Why Recovery at Work Is So Important

Recovery at work is the process of staying at work, or returning to work as soon as it is safe to do so, while recovering from a workplace injury or illness. Instead of waiting at home until fully healed, the worker performs suitable duties that are matched to their current medical capacity, with adjustments made as their recovery progresses.

Stacey Broll
Senior Rehab Consultant
June 3, 2026
Last Updated
Read Time
5 min

COntributors

Robert Migliore
Director, Actevate

Table of Contents

Upcoming Events

Recovery at work is important because the longer an injured worker stays away, the less likely they are to return. After 20 days off work the chance of ever going back is 70%, and after 70 days it falls to 35%. Staying connected through suitable duties supports faster recovery and protects mental health, which also lowers claim costs for employers.

Why Recovery at Work?

The evidence is clear: good work is good for health. Research consistently shows that the longer an injured worker stays away from work, the lower their chances of ever returning. Extended time off is associated with slower recovery, social isolation, loss of confidence, financial stress and a higher risk of developing secondary mental health conditions such as anxiety and depression.

Info: The numbers here are confronting. Research endorsed by the Royal Australasian College of Physicians, and quoted by Comcare and WorkSafe Queensland, shows that after 20 days off work a person's chance of ever returning is 70%. After 45 days it drops to 50%. After 70 days it is just 35%.

Researchers have estimated the health risk of long-term worklessness as equivalent to smoking 10 packs of cigarettes a day. In contrast, workers who remain connected to the workplace during recovery tend to heal faster, both physically and psychologically. Work provides routine, purpose, social connection and income, all of which are powerful ingredients in recovery. Doctors and workers compensation authorities across Australia now actively promote recovery at work as the preferred approach for most injuries.

Pain is one of the most common reasons a return to work stalls, and it is worth separating from capacity. More than 5.4 million Australians live with chronic pain, around one in five of us, and most are of working age (Chronic Pain Australia, 2026). The instinct is usually to wait for the pain to settle before going back, but the two do not track each other neatly. A person's tolerance for activity can improve while their pain levels stay much the same, which is why capacity is judged on what someone can safely do rather than on how much pain they are in. Duties built around that judgement, and upgraded as it shifts, are what keep a worker's skills, relationships and self-belief in place. A long absence chips away at all three.

The Benefits of Recovery at Work for Employees

For injured workers, recovering at work delivers real, measurable benefits:

  • Faster recovery: Staying active and engaged in suitable duties supports physical rehabilitation and prevents deconditioning.
  • Better mental health: Routine, purpose and social connection protect against the isolation, low mood and loss of identity that often come with extended time off.
  • Financial stability: Remaining at work, even on modified duties, helps maintain income and reduces the financial pressure that can compound stress during recovery.
  • Job security and confidence: Workers who stay connected keep their skills current, maintain relationships with colleagues and are far more likely to return to their pre-injury role.
  • A sense of control: Being an active participant in your own recovery, rather than waiting passively at home, improves outcomes and wellbeing.

‍

The Benefits of Recovery at Work for Employers

Recovery at work is not just good for the injured worker. It is one of the smartest investments an employer can make:

  • Reduced claim costs and premiums: Shorter time off work means lower workers compensation costs and better claims performance over time.
  • Retained skills and experience: Keeping an experienced worker connected, even in a modified capacity, beats recruiting and training a replacement.
  • Improved morale and culture: When employees see injured colleagues supported rather than sidelined, trust and engagement rise across the whole team.
  • Reduced absenteeism and turnover: Workplaces with strong recovery at work practices see better attendance and retention overall.
  • Legal compliance: Employers have obligations under workers compensation legislation to support injured workers and provide suitable duties where reasonably practicable. A structured program keeps you compliant.

Info: A Monash University study of an Australian claims model built on early reporting and worker-centred case management found average compensation days fell from 33.5 to 14.1, and average claim costs dropped from around $6,000 to under $4,000. The savings held across industries and injury types.

‍

What a Good Recovery at Work Plan Actually Looks Like

Here is the uncomfortable finding from the latest National Return to Work Survey: only about 6 in 10 injured workers report having a return to work plan, even though plans are strongly associated with better outcomes and smoother transitions back to work. Interestingly, far more employers believe a plan is in place than workers do, which points to a communication gap rather than a paperwork gap. A plan the worker doesn't know about is not really a plan.

It also helps to be clear about what the plan is working towards. The goal is pre-injury duties, not pre-injury capacity. Of course we want to get as close to pre-injury duties as possible, but it is not about the worker being exactly where they were before the injury. Injuries are complex.

In practice that means a pre-injury duty trial first. Once the trial is completed successfully, the next step is a pre-injury duty clearance.

A genuine recovery at work plan is specific, and the worker, the employer and the treating team have all agreed to it. It should cover:

  • Suitable duties matched to certified capacity: Real, productive tasks the worker can safely do now, based on what their doctor has certified, not a guess.
  • Agreed hours and an upgrade pathway: Where the worker starts, and how duties and hours will step up as capacity improves, confirmed with the treating practitioner at each stage.
  • A named contact: One person responsible for checking in, answering questions and adjusting the plan. Recovery stalls when nobody owns it.
  • Scheduled reviews: Set dates to review progress with the worker and their treating team, rather than waiting for something to go wrong.
  • Team communication: Agreement with the worker on what colleagues will be told, so they return to support rather than speculation.

‍

Common Myths About Recovering at Work

Myth: You should be 100 percent recovered before returning to work.
‍
Reality: Waiting for full recovery often delays it. For most injuries, safe and suitable work is part of the treatment.

Myth: Returning early risks making the injury worse.
‍
Reality: A properly designed recovery at work plan is built around medical restrictions. Duties are matched to capacity and upgraded only with the treating practitioner's support.

Myth: Light duties are demeaning or token work.
‍
Reality: Good suitable duties are meaningful and productive. They keep skills current and maintain the worker's value to the team.

Myth: It is easier for everyone if the worker just stays home.
‍
Reality: Extended absence is harder on everyone. The worker risks isolation and a longer recovery, while the employer carries higher claim costs and loses a valued team member.

Tip: The hardest part for most employers is identifying suitable duties that are genuinely meaningful. Actevate's return to work consultants work with you, your worker and their treating team to design duties matched to medical capacity, then upgrade them as recovery progresses.

Key Takeaways

Recovery at work is one of the most well-evidenced ideas in injury management. The window matters more than most employers realise, because the odds of a worker ever returning fall from 70% to 35% between day 20 and day 70 off work. Injured workers who stay connected recover faster, protect their mental health and are far more likely to return to their pre-injury role. Employers who support them see lower costs, stronger culture and a more resilient workforce.

An injury does not have to mean isolation. With the right plan, work becomes part of the recovery.

How Actevate can help

Actevate has been an approved workplace rehabilitation provider since 2006, supporting some of Australia's largest employers to get people back to work safely and sustainably.

  • Recovery at work planning: Our return to work consultants coordinate the whole process, from suitable duties design through to case conferencing with treating practitioners, for both physical and psychological injuries.
  • Catch complications early: Pathways, our digital screening solution, identifies workers whose recovery is likely to be complicated by mental health factors, so we can act before a straightforward physical claim becomes a complex psychological one.
  • Prevent the next claim: Our manual handling training and ergonomic assessments reduce the risk of injuries happening in the first place.

If you have a worker off on a claim right now, the clock in that first section is already running. Tell us about the claim and a return to work specialist will call you back within one business day. For everything else, call 1300 663 155 or get in touch.

★Key takeaways

  • Time away from work lowers the odds of returning. The chance of ever going back falls from 70% after 20 days off to 35% after 70 days.
  • Good work is part of recovery. Suitable duties matched to medical capacity support both physical and psychological healing.
  • Employers benefit as well. Shorter absences mean lower claim costs, retained skills and stronger morale across the team.
  • A plan only works if the worker knows about it. Only about 6 in 10 injured workers report having a return to work plan.

?Frequently asked questions

What is recovery at work?

❯

Recovery at work means staying at work, or returning as soon as it is safe to do so, while recovering from a workplace injury or illness. Instead of waiting at home until fully healed, the worker performs suitable duties matched to their current medical capacity, with adjustments made as recovery progresses.

Do I need to be fully recovered before returning to work?

❯

No, and waiting for full recovery often delays it. For most injuries, safe and suitable work is part of the treatment. A recovery at work plan is built around your medical restrictions, and duties are only upgraded with your treating practitioner's support.

Why does returning to work quickly matter so much?

❯

Research endorsed by the Royal Australasian College of Physicians shows the chance of an injured worker ever returning drops from 70% after 20 days off work, to 50% after 45 days, to just 35% after 70 days. The earlier a worker reconnects with the workplace, the better their odds of a full recovery.

What are suitable duties?

❯

Suitable duties are real, productive tasks a worker can safely perform based on what their doctor has certified. Good suitable duties are meaningful, keep skills current and maintain the worker's value to the team. They are not token work, and they step up as capacity improves.

Who develops a recovery at work plan?

❯

It is a joint effort between the employer, the worker, their treating practitioner and a workplace rehabilitation provider. As an approved provider, Actevate coordinates the plan, from designing suitable duties through to scheduled reviews and case conferencing, so recovery stays on track for everyone.

Actevate service overview graphic

Join 600+ leading Australian companies who trust us to prioritise employee wellbeing.

Get in touch
Not sure which service is right for you? Book a discovery call.
#returntowork
#compliance
#mentalhealth

Other resources you may like

Smiling worker in a hard hat and high-visibility vest, illustrating Australian work health and safety statistics
October 12, 2026
•
5 min
Safe Work Australia releases its Key Work Health and Safety Statistics

The national picture at a glance

Safe Work Australia released its latest Key Work Health and Safety Statistics in October 2025, during National Safe Work Month. The report brings together national data on worker deaths and serious workers compensation claims, and the figures below come from that edition.

  • 188 workers died from traumatic injuries at work in 2024
  • 146,700 serious workers compensation claims in 2023-24
  • 1.3 deaths per 100,000 workers in 2024
  • $16,300 median compensation paid on a serious claim

Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025. Median compensation is for 2022-23, the most recent finalised year.

Over the past decade the fatality rate has fallen 24%, from 1.7 to 1.3 deaths per 100,000 workers. That reduction has largely plateaued in recent years, which suggests the controls that drove earlier gains are no longer enough on their own to reduce harm further.

Serious claims tell a different story. There are 37,600 more serious claims each year than a decade ago, an increase of 34.5%. After allowing for growth in the hours Australians work, the frequency rate has risen 12.6% over the same period, to 6.8 serious claims per million hours worked.

Note: A serious claim is a workers compensation claim involving at least one working week off work. The 2023-24 claims data is preliminary and will be revised as claims are finalised, so time lost and compensation figures in this article come from 2022-23, the most recent finalised year.

Fatalities by state and territory

Chart: Worker fatalities by state or territory, 2024

  • Queensland: 53
  • New South Wales: 48
  • Western Australia: 31
  • Victoria: 28
  • South Australia: 17
  • Northern Territory: 4
  • Tasmania: 4
  • Australian Capital Territory: 3

Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025, worker fatalities by state and territory.

Queensland recorded the most worker deaths in 2024, followed by New South Wales. Raw counts largely reflect the size of each workforce, so the rate per 100,000 workers is the better measure of relative risk.

Chart: Fatality rate per 100,000 workers by state or territory, 2024

  • Northern Territory: 2.8
  • Western Australia: 1.9
  • Queensland: 1.8
  • South Australia: 1.8
  • Tasmania: 1.4
  • New South Wales: 1.1
  • Australian Capital Territory: 1.1
  • Victoria: 0.7

Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025, worker fatalities by state and territory.

On that measure the Northern Territory had the highest fatality rate, followed by Western Australia.

Info: Fatalities are counted in the state or territory where the death occurred, which is not always the jurisdiction whose WHS laws applied to the work.

The industries and jobs carrying the most risk

Chart: Fatality rate per 100,000 workers by industry, 2024

  • Agriculture, forestry and fishing: 13.7
  • Transport, postal and warehousing: 7.4
  • Mining: 3.4
  • Construction: 2.8
  • Electricity, gas, water and waste services: 2.5
  • All industries: 1.3

Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025, worker fatalities by industry.

Transport, postal and warehousing recorded the most deaths in 2024 with 54, ahead of agriculture, forestry and fishing with 44 and construction with 37. Agriculture's fatality rate is more than ten times the national rate.

Two industries moved noticeably away from their five-year averages. Mining recorded 10 deaths, 39% above its average, while manufacturing recorded 7, which is 44% below its average.

By occupation, machinery operators and drivers accounted for nearly a third of deaths (61), with a fatality rate of 6.7 per 100,000 workers, more than five times the national rate. Labourers followed with 50 deaths and a rate of 4.0.

How fatal incidents occurred

Chart: Worker fatalities by mechanism of incident, 2024

  • Vehicle incident: 42%
  • Falls from a height: 13%
  • Being hit by moving objects: 9%
  • All other mechanisms (calculated): 36%

Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025, worker fatalities by mechanism of incident. The "all other mechanisms" share is Actevate's calculation.

Vehicles remain the single largest factor in fatal incidents at work. At least one vehicle was directly involved in 124 of the 188 deaths, and half of those involved a truck. Most of them (89) were single vehicle incidents rather than collisions between vehicles.

Tip: In this data a vehicle includes far more than cars and trucks. Tractors, loaders, quad bikes, boats and aircraft are all counted, so any workplace with mobile plant is part of this picture.

Age and sex

Chart: Fatality rate per 100,000 workers by age group, 2024

  • Under 25: 0.5
  • 25 to 34: 1.6
  • 35 to 44: 0.7
  • 45 to 54: 0.9
  • 55 to 64: 1.9
  • 65 and over: 4.3

Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025, worker fatalities by age group.

Workers aged 65 and over had a fatality rate more than three times the national figure, and workers aged 45 and over accounted for 52% of all deaths. Men accounted for 96% of worker deaths in 2024, with a fatality rate of 2.4 per 100,000 compared with 0.1 for women.

Where serious injuries and illnesses happen

Chart: Serious claims by industry, 2023-24

  • Health care and social assistance: 29,100
  • Construction: 17,600
  • Manufacturing: 14,800
  • Public administration and safety: 13,600
  • Education and training: 11,100
  • Transport, postal and warehousing: 10,400

Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025, serious claims by industry (preliminary 2023-24 data).

Health care and social assistance lodged almost one in five serious claims. The four largest industries together accounted for 51.2% of serious claims while making up 36.3% of the jobs covered by workers compensation.

Once hours worked are taken into account, agriculture, forestry and fishing has the highest frequency rate at 10.0 serious claims per million hours, followed by public administration and safety (9.6), manufacturing (9.4), health care and social assistance (9.4), construction (9.3) and transport (9.0). Every one of those is well above the all-industry average of 6.8.

What causes serious claims

Chart: Serious claims by mechanism of incident, 2023-24

  • Body stressing: 34.5%
  • Falls, trips and slips: 21.8%
  • Being hit by moving objects: 16.0%
  • Mental stress: 11.5%
  • All other mechanisms (calculated): 16.2%

Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025, serious claims by mechanism of incident. The "all other mechanisms" share is Actevate's calculation.

Body stressing, which includes injuries from lifting, carrying and repetitive movement, is the most common cause of serious claims in every occupation group. Most falls happen on the same level, with falls from a height making up about a quarter of them.

Long claims drive the cost

Claims with more than 13 weeks off work made up 21.9% of all accepted claims in 2022-23, yet they accounted for 74.8% of compensation paid, or $5.4 billion. The median time lost across serious claims has also grown 35.1% in the decade to 2022-23.

Note: Claims data only shows part of the picture. The ABS work-related injuries survey found that just 30.5% of people injured at work received workers compensation, most often because the injury was seen as too minor to claim.

Mental health claims keep rising

  • 17,600 serious claims for mental health conditions in 2023-24
  • 161% increase over the past ten years
  • 35.7 weeks median time lost
  • $67,400 median compensation paid

Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025, mental health conditions claims. Time lost and compensation are for 2022-23.

Mental health conditions now account for 12% of all serious claims. Claims rose by 2,300 in a single year, an increase of 14.7%, and no other type of injury or disease has grown as much over the past decade.

Chart: Median weeks off work by type of injury or disease, 2022-23

  • Mental health conditions: 35.7 weeks
  • Musculoskeletal and connective tissue diseases: 12.9 weeks
  • Fractures: 10.0 weeks
  • Traumatic joint, ligament and muscle injury: 7.4 weeks
  • Wounds, lacerations and internal organ damage: 3.6 weeks

Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025, serious claims by nature of injury or disease.

A mental health claim typically keeps someone away from work almost five times longer than the median serious claim, and costs more than four times as much in compensation.

Chart: Most common causes of mental stress claims, 2023-24

  • Harassment or workplace bullying: 33.2%
  • Work pressure: 24.2%
  • Exposure to violence and harassment: 15.7%

Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025, mental stress serious claims.

Each of those causes is a recognised psychosocial hazard that employers are required to identify and control. Women are more affected, with mental health conditions making up 17.2% of serious claims by women compared with 8.2% for men.

Info: Diseases and conditions, including mental health conditions, made up 33.5% of serious claims in 2023-24, up from 26.1% a decade earlier. The make-up of workplace harm is shifting from sudden injury towards conditions that develop over time.

Injuries are more serious later in working life

Trend: Serious claims per million hours worked by age group, 2023-24

  • Under 25: 6.4
  • 25 to 34: 5.8
  • 35 to 44: 5.8
  • 45 to 54: 7.2
  • 55 to 64: 9.5
  • 65+: 10.0

Source: Safe Work Australia, Key Work Health and Safety Statistics Australia 2025, serious claims by age group.

The serious claim frequency rate is highest among workers aged 55 and over, and both time lost and compensation rise with age. Median time lost grows from 4.0 weeks for workers under 25 to more than 10 weeks for workers aged 55 and over.

ABS survey data suggests mature-age workers are less likely to be injured at work overall, but more likely to be seriously injured when an incident does happen. With Australia's workforce ageing, their share of claims has grown steadily over the past decade.

What the numbers look like in a 200-person workplace

National rates are easier to act on when they are scaled to a workforce you recognise. Safe Work Australia's incidence rate counts the serious claims lodged each year for every 1,000 jobs covered by workers compensation, and across all industries it sits at 10.9. For a business with 200 workers, that works out to about two serious claims a year.

Chart: Expected serious claims a year for a 200-person workforce (calculated)

  • Agriculture, forestry and fishing: 3.8
  • Construction: 3.5
  • Manufacturing: 3.4
  • Public administration and safety: 3.3
  • Transport, postal and warehousing: 3.2
  • Health care and social assistance: 2.7
  • All industries: 2.2
  • Education and training: 1.8
  • Retail trade: 1.5

Source: Actevate calculation from Safe Work Australia's 2023-24 serious claim incidence rates by industry (claims per 1,000 jobs, multiplied by 0.2).

Industry alone can more than double that expectation. On the national rates, a 200-person construction or manufacturing business would expect three to four serious claims a year, compared with about one and a half in retail.

Note: These figures show what is typical for an industry. Your own claims history remains the better guide to your own risk.

The claims that set your costs

Most of those claims will resolve within a few weeks. The ones that shape your costs are the claims that run past 13 weeks, which make up about one in five claims nationally but around three quarters of all compensation paid.

A single mental health claim shows why. At the national median of 35.7 weeks off work and $67,400 in compensation, it costs more than four typical serious claims combined. The first few weeks of any claim are where an employer has the most influence, because early contact and suitable duties are what stop a claim from moving into that long tail.

Why an ageing workforce or mobile plant changes your numbers

Two factors cut across every industry in the data. Workers aged 55 and over lodge serious claims at more than one and a half times the rate of workers aged 25 to 44, and take longer to recover, so an ageing workforce raises the expected cost of every claim. Separately, any site with tractors, loaders, trucks or other mobile plant carries the risk behind two in three worker deaths, whatever industry it sits in.

Tip: Run the same sum on your own numbers. Divide your serious claims last year by your headcount and multiply by 1,000, then compare the result with your industry's incidence rate in the Safe Work Australia report.

How Actevate can help

Actevate supports employers across the whole employee lifecycle. Our pre-employment health assessments match workers to the demands of their role, our return to work services help injured workers recover and return sooner, and our mental health training and Employee Assistance Program help you manage psychosocial risk before it becomes a claim. To talk through what the data means for your workplace, call 1300 663 155 or get in touch.

Sources

Disclaimer

This article is general information only and does not constitute legal or health and safety advice. Figures are drawn from Safe Work Australia's Key Work Health and Safety Statistics Australia 2025, the latest release as at 12 October 2026. Claims data for 2023-24 is preliminary and may be revised. Percentages and figures marked as calculated, and the charts, are Actevate's own analysis and presentation of that data. Safe Work Australia has not reviewed or endorsed this article.

All
#compliance
#mentalhealth
October 6, 2026
•
5 min
Safe Work Australia data shows WHS penalties at a record high

2025 at a glance

Safe Work Australia updates its WHS prosecutions dashboard each year, drawing on public reports of criminal prosecutions under WHS laws across every Australian jurisdiction since 1 January 2020. The 2025 figures were released in September 2026, and the three headline numbers below are the ones Safe Work Australia announced.

  • 308 WHS prosecutions in 2025, down from 321 in 2024.
  • $147,985 average financial penalty per prosecution, up 33% on 2024 and the highest annual average recorded.
  • 99% of prosecutions resulted in a financial penalty.

The fall in prosecutions is the first after four consecutive years of increases, which on its own reads as good news. The penalty figures tell a different story, because the average financial penalty is now the highest annual average recorded.

Chart: Most common industry divisions among defendants in 2025

  • Construction: 43%
  • Manufacturing: 20%
  • Mining: 6%
  • All other industries (calculated): 31%

The mix has shifted since last year. In the 2024 data the top three industries were construction, manufacturing, and transport, postal and warehousing. In 2025, mining has taken third place.

Note: Each defendant is recorded separately in the data, so a single incident can appear more than once. Safe Work Australia compiles the figures from publicly available information on regulators' websites.

Year-by-year trends

A small drop in case numbers says very little about your own exposure. The year-by-year figures on Safe Work Australia's dashboard show where enforcement has been heading since 2020. Unless stated otherwise, figures in this section and the next are read from the dashboard as at 6 October 2026.

Prosecution volumes

Trend: Number of prosecutions per year

  • 2020: 203
  • 2021: 273
  • 2022: 285
  • 2023: 309
  • 2024: 321
  • 2025: 308

Prosecutions rose for four consecutive years, from 203 in 2020 to 321 in 2024, an increase of 58%. The 2025 figure of 308 is the first fall in the data. It is 4% lower than the peak and still the third highest year.

Financial penalty rate

Trend: Share of prosecutions that resulted in a financial penalty

  • 2023: 97%
  • 2024: 98%
  • 2025: 99%

Despite the drop in cases, almost every prosecution recorded results in a financial penalty, and the share has edged up each year. These three figures are the ones Safe Work Australia reported in its September 2026 announcement. The dashboard only records prosecutions that resulted in a finding of guilt, so the figures show that a guilty outcome almost always comes with a financial penalty.

Total penalties

Trend: Total financial penalty per year

  • 2020: $26.67M
  • 2021: $27.77M
  • 2022: $32.29M
  • 2023: $40.34M
  • 2024: $34.95M
  • 2025: $44.99M

The total financial penalty for 2025 was $44.99 million. That is the highest annual total in the data and 29% more than in 2024, from 13 fewer prosecutions.

Average penalty

Trend: Average financial penalty per year

  • 2020: $136.76K
  • 2021: $104.02K
  • 2022: $117.86K
  • 2023: $134.9K
  • 2024: $111.65K
  • 2025: $146.54K

Note: The dashboard currently shows a 2025 average of $146.54K, slightly below the $147,985 that Safe Work Australia announced in September 2026 and that is quoted at the top of this article. On the dashboard figures, the 2025 average is about 31% higher than in 2024.

The average has moved up and down from year to year, with dips in 2021 and 2024. The 2025 figure is the first to pass the previous high set in 2020.

Fatal injury level

Trend: Number of prosecutions where the highest injury level was fatal

  • 2020: 42
  • 2021: 50
  • 2022: 46
  • 2023: 46
  • 2024: 50
  • 2025: 53

In 2025, 53 prosecutions were recorded with a highest injury level of fatal, the most in any year of the data. Prosecutions with a highest injury level of none have also grown, from 17% of the total in 2020 to 26% in 2025, after reaching about 30% in 2023 and 2024.

Note: These figures count prosecutions, not deaths. Each defendant is recorded separately, so one incident can appear more than once, and Safe Work Australia says the data should not be relied on to count the worker deaths or injuries prosecuted each year.

Info: Construction and manufacturing have remained the most common industry divisions among defendants since data collection began in 2020. If you operate in either sector, regulators already know where to look.

Six-year view

Combined, the six years of data say a lot about who is prosecuted and why.

  • 1,699 prosecutions recorded from 2020 to 2025.
  • $207M total financial penalty.
  • $125K average financial penalty from 2020 to 2025.

Highest injury level

Chart: Number of prosecutions by highest injury level, 2020 to 2025

  • Serious: 856
  • None: 426
  • Fatal: 287
  • Unknown: 76
  • Minor: 54

One in four of these prosecutions recorded a highest injury level of none. Safe Work Australia uses that label where there was no injury or other direct impact on a worker, for example where an inspection identified a failure but no injury was caused. A further 287 prosecutions, about 17% of the total, recorded a highest injury level of fatal.

Info: As a guide, Safe Work Australia treats an injury as serious where, for example, it requires hospitalisation for more than a day or results in a fracture of a major bone. Half of all recorded prosecutions had a highest injury level of serious.

Plea

Chart: Number of prosecutions by plea, 2020 to 2025

  • Guilty: 80.8%
  • Unknown: 17.2%
  • Not guilty (calculated): 2.1%

Four in five defendants pleaded guilty. The recorded share of guilty pleas has fallen from 93% in 2020 to 72% in 2025, but that mostly reflects more pleas being recorded as unknown, which rose from 4% to 27% over the same period. Not guilty pleas have stayed in single figures every year.

Category of main offence

Chart: Number of prosecutions by category of main offence, 2020 to 2025

  • Category 1: recklessly expose a person to risk of death or serious injury/illness: 39
  • Category 2: fail to comply exposes a person to risk of death or serious injury/illness: 730
  • Category 3: fail to comply: 52
  • Not applicable: 871
  • Unknown: 7

Very few offences sat at the most serious level. Only 39 prosecutions were Category 1 offences, where a duty holder recklessly or with gross negligence exposes a person to a risk of death or serious injury or illness. Ten of those were in 2025, the most in any year and double the number in 2024.

Where a category is recorded, about 95% of prosecutions were Category 2 or Category 3 offences, which involve a failure to comply with a health and safety duty, and Category 1 offences made up about 5%. Another 871 prosecutions are recorded as not applicable, which Safe Work Australia uses for jurisdictions that had not implemented the model WHS laws in the year of prosecution.

Industry of defendant

Construction has recorded the most prosecutions in every year of the data, with manufacturing second each time. Across the full six years, the dashboard lists transport, postal and warehousing third, ahead of electricity, gas, water and waste services and then agriculture, forestry and fishing.

Note: The dashboard only records prosecutions that resulted in a finding of guilt, and it relies on what each regulator publishes. Safe Work Australia cautions that the data is limited by what is publicly available and should not be relied on for research or other purposes.

Limits of the data

The figures in this article are totals across all WHS offences, and they are not split by the type of hazard involved. The industries that dominate the 2025 numbers are also the traditional settings for physical injury, so it would be a mistake to read the data as proof that psychosocial enforcement is either surging or absent.

What the numbers do show is the direction of enforcement, with a financial penalty in almost every case and a record average in 2025.

Psychosocial risk outlook

The link to psychosocial risk comes from timing. Codes of practice have been legally binding in NSW since 1 July 2026, including the Managing Psychosocial Hazards at Work Code of Practice, so employers are now expected to show how they identify, assess, control and review psychosocial hazards on an ongoing basis.

At the same time, a tool many organisations leaned on has been switched off. People at Work, the free psychosocial risk assessment survey funded by Australian WHS regulators and used by more than 160,000 workers since 2020, closed to users on 2 October 2026.

Note: An organisation-wide survey score was never the whole picture. Psychosocial pressure tends to build in particular teams and under particular leaders, so the evidence that counts shows where a hazard sits and what was done about it.

Implications for officers and boards

Under WHS laws, officers have a personal duty to exercise due diligence. That duty is about more than receiving reports. It asks officers to understand the risks in their business and to verify that the controls for those risks are being used.

That distinction is important in a prosecution. A documented procedure shows what was meant to happen, while the evidence a court looks for is what happened on the day.

An average penalty of $147,985 that grew by about a third in a single year is also an enterprise risk. That puts WHS in front of the board and the audit committee, and it can no longer sit only with the people and culture team.

Questions worth asking at your next leadership meeting include:

  • Which of our risks could kill or seriously injure someone, and who owns each one?
  • When did we last check that the controls for those risks were working on site, and not only written down?
  • Do our board or executive reports show control effectiveness, or only incident counts?
  • How do concerns raised by workers and contractors reach the people who can act on them?
  • Can we name our psychosocial hazards in the terms the Code uses, such as high job demands and low job control?
  • Do we know which teams those hazards are concentrated in, beyond the organisation-wide average?
  • Could we show a regulator a record of identifying, controlling and reviewing each one?

Tip: SafeWork NSW has published a free officer due diligence self-assessment tool. It is a quick way to see which records a regulator would expect your leadership team to produce.

Recommended next step

October is National Safe Work Month, which makes it a natural time to put this data in front of your leadership team. Pick one critical risk, trace it from the risk register to the worksite, and see whether the control you rely on is in place and understood by the people doing the work.

That single exercise will tell you more about your due diligence position than a year of lagging indicators.

How Actevate can help

Actevate helps organisations manage risk across the entire employee lifecycle, from pre-employment through to injury management and return to work. If the data has raised questions about your own systems, call 1300 663 155 or get in touch.

Sources

Disclaimer

This article is general information only and does not constitute legal or health and safety advice. The data is sourced from Safe Work Australia's WHS prosecutions dashboard and related publications, as available on 6 October 2026. Safe Work Australia revises the data each year, so figures may change after publication. Percentages marked as calculated, year-on-year comparisons and the charts are Actevate's own analysis and presentation of that data. Safe Work Australia has not reviewed or endorsed this article. Please refer to the original sources before relying on any figure.

All
#compliance
National Safe Work Month logo on a green background
October 6, 2026
•
5 min
National Safe Work Month 2026

Safe Work Australia describes this year's theme as a reflection of the fundamental purpose of WHS, which is to prevent work-related death, injury and illness. It also recognises the long-term impact that workplace harm can have on workers, their families, businesses and broader communities.

Put plainly, work should never cost someone their health or their ability to live fully outside of work.

The scale of workplace harm in Australia

  • 188 workers died from traumatic injuries at work in 2024.
  • 146,700 serious workers compensation claims were made in 2023-24.
  • More than 400 serious claims are made every day across Australia.

Note: A serious claim is one where a worker needs at least one working week away from work. Behind each of those 146,700 claims is a person whose recovery, income and family life were disrupted.

The campaign is built around four focus areas

Each week of October has its own focus area, which you can use to shape one conversation with your team at a time.

Week 1 (1-11 October): For life, why WHS matters

Safe Work Australia is encouraging workplaces to reconnect with the purpose behind WHS and the role everyone plays in creating safe and healthy work. This week also includes World Mental Health Day on 10 October.

Week 2 (12-18 October): For health, what WHS protects

Safe Work Australia describes the purpose of work health and safety as protecting workers' lives, health and future, and its activity kit notes that safe work protects both physical and psychological health.

Week 3 (19-25 October): For the future, the long-term impact

Safe Work Australia says the theme is about designing work that prevents injury, illness and long-term harm that can affect every part of life, at work, at home and well into the future.

Week 4 (26-31 October): For all, action across all workplaces

Safe Work Australia says the four focus areas together are meant to help workplaces explore why WHS matters, what it protects and the practical action needed to support safe and healthy work.

Info: World Mental Health Day falls on Saturday 10 October, during Safe Work Month. It is a natural moment to talk about psychosocial hazards such as workload, conflict and exposure to distressing events.

How to take part in your workplace

Safe Work Australia has published two free resources. The campaign kit includes posters, digital displays and social media tiles. The activity kit has weekly activities and discussion prompts designed to turn conversations about safety into action.

A few simple ways to get involved:

  • Choose one activity from the kit for your next team meeting or toolbox talk.
  • Ask your team which hazard they would most like to see looked at more closely this month.
  • Record one commitment as a group, and report back on it before the end of October.
  • Invite a senior leader to join a site walk and listen to what workers raise.

Tip: One conversation that leads to a visible change will do more for your safety culture than a month of posters. Workers do notice when something they raised is acted on.

Building this into your culture of care

The point of a theme like Safe work is for life is that it does not end on 31 October. The Australian Work Health and Safety Strategy 2023-2033 sets a national vision of safe and healthy work for all, and that vision is reached through ordinary decisions about how work is planned and carried out, far more than through awareness campaigns.

Tip: A useful test is to ask what your workplace will still be doing differently in February because of a conversation that started this month. If the honest answer is nothing, the conversation is not finished yet.

Sources

This article is general information only and does not constitute legal or health and safety advice.

All
#compliance