Tasmania’s Compensation Laws

Personal Injury & Workers Compensation Claims

Tasmania’s Compensation Laws

  • +

    Workers Compensation Claims

    TAS Workcover
    TAS’s state government body responsible for managing Tasmania’s workers compensation fund and overseeing workplace OH&S standards. See www.workcover.tas.gov.au.

    Click on the PDF icon to download.

    Who is entitled to a Workers Compensation Claim in the state of Tasmania?
    An individual who is identified as a worker in the state of Tasmania and they have suffered an injury in the workplace. Workers Compensation Claims are managed by WorkCover Tasmania.

    What should I do legally after my workplace injury?
    You should immediately report the injury to your employer and let them know that you have suffered a injury as a result. You then need to consult your doctor about the diagnosis of your injury/illness and obtain a medical certificate. There after you need to lodge a worker’s compensation claim with WorkCover Tasmania.

    What entitlements may I receive in compensation?
    Once your claim is accepted by WorkCover Tasmania some of your entitlements may include:
    • Payments of your wages while you are off work
    • Payments of your medical
    • Lump sum payout

    What are my limitations in Tasmania?
    You have 6 months to lodge a claim with your employer. Exceptions may be made if you are outside this period for industrial deafness cases and if you have a disease. You should lodge your claim as soon as the accident has occurred; even if you do not know the diagnosis of your injury it is still very important to lodge a claim as it may affect you in the long term.

    When should I pursue a Common Law Claim?
    Injured people who have accepted workers compensation claim should pursue a common claim when liability has been established and that the accident was not your fault and you were not partially at fault. Pursuing a Common Law Claim can compensate you for past and future losses that WorkCover Tasmania does not take into consideration.

  • +

    Motor Vehicle Accident Injury Claims

    Who is entitled to pursue a Motor Vehicle Accident Claim in Tasmania?
    An individual who has sustained an injury in a Motor Vehicle Accident in the state of Tasmania may be entitled to pursue a Motor Vehicle Accident Claim. Motor Vehicle Accidents in Tasmania are handled by the MAIB (Motor Accident Injury Board).

    What should I do after my car accident?
    1. Firstly you need to legally report the accident to the police: If the accident is not reported to the police, this will affect your ability to claim through MAIB.
    2. Report the accident to MAIB: If you are the owner of the Tasmanian vehicle or the driver then you must advise MAIB of the car accident.
    3. Make a claim with MAIB: If you have lost a significant amount financially as a result of your injury sustained in the car accident, you have to lodge a claim with MAIB.

    What entitlements may I receive in compensation?

    If you have suffered an injury arising from a Motor Accident MAIB may help with compensation for:
    a. Your Medical and rehabilitation expenses;
    b. Medical transportation such as via an Ambulance;
    c. Payment of your wages while off work;
    d. Cleaning expenses;
    e. Funeral expenses;
    f. Death benefits; and
    g. Travelling expenses

    Can I pursue a Common Law Claim?
    To be eligible to pursue a Common Law Claim you need to establish that the motor Vehicle Accident was caused by another party. Once liability is established then you may be entitled to pursue a Common Law Claim. A Common Law Claim can help assist the recovering process financially as the main aim is to get you what you have lost such as your economic loss, medical expenses and also compensate you for the pain and suffering that you have been going through in which the insurance company do not take into account.

  • +

    Public Liability Injury Claims

    Who is entitled to pursue a Public Liability Claim in Tasmania?
    You may be entitled to pursue a Public Liability Claim if you have suffered an injury in a public place in the state of Tasmania. Negligence has to found to do so.

    What should I do after my accident?
    • You should immediately advise the owner or business of where you have injured yourself and advise them that an accident has occurred and that you have sustained an injury.
    • You then need to consult your GP about your momentous injury/ illnesses whether they are physical or psychological.
    • You then need to obtain legal advice about your potential Public Liability case as they can put you on the right track to be compensated fairly and guide you along getting the compensation in which you are legal and rightfully entitled to.

    What entitlements may receive if I lodge my Claim?
    Some entitlements include:
    • Lump sum payout for permanent damage
    • Weekly wage
    • Payment of your medical costs