Hiring your first employee? This insurance is mandatory.
Workers' Compensation isn't optional; it's the law. Every state requires it from the moment you hire staff. If your employee gets injured at work and you're not covered, you may face fines, penalties, and personal liability for their medical costs.
What could go wrong
Workers' Compensation is different from other insurance; you don't choose whether to get it. It's mandatory by law in every Australian state and territory to have an employee contract once you hire employees. Here's why:
What this actually covers
Workers' Comp
Workers Compensation is legally mandated insurance that covers:
Medical and treatment costs:
- Doctor visits, specialist appointments, scans, and tests
- Hospital treatment and surgery
- Prescription medications
- Physiotherapy, rehabilitation, and occupational therapy
- Mental health treatment (psychology, psychiatry, counselling)
- Travel expenses to medical appointments
Lost wages (weekly payments):
- Weekly payments while your employee can't work (typically 95% of their pre-injury wage for the first 13 weeks, then reduces)
- Continues until they can return to work or reach maximum compensation
- Covers partial incapacity (if they return to lighter duties at reduced hours)
Permanent impairment:
- Lump sum payments if the injury causes permanent disability
- Compensation for loss of earning capacity
- Pain and suffering compensation (varies by state)
Return to work support:
- Modified duties and workplace adjustments
- Retraining if they can't return to their original role
- Case management and rehabilitation coordination
Death benefits:
- Compensation to dependents if a workplace injury causes death
- Funeral expenses
- Ongoing support payments to spouse and children
Legal costs:
- Your legal defence if claims are disputed
- Investigation costs for fraudulent claims
- Administrative costs for claim management
State-by-state requirements
Workers' Comp is state-based legislation. Rules differ depending on where you employ people.
New South Wales
Mandatory from: First employee
Scheme: icare (government scheme)
Fines: Up to $55,000 (individual) or $220,000 (corporation)
Premium calculation: Based on wages and industry classification
Victoria
Mandatory from: First employee
Scheme: WorkSafe Victoria (government scheme)
Fines: Up to $109,000 (individual) or $545,000 (corporation)
Premium calculation: Based on wages and industry risk rating
Queensland
Mandatory from: First employee
Scheme: WorkCover Queensland (government scheme)
Fines: Up to $22,500 per offence
Premium calculation: Based on wages and industry classification
South Australia
Mandatory from: First employee
Scheme: ReturnToWorkSA (government scheme)
Fines: Up to $12,500 (individual) or $100,000 (corporation)
Premium calculation: Based on wages and industry risk rating
Western Australia
Mandatory from: First employee
Scheme: WorkCover WA (underwritten market, you choose insurers)
Fines: Up to $12,000 (individual) or $60,000 (corporation)
Premium calculation: Based on wages and industry classification
Tasmania
Mandatory from: First employee
Scheme: WorkSafe Tasmania (underwritten market, you choose insurers)
Fines: Up to $26,000 (individual) or $130,000 (corporation)
Premium calculation: Based on wages and industry risk rating
Australian Capital Territory
Mandatory from: First employee
Scheme: WorkSafe ACT (underwritten market, you choose insurers)
Fines: Up to $300,000 (individual) or $1.5M (corporation)
Premium calculation: Based on wages and industry classification
Northern Territory
Mandatory from: First employee
Scheme: NT WorkSafe (underwritten market, you choose insurers)
Fines: Up to $150,000
Premium calculation: Based on wages and industry risk rating
When you need this
Pre-launch to first year
You need this from Day 1 if:
- You hire your first employee (full-time, part-time, casual, all must be covered)
- The day before they start work (not after)
- You're paying anyone wages (not contractors, they're different)
Growing and hiring
Your costs scale with your team:
- Premiums based on total wages paid
- Higher headcount = higher premiums (but you're also earning more revenue)
- Some states offer discounts for good safety records (no claims = lower premiums over time)
Established and optimising
Optimise your Workers Comp costs:
- Review your industry classification (miscoded industries cost more)
- Implement workplace safety programs (fewer injuries = lower premiums)
- Manage claims proactively (quick return-to-work reduces costs)
- Shop around at renewal if you're in an underwritten state (WA, TAS, ACT, NT)
- Consider self-insurance if you're large enough (rare for small businesses)
Common questions
I'm hiring a contractor with an ABN, do I need Workers Comp for them?
No. True independent contractors need their own insurance.
However, be cautious: if they're a genuine employee (working the same hours, under your control, with tools provided by you), you may still be liable, even with an ABN.
Misclassifying employees as contractors can result in huge penalties.
Can I just wait until my employee starts, then get insurance?
Legally, no. You must have insurance in place before work begins. Most insurers can cover you within 24-48 hours, but don't wait until the last minute.
If something happens on Day 1 and you're not covered, you're personally liable.
What if I'm a sole trader, do I need to cover myself?
No. Sole traders can't insure themselves under Workers' Comp.
If you incorporate as a company and become a director, you can choose to opt in to Workers' Compensation coverage (recommended if you're performing physical work).
What happens if my employee makes a fraudulent claim?
The insurer investigates. If the claim is proven to be fraudulent, it will be denied. But investigations cost money and time.
Legitimate claims far outnumber fraudulent ones—don't assume every claim is fake.
Do I need Workers' Comp if my employee works from home?
Yes. Workers' Comp covers injuries sustained during work hours, regardless of the location.
If they trip over at home during work hours, it may be a potential Workers' Comp claim.
Can I cancel Workers Comp if I no longer have employees?
Yes, but notify your insurer immediately. You'll get a refund for the unused premium (pro-rata). Don't just stop paying—formally cancel the policy.