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Injury and safety

Teacher workers' compensation and occupational violence: how to claim in every state

Hurt at school or by a student? How teacher workers' compensation works in 2026: reporting, time limits, weekly pay by state and your next steps.

✓ By the TeacherPay AU Editorial Team · fact-checked against official sources Updated 17 October 2026 7 min read
On this page (7 sections)
  1. Occupational violence: what it is and what your employer must do
  2. How to claim workers' compensation, state by state
  3. How much you get paid while off work
  4. Psychological injury claims
  5. Using sick leave while you wait
  6. Returning to work
  7. FAQs

The short answer

If you are hurt at work, including by a student, you can claim workers' compensation. Report the incident straight away (NSW: within 24 hours), see a doctor for a certificate of capacity, then lodge a claim. Weekly payments start at 95% of your average earnings in NSW and Victoria, and 100% in SA and Tasmania, then step down.

  • Psychological injuries, such as from repeated aggression or a serious incident, can be claimed as well as physical ones.
  • While a claim is decided you can use sick leave, which is usually restored if the claim is accepted.
  • Your union can help with the claim and with safety at your school.

Occupational violence: what it is and what your employer must do

Occupational violence means being hit, kicked, bitten, pushed, threatened or abused at work. In schools it most often comes from students, sometimes from parents. It is a workplace health and safety hazard like any other, and your employer has a duty to manage it, not just to respond after the event.

Victoria's Work-Related Violence in Schools policy spells this out. Principals must record work-related violence as a hazard in the school's OHS risk register, report every related hazard, incident and injury on eduSafe Plus, do a documented risk assessment where the risk is high or extreme, and record the supports given to injured staff. Other states have similar safety duties, even if their policies are worded differently.

After a violent incident: what to ask for

  • An incident report on the system (NSW: the Incident Report and Support Hotline; VIC: eduSafe Plus).
  • A review of the student's behaviour or risk management plan, and whether you were told about known risks.
  • Changes to supervision, rooming or support staff, recorded in writing.
  • Time to recover and see a doctor, without pressure to return to the same class the next period.
  • Information about counselling or employee assistance your employer offers.
  • The option of reporting a serious assault to police. That is your decision.

Work out your pay rise and back pay

⚙Your details

New pay rates

100% full-time

Default: the new rates' operative date, 9 October 2026.

When the back pay lands. Default: six weeks from today. New rates apply from the following pay.

$

E.g. a sign-on or cost-of-living payment in the agreement (gross).

Back pay owed (before tax)

$505

4.9 fortnights from 9 October 2026 to 16 December 2026 · about $344 after tax

New salary

$92,882

+3.0% on $90,177

Rise per fortnight

$104

$71 after tax

Tax on back pay

$162

32% of the lump

Back pay in hand

$344

WorkingAmount
Old pay per fortnight (Step 1)$3,468.35
New pay per fortnight (from 9 October 2026)$3,572.38
Fortnights owed4.9
Back pay on salary$505.33
One-off lump sum$0.00
Total before tax$505.33
Tax withheld (estimate)$161.71
Net back pay$343.62

What this means

From 9 October 2026 you should have been paid $104 more each fortnight. Because the new rates weren't paid yet, the difference builds up and arrives as one back payment: about $505 before tax. After that, your fortnightly take-home goes from $2,723 to $2,794.

Payroll taxes back pay at your marginal rate rather than spreading it, so roughly 32% comes off. That's your actual tax on the money: it doesn't push the rest of your salary into a higher bracket. These are the latest rates already in force: if they are on your payslip, nothing is owed. This shows what you're owed if payroll was late applying them.

Estimate only. Back pay = (new − old) fortnightly pay × fortnights between the two dates, using the pay column in force at the start of each fortnight. Tax uses the ATO marginal-rate method on your annual salary for 2026–27; back pay for an earlier financial year over $1,200 may be taxed differently and is reported as a lump sum E. Old rates: 9 October 2025 column; Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2024, verified 16 October 2026.

How to claim workers' compensation, state by state

Who handles government school teachers' claims and how to start, checked 17 October 2026
StateScheme / claims managerHow you start a claim
NSWTreasury Managed Fund, run by icare; the Department's Fund Manager decides liabilityReport within 24 hours via the Department's Incident Report and Support Hotline; get a Medical Certificate of Capacity
VICWorkSafe Victoria; Department's agent is Gallagher BassetteduSafe Plus incident report; claim form and certificate of capacity to your principal, ideally within 30 days
QLDWorkCover QueenslandWork capacity certificate from your doctor, then lodge online or call 1300 927 928; lodge within 6 months of diagnosis
WAInsurance Commission of WATell your principal; see a doctor; online claim form plus First Certificate of Capacity and any witness statements
SAReturn to Work SA schemeReport to your employer; RTWSA on 13 18 55 for scheme information
TASTasmanian Risk Management Fund (state agencies)Report to your employer; ask HR for the claim form
ACTACT Government self-insurance (Commonwealth SRC Act); claims reported to be managed by EMLReport to your manager; ask HR for the claim process
NTReturn to Work Act 1986 (NT)Report to your employer; ask HR for the claim form

SA, TAS, ACT and NT claim steps are general: we did not confirm each employer's process. The ACT arrangement is based on secondary reports.

In Victoria, the first certificate of capacity can cover up to 14 days and later ones up to 28 days. The school must send your claim to Gallagher Bassett within 10 calendar days, or 3 business days for Part A of a mental injury claim. Keep copies of everything you hand in.

How much you get paid while off work

Weekly payments are worked out on your pre-injury average weekly earnings (PIAWE, or 'normal' or 'average weekly earnings' in some states). They step down the longer you are off. The shape differs a lot between states, so don't assume the NSW rules apply to you.

Weekly workers' compensation payments by state
StateEarly weeksLaterConfidence
NSW95% of PIAWE, weeks 1-1380% from week 14 if not working (95% less earnings if working 15+ hours); generally stops after 130 weeksVerified (icare)
VIC95% of PIAWE, first 13 weeks, up to $3,000 a week (as at 1 Jul 2026)80% for weeks 14-130; overtime and shift allowances stop after 52 weeksVerified (WorkSafe)
SA100% of average weekly earnings for 52 weeks80% for the next 52 weeksVerified (RTWSA)
TAS100% of normal weekly pay for 26 weeks90% for weeks 27-78, then 80%; up to 9 years, longer with high impairmentVerified (Treasury TRMF)
QLDReported as the greater of 85% of normal weekly earnings or your agreement rate, weeks 1-26Reported as stepping down after 26 weeksUnverified
WANot confirmedUnder the 2023 Act, reported to step down to 85% after 26 weeks (13 weeks under the old Act)Unverified
NTReported as normal weekly earnings for 26 weeksReported as 75% of loss of earning capacityUnverified
ACTCommonwealth SRC Act ratesNot researchedUnverified

NSW has a maximum weekly amount that is indexed; check the current figure on the icare site. Unverified rows come from secondary sources only.

Worked example

NSW teacher at the top of the scale: weekly payments (estimate)

Salary (Step 7, from 9 Oct 2026)
$133,422
Average weekly earnings ($133,422 / 52.18)
about $2,557
Weeks 1-13 at 95%
about $2,429 a week
From week 14 at 80% (not working)
about $2,046 a week
Gap from normal pay in weeks 1-13 about $128 a week

Our estimate. Your real PIAWE may include allowances and is set by the insurer. The NSW Department lets you use sick or extended leave to top up the 95% to full pay. Weekly payments are taxed as income.

Free calculator

What does 80% of your pay look like after tax?

Put in 80% or 95% of your salary to see the take-home pay you would have while on weekly payments.

Check my take-home pay

Psychological injury claims

A psychological injury, such as anxiety, depression or post-traumatic stress after an assault or months of aggression, can be a compensable work injury. These claims are often harder and slower than physical ones, so good records matter: incident reports, emails raising concerns, and your doctor's notes.

In Victoria, Part A of a mental injury claim has to be sent on by the school within 3 business days, which is shorter than the 10-day rule for other claims. If your school is slow, follow up in writing.

Using sick leave while you wait

A claim can take weeks to decide. In NSW you use sick or extended leave while liability is pending. In Queensland the Department says you can use paid sick leave and then other leave, and balances are reinstated if the claim is accepted. In WA you take sick leave while absent. Victoria's agent has up to 28 days to accept or reject a claim, by the Department's guidance.

Sick leave balances vary by state; see teacher sick leave by state. If a claim is rejected or your leave runs out, income protection held inside your super may help, so check your fund's cover early.

Returning to work

  1. 1

    Keep your certificates current

    Weekly payments depend on a valid certificate of capacity. In Victoria later certificates cover at most 28 days, so book your GP before each runs out.

  2. 2

    Take part in return-to-work planning

    Your employer and insurer will plan suitable duties with you and your doctor. You can raise what you can and can't safely do.

  3. 3

    Ask for safety changes first

    If you were hurt by a student, ask what has changed in that student's management plan before you return to the same class.

  4. 4

    Get union help with disputes

    If a claim is rejected or payments stop, there are review and dispute steps in each scheme. Your union can help or refer you to a lawyer.

Frequently asked questions

Can teachers claim workers' compensation for being assaulted by a student?
Yes. An injury from a student assault at work is a workplace injury, physical or psychological. Report it, see a doctor for a certificate of capacity, and lodge a claim through your state's scheme.
How much is workers' compensation for teachers?
It depends on the state. NSW and Victoria pay 95% of your average weekly earnings for the first 13 weeks, then 80%. SA pays 100% for 52 weeks, then 80%. Tasmania pays 100% for 26 weeks, then 90% to week 78, then 80%.
How long do I have to report a workplace injury as a teacher?
As soon as possible. NSW Department staff should report within 24 hours through the Incident Report and Support Hotline. Victorian staff should report on eduSafe Plus within 30 days. In Queensland you generally lodge a claim within 6 months of diagnosis.
Can I claim workers' compensation for stress as a teacher?
You can claim for a psychological injury caused by work. These claims are often contested, so keep records. In NSW, income support for primary psychological injuries notified from 1 July 2026 is capped at 130 weeks.
Do I have to use my sick leave while my claim is assessed?
Usually yes, while liability is pending. In Queensland and NSW, leave used is generally restored if the claim is accepted. Check with HR how it works for you.
Who manages teacher workers' compensation claims in Victoria?
Gallagher Bassett, the Department of Education's WorkSafe agent. Your school forwards your claim form and certificate of capacity to it.
Is workers' compensation taxed?
Yes, weekly payments replace your wage and are taxed as income. Your take-home pay will be lower than your gross weekly payment.

Sources we checked · last verified 2026-10-17

  1. 1.icare NSW: Weekly payments
  2. 2.NSW DoE Teachers Handbook: Workers' compensation
  3. 3.WorkSafe Victoria: Weekly payments information
  4. 4.VIC Department of Education PAL: Lodging a workers' compensation claim
  5. 5.VIC Department of Education PAL: Work-Related Violence in Schools policy
  6. 6.QLD Department of Education: Injury management FAQ
  7. 7.WA Department of Education: Injury management and workers' compensation framework
  8. 8.Return to Work SA: Support and benefits
  9. 9.Tasmanian Treasury: Workers compensation extent of cover (TRMF)

About this page

Written and fact-checked by the TeacherPay AU Editorial Team against the enterprise agreements, awards and official pages listed in the sources. It is general information, not personal financial, tax or legal advice. Spotted something out of date? Tell us and we'll fix it, usually within a day. See our editorial policy and how we calculate.

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