Assessment Of Claims

In most cases, your WorkSafe agent will be able to determine liability on your WorkSafe claim within a few days of receiving it from your employer. There are however times when the WorkSafe agent can not immediately determine liability and subsequently will undertake enquiries to assist in identifying any link between your injury or illness and your employment. In this time, your claim is held "pending".

What enquiries does a WorkSafe agent make?
Depending on the information a WorkSafe agent needs to assess and determine liability, they will explore a variety of avenues:

  • Telephone calls
  • Written requests
  • Contact (telephone or written) with your treating health practitioner/s.

In some cases, your WorkSafe agent may request:

  • that you be assessed by an independent medical examiner
  • an external investigator to provide a written report on the circumstances of your injury or illness (including statements from you, any witnesses and/or your employer).


Payment during the "pending" period
While your claim is being assessed by the WorkSafe agent, your employer is under no obligation to make any compensation payments to you.
If you are off work and not receiving a wage while your claim is being assessed, you can:

  • discuss access to sick or annual leave entitlement with your employer (obtain something in writing from your employer to say that it will be reimbursed once liability is determined)
  • apply to Centrelink for benefits. Centrelink will need to know from your employer that your claim has not yet been accepted.


If your claim is accepted, any leave you have taken may be re-credited and you'll be paid any difference between the Centrelink payments and your WorkSafe benefits.

Timeframe for assessing and determining liability
The timeframe the WorkSafe agent has to determine liability on your claim depends on the type of claim you have lodged and how lodged the claim (you or your employer).

If you are claiming:

  • any time off work, and
  • your employer initiated the claim by forwarding it to the WorkSafe agent

The WorkSafe agent must make a decision within:

  • 28 days of receiving the claim from your employer
  • If your employer fails to forward your claim in time and the WorkSafe agent receives it more than 38 days after you gave it to your employer, your claim will be deemed accepted when the WorkSafe agent receives the claim.

If you are claiming:

  • medical expenses only (no time off work)

The WorkSafe agent must make a decision within:

  • 60 days of receiving the claim from your employer

Next steps

  • If liability is accepted, your employer will be requested to make payments - see "what benefits does WorkSafe pay?"
    If liability is rejected, you can have the decision reviewed - see "what if I am unhappy with a decision about my claim?"


More Information
• How to Make a WorkSafe Claim: A Guide for Workers
• Introducing WorkSafe: A Guide for Injured Workers
• Contact your WorkSafe agent
• Contact the Advisory Service

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