcome.

      I am so grateful for the professional legal representation provided by Monaco Solicitors. Ms Medea Hanna, my solicitor was efficient, knowledgeable, compassionate and she was able to resolve my matter quickly, reaching an outcome I was very happy with.

      Google Posted by Rachel L
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      How we can help you

      We’ve helped hundreds of injured workers make successful industrial accident claims. As part of our comprehensive service, we’ll always:

      • Explain your rights and how much you can claim.
      • Ensure you receive provisional payments quickly.
      • Make sure you get the support, treatment, and time off work you need.
      • Gather strong evidence of your injury or condition to support your claim.
      • Negotiate with the insurer for you.
      • Appeal if your claim is denied or the settlement isn’t fair.
      • Find any extra entitlements, like a TPD benefit.
      • Secure compensation that covers the full impact of your condition.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $900,000

      Industrial Accident Claims
      Workers Compensation

      Injured man on Working Holiday Visa receives payout despite returning to UK

      Patrick injured himself while on a Working Holiday Visa. His employer had sent him to work for another company. The manager there set Patrick an unsafe task...

      Read more

      $605,000

      Industrial Accident Claims
      Workers Compensation

      Injured worker wins large settlement for workplace safety breach

      A workplace accident left Brett with a severe knee injury. He was put on light work duties and unable to provide for his young family. Our Workers...

      Read more

      $575,000

      Industrial Accident Claims
      Workers Compensation

      Firefighter secures separate negligence and Workers Comp payouts

      John was called out to a fire where a supervisor instructed him to move a heavy metal bar. Hydraulic lifting equipment was available on site but John...

      Read more

      $100,000

      Industrial Accident Claims
      Workers Compensation

      Man found unconscious on work trip gets lump sum compensation

      Joel was found unconscious and badly injured while on a work trip. He had several cervical spine fractures and a traumatic brain injury. Joel could not remember...

      Read more

      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

      Janette’s Story

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      Monaco got a result when other lawyers couldn’t help. “You might not trust your solicitor, but I trust mine.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

      Start your claim check online Call 1300 769 665 Email us