Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
Workers' compensation or workers' comp (formerly workmen's compensation until the name was changed to make it gender-neutral) is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain". One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that, and thus to ensure security of compensation to the workers. Individual immunity is the necessary corollary to collective liability.
While plans differ among jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment.
General damage for pain and suffering, and punitive damages for employer negligence, are generally not available in workers' compensation plans, and negligence is generally not an issue in the case.

View More On
  1. tuli.tarun

    VIC Complaints to VCAT against Real Estate Agent for Breach of Contract, Misleading Information, and Compensation Demand

    Dear Brain Trust, I need some help, I have recently bought an off-the-plan property and it has 3 key issues that I want to escalate to VCAT and sue the real estate agent. My dilemma is - It is worth the effort to go VCAT path or hire a Legal expert to fight it in court Below is the extract of...
  2. S

    Compensation due to harm from Domestic violence

    I am wishing to pursue a civil claim against ex spouse due to the harm the domestic violence he perpetrated has caused. It created financial loss and led to my daughter leaving my care due to the state I was in. Does this come under personal injury? Also to DIY, what forms would I need to use to...
  3. cakeforbreakfast

    QLD Non-delivery of unique handmade carpet purchase at Auction from Lloyds.

    Non delivery of goods sold at auction I placed a bid at an online Auction for a handmade Rug. It was valued by the auctioneer as RRP$5999 specifically in the item description. I secured the winning bid for $740 + BP + shipping and insurance and made payment immediately. Some 25 days later...
  4. J

    QLD Passengers changed statement in order to claim compensation and bring charges

    Hi All, My nephew crashed his car after it hit a pothole at night when it was raining. He got injured more than the passengers (broke ribs, etc) but one of his two passengers went to hospital as well. One passenger was his step brother and the other was the step-brother's best friend. At the...
  5. J

    NSW Traffic Accident! - Hunter Valley

    I was involved in a head on collision and my Motorhome was written off. The other car came straight into my lane. Police said he was to blame, he has been fined and a Police Report has been written up. My Van is Insured for an agreed value of $66,000, although for me to get an equal replacement...
  6. S

    VIC s55 Fair Work Act (NES Protections) - EA reduces scope of redundancy scenarios but offers greater compensation

    As a result of a restructure there have been changes to my role. While the significance of those changes is a matter of dispute between myself and my employer, in the absence of the Enterprise Agreement they would certainly trigger a redundancy payment under s119 of FW Act (which only requires...
  7. R

    VIC Lawsuit against company - what happens if company is unable to pay financial compensation?

    Hello, What happens if an employee wins a case at VCAT against their employer who is a small business (for a discrimination case) & asks for financial compensation - but the employer is unable to pay?
  8. L

    Unfair dismissal financial compensation

    Hi all, I would like thoughts on this please. I was made redundant- the process of being told was handled poorly. But there was no consultation process required as I was not on an award or enterprise agreement. There were obvious redeployment opportunities at the time but I was not offered...
  9. U

    QLD Letter got lost due to sender using wrong address. Can I claim a compensation?

    Good evening. I recently had a consultation with a dentist. I brought hard copies of my Cone Beam Scan and other test results to this consultation. At the end of the consultation they did not give me any hard copies back and I only noticed this when I came home to the Sunshine Coast (dentist is...
  10. M

    Is compensation tax free?

    Hi, I am a mortgage broker and run my business through a Pty Ltd company. One of the big banks did some dodgy stuff and stole my customer, and I believe they are about to offer me compensation. The compensation is really for lost commission payments, but also could be for stress and suffering...