1.3 Recoveries

1.3.1 Recovery roles | 1.3.2 TAC recoveries | 1.3.3 National Disability Insurance Agency (NDIA) Compensation Recoveries | 1.3.4 Negligent third parties | 1.3.5 Payments made in error| 1.3.6 Calculate GST recovery amounts

In certain circumstances, WorkSafe can:

  • recover monies for claims costs paid
  • ensure that other negligent parties contribute to the costs of WorkSafe claims.

WorkSafe is committed to ensuring Agents provide timely and efficient identification, investigation and referral processes for TAC and negligent third party recovery claims.

Types of recoveries

Recoveries can be claimed under the legislation from:

Compensation under the legislation is not payable for an injury to the extent that compensation has been received in respect of the same injury under the laws of a place other than this State (whether within or outside Australia).

When conducting recoveries, Agents must:

  • practice appropriate conduct for recovery claims arising from the death of a worker, including when obtaining information from dependants
  • adhere to the requirements of the Information Privacy Act 2000 and legislation that governs the use of personal and health information that they hold
  • avoid potential conflict of interest between the investigation of a claim and the occupation health and safety investigations that can lead to prosecution.

See: Access to Information & Privacy | Death claims | Investigations & Compliance

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1.3.1 Recovery roles

Recoveries are identified and managed by the following parties:

Recovery type Identified by Managed by




Negligent third parties

Agent / Panel firm / WorkSafe


Prior insurer contribution injury


Dual insurance

Agent / Panel firm / WorkSafe

WorkSafe (damages)
Motor vehicle accidents Agent / WorkSafe WorkSafe
Compensation paid twice

Agent / Panel firm / WorkSafe


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