Workers compensation in Queensland
Injured workers in Queensland are covered by WorkCover Queensland under the Workers’ Compensation and Rehabilitation Act 2003. No-fault statutory benefits: weekly payments, medical and rehabilitation expenses, and a lump sum for permanent impairment once the injury is stable, set out in a Notice of Assessment.
How to make the claim
See a doctor for a Work Capacity Certificate and lodge the statutory claim with WorkCover within 6 months of the injury. Decisions can be reviewed, but review deadlines are short and strictly enforced.
Common law damages
A common law claim against a negligent employer has no impairment threshold in Queensland, but you must receive a Notice of Assessment first and then choose between the lump sum offer and suing. The limit is 3 years from injury or 6 months after the Notice of Assessment, whichever is later.
Who counts as a worker
Employees, most labour hire workers, apprentices and many contractors who are paid mainly for their own labour are covered. FIFO and remote workers are covered for injuries in the course of employment, including travel in some circumstances. Psychological injuries are covered with scheme-specific conditions.
If your claim is rejected
Every scheme has a review process with short deadlines, often measured in weeks. Get advice before the review window closes rather than after.
What you can claim
- Weekly income payments while you cannot work, at the scheme rate
- Medical, hospital, pharmaceutical and rehabilitation expenses
- A lump sum for permanent impairment once your injury is stable
- Retraining and return-to-work support
- Common law damages for economic loss (and pain and suffering where the state allows) if the employer was negligent
Evidence to keep
Claims are won on what can be proved. Keep:
- The incident report you gave your employer, and when
- Certificates of capacity from your doctor
- Names of co-workers who saw what happened
- Photos of the hazard, equipment or site conditions
- Pay slips and rosters showing your pre-injury earnings
- Every letter and decision from the insurer, with dates
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Brisbane who handles workers compensation matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Do I need a lawyer for a workers compensation claim?
Not to lodge the statutory claim; most workers do that with their employer and doctor. You need one when the claim is disputed, when weekly payments are cut or stopped, when a permanent impairment assessment is coming up, and whenever a common law claim is possible. Those are the points where the money is decided.
Can I be sacked for making a claim?
No. Dismissing or disadvantaging a worker because they made a workers compensation claim is unlawful in every state, and employers have return-to-work obligations for a set period after injury.
Can I choose my own doctor?
Yes. You are entitled to be treated by the doctor of your choice. The insurer can arrange its own independent medical examination, but it cannot dictate your treating doctor.
What is a common law claim in Queensland?
A common law claim against a negligent employer has no impairment threshold in Queensland, but you must receive a Notice of Assessment first and then choose between the lump sum offer and suing. The limit is 3 years from injury or 6 months after the Notice of Assessment, whichever is later. It is a negligence claim against the employer, run on no win no fee, and is where the largest settlements come from.
What if my injury was partly my fault?
Statutory benefits are paid regardless of fault, except for serious and wilful misconduct. In a common law claim, contributory negligence reduces the damages proportionally rather than defeating the claim.
How long do I have?
See a doctor for a Work Capacity Certificate and lodge the statutory claim with WorkCover within 6 months of the injury. Decisions can be reviewed, but review deadlines are short and strictly enforced. Review and appeal windows after a decision are short, often 30 to 60 days.
In more detail
Full guide to workers compensation claims in Queensland
Accessing your entitlements after an accident at work in Queensland can be nearly as painful as your injury. If this is the case, our experienced workers compensation lawyers located in Brisbane can help.
Things to know about workers’ compensation in QLD
Workers compensation is an insurance that was put in place so that anyone who has been injured at work can still receive an income.
WorkCover Queensland is the exclusive provider of insurance for workplace injuries and covers employees for:
- weekly compensation (to cover their lost wages)
- medical expenses and medicines
- rehabilitation treatment
- travel expenses
- death benefits and funeral expenses.
However, accessing these entitlements after being injured at work isn't always straightforward.
Every day we speak to people who are being wrongfully denied their rights to workers compensation. Some of the most common reasons are:
- A large number of fellow employees are currently claiming workers comp and it looks bad on the company
- Making a claim will result in a lost-time injury for the employer and impact them pricing work in the future
- Management is more concerned about their insurance premiums going up than an employees wellbeing
Whatever the reason, this has nothing to do with you and you should not be denied your workers compensation because your employer thinks that it's not a good time.
If you've had an accident in Brisbane or Queensland and have questions regarding your rights and entitlements you can call us and have your situation assessed for free by a workers compensation lawyer who specialises in cases like yours. Alternatively, you can start your claim online and we’ll call you back.
Types of workers compensation our lawyers can help with
Some of the most common types of injuries suffered at work include
- Stress
- Back injuries
- Repetitive Strain Injuries
- Carpal Tunnel Syndrome
- Eye injuries
- Broken bones and fractures
- Carpal Tunnel Syndrome
- asbestos claims
- noise-induced hearing loss.
We can also help you with many types of different workplace accident scenarios such as:
- Falls from Height
- Hit by Falling Object
- Constructions Site Accidents
- Crushed by Moving Vehicle
- Chemical injuries
- Factory Accidents Claims
- FIFO Accident Claims
- Machinery Accidents
- Wrong PPE Claims
We can also help you if you suffered injuries in an auto accident travelling to or from work.
How to lodge your claim
To lodge a workers compensation claim you will need to:
- Seek first aid and report the injury to your immediate supervisor.
- Seek medical attention, preferably from your usual doctor, not the company one.
- Depending on the severity of your injuries you and your employer may need to complete and submit an online incident notification form.
- fax or email the incident form to whsq.aaa@oir.qld.gov.au.
- To start your claim for benefits you will need to complete and submit the online claim form here.
- If you experience any difficulties during the initial process feel free to give us a call on 07 2104 9341.
- Be sure to keep a copy of your medical certificate and take note of any information you enter into the claim form.
Alternatively,
You can speak to a WorkCover specialist at Millner and Knight regarding your situation to ensure you hit the ground running.
- whether or not the application has been lodged in time
- if the worker is a Queensland worker
- whether a work-related event caused the injury.
Based on the facts presented, the insurance company or Worksafe will determine whether or not they will accept or reject your case. If the application is not accepted, one of their representatives will probably call you to explain the decision that has been made. A letter will be sent to the worker explaining the information considered and the reason why.
If you have a genuine case, and something feels wrong it probably is and you should seek independent legal advice as soon as possible.
You may have also had your case ceased and are no longer receiving compensation. In these instances, it is assumed that you have fully recovered or should have fully recovered, however, only you know whether you are back to full health or not and you may need to go for an independent medical examination to have your feelings confirmed. If this is the case, we can assist you with this, Millner and Knight have lawyers who are partnered with medical specialists in Brisbane and Queensland who can help you get a second opinion.
To find out if you are entitled to make a workers’ compensation claim you may contact us for instant clarification. We have offices located throughout Queensland so no matter where you are located, we're never far away.