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Am I eligible for workers compensation?

You are eligible for workers compensation if you’ve suffered a workplace injury or illness.

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

  • Who was at fault.
  • Whether you're a part-time, full-time, or casual worker.
  • Whether you're a subcontractor (in most cases).
  • If your injury is psychological (e.g. stress), as long as it was directly caused or aggravated by your job.

To find out more about which injuries and illnesses are covered by workers compensation, head to our complete guide.

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How much do I get paid on workers compensation?

Your weekly workers compensation payment covers lost wages and medical bills. If you’re permanently impaired, you may also receive a lump sum payout.

Most workers compensation claims include a number of basic entitlements:

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

You may receive an extra lump sum payment if your injury causes you long-term issues. In NSW, this involves having your percentage of Whole Person Impairment (WPI) assessed. If your WPI is 11% or more, you’re eligible for a lump sum payment.

Unfortunately, workers compensation claims rarely result in substantial payouts. They’re often not enough to compensate for all your pain, suffering and other losses.

At Monaco, we believe you deserve more than just basic compensation for your injuries. That’s why we find all your additional claims, including:

The exact amount of compensation depends on the facts of each case. For a more detailed estimate, speak to one of our expert lawyers about your situation.

How long do my payments last?

Weekly workers compensation payments last anywhere from 13 weeks to 5 years. During this time, the amount you receive (and whether you’re still entitled to payments) will be periodically reviewed by your insurer.

After 5 years, workers compensation payments generally cease. To continue receiving weekly payments, your degree of Whole Person Impairment must be assessed at over 20%.

Frequently asked questions

Everyone has the right to be safe at work. If you have been hurt at work we advise you to:

  • Get medical attention right away, even if your injuries seem minor.
  • Tell your employer as soon as possible. They need to be notified of your injury in writing within 30 days, or your claim may be rejected.
  • Ask your treating doctor for a Medical Certificate for Compensation.
  • Fill in a workers compensation claim form. Your employer has to provide this on request.

Remember, you are still entitled to workers compensation even if you were at fault.

The time your workers compensation claim takes depends on many factors, including how serious your injuries are, what treatment you need and — crucially — how well your claim is prepared. In general, after your condition has stabilised, most claims are completed within 12 months.

Over the decades, our expert workers compensation team has developed procedures to get your claim processed quickly. This means you can access your valuable benefits sooner, and start getting your life back on track.

You have the right to appeal a denied claim.

Your insurer must issue a notice outlining the reasons your claim was denied. At this time, you can request that the insurer review their decision.

For a successful appeal you must prove the insurer made a mistake in their decision. It’s essential to get legal advice before starting this complex process. Over the years our lawyers have successfully overturned many denied claims. In a free consultation, we will review your insurer’s decision and outline the best strategy for appeal.

Temporary income support

You may be without income while you build your appeal.

In this case, you should first access any employment benefits you have. This includes, in order:

  • Sick leave (as this is not paid out if you cease work).
  • Annual leave.
  • Long service leave.

Income protection

You may have an income protection benefit included in your superannuation policy. This provides temporary relief while you’re unable to work. If you’re unsure about income protection or your super benefits, contact us today. Our team will investigate your policy and provide a free assessment of your entitlements.

Government unemployment benefits

You may be entitled to government unemployment benefits such as JobSeeker or the Disability Support Pension.

You can receive up to 95% of your pre-injury weekly earnings.

The exact amount is based on how much you earned each week before your injury. This can include benefits like overtime and shift allowances.

In some cases, your payment will be capped at the maximum weekly compensation amount. In NSW, the maximum amount is currently $2,423.60. This amount is set by the state compensation regulator and increases annually in April and October.

If you’re still able to do some work, any income you earn will be deducted from your weekly compensation.

If you’re ‘permanently impaired,’ you may receive lump sum payment on top of your weekly wage replacement and medical benefits.

You must generally meet a minimum Whole Person Impairment (WPI) percentage to be eligible. The exact threshold depends on your state.



Minimum WPI % required


  • 11% for physical injuries.
  • 15% for psychological injuries.


  • 5% for spinal injuries.
  • 10% for other physical injuries.
  • 30% for psychological injuries.


  • 5% for physical injuries.
  • 10% for psychological injuries.


No minimum required.

Western Australia

No minimum required.


No minimum required.

For detailed information on lump sum payments, check out our extensive guide to permanent impairment claims. We cover everything you need to know: from the exact rules that apply in your state to how much compensation you could receive.

In addition to your workers compensation claim, you may also be able to sue your employer in negligence. This process is called a common law claim. With such claims, you can receive a significant pay-out, often worth hundreds of thousands (and in some cases millions) of dollars.

You may have a common law claim if:

  • Your employer was negligent and didn’t take reasonable care for your safety.
  • You cannot earn as much as you did as before.

Contact us today, and one of our expert lawyers will talk you through everything you’re entitled to.

You can legally represent yourself, but you may lose valuable entitlements if you do so. A specialist lawyer will help you find additional claims and maximise your compensation. Best of all, working with Monaco won’t cost you a cent. In NSW, the Independent Review Office (IRO) pays all our fees, so we can help you free of charge.

Engaging a workers compensation expert saves you time, effort and money.

In addition, your lawyer will:

  • Find out how much you’re eligible to claim.
  • Respond promptly to your questions and concerns.
  • Advise you on the most effective strategy for your claim.
  • Negotiate with the insurer on your behalf.
  • Gather evidence to support your claim.
  • Challenge evidence provided by the insurer.
  • Find your valuable extra entitlements, such as a TPD payout.
  • Secure you the maximum compensation.

This comprehensive service gets real results. But don’t just take our word for it—see reviews from hundreds of happy clients. To learn how we can help you, get in touch today.

See more FAQs

Act quickly — time limits apply

You must report an injury or illness to your employer when it happens (or as soon as possible). At this time, we suggest speaking to a specialist workers compensation lawyer to discuss your rights.

In NSW and Queensland, you have 6 months to file your workers compensation claim.

If you’re outside this time limit, you still have options — just speak to our lawyers today. Over the years, we’ve successfully resolved many delayed claims for our workers compensation clients.

How much does it cost to make a claim?

Absolutely nothing. Your workers compensation claim is government-funded by the Independent Review Office (IRO). That means that you will never receive a bill from us for the work that we do on your workers compensation claim.

If your impairment is permanent, you may have an additional claim such as TPD. These claims can result in substantial lump sum payments. While additional claims are not covered by the IRO, you’re still protected by our No Win No Fee guarantee.

The claims process

While each case is unique, your claim will likely move through the following steps:

After a workplace injury, it’s vital that you:

  • Report the injury to your employer
  • Get medical treatment and a ‘Certificate of Capacity’ from your doctor, and
  • Request a workers compensation claim form.

Make sure you speak to a lawyer right away. In a free consultation, we will outline your options and provide guidance if your claim has been rejected.

We’ll also apply for any immediate benefits or care you require. This includes weekly compensation benefits, cover for medical expenses and any extra support needed at home.

To better understand your injury and the impact it has on your life, we may speak to your treating doctors. We also use our national network of medical experts to build compelling evidence for your claim.

We lodge your workers compensation claim, handling all paperwork and ensuring all time limits are met.

We pursue every one of your additional entitlements. This includes a lump sum for permanent impairment, as well as negligence, Total and Permanent Disability, and income protection claims.

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
Medea Hanna
Senior Associate
  • English
  • Workers Compensation, Comcare, Dust Disease
Jamie Palivos
  • English
  • Workers Compensation
Meet more of the team

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.

4.8 out of 5
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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.


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.


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

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

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

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.


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.


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.


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.


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
Leon Monaco & Team member

Why choose Monaco

If you’re injured at work, you’re guaranteed basic compensation. While most lawyers can help you access your workers compensation benefits, our team will get you the full compensation you deserve.

Voted “Compensation Law Firm of the Year in Australia 2020”, we have the expertise to uncover every additional claim you may be entitled to, including disability, income support and negligence-based claims. Often these claims are worth significantly more than your workers compensation benefits.

The result is that you get comprehensive legal advice about where you stand and what other claims you may bring in addition to your workers compensation claim.

Learn more about us

Speak to one of our friendly lawyers

Millions won for our clients

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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.”

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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.