Don’t let a workplace injury set you back
Did you suffer an injury or illness on the job that’s left you out of work and struggling to pay bills? Your safety in the workplace should be put first at all times. For times when it hasn’t, you may be entitled to compensation.
It’s likely that WorkCover Queensland will manage your claim if you are seeking injury compensation for an accident:
- In the workplace
- Travelling to or from work
- At a work-related function or event
As part of ongoing national efforts to improve workers’ compensation arrangements, injured workers in Queensland have access to a range of benefits through both statutory and common law claims.
The Personal Injury Lawyers are experienced in dealing with WorkCover QLD for common law payouts which means we can help with any questions you may have.
How to make a WorkCover claim in QLD – step by step guide
Understanding how to make a WorkCover claim in Queensland can take some of the stress out of an already challenging time. Here’s a clear breakdown of the WorkCover claims process under the Queensland workers’ compensation scheme:
- Report the work-related incident to your employer as soon as possible, ideally in writing.
- Seek medical treatment from your GP or local medical centre. Ask your doctor to provide a Work Capacity Certificate.
- Complete a workers’ compensation claim form, making sure all sections are filled in accurately and thoroughly.
- Submit the completed form to either WorkCover QLD or your self-insurer, depending on your employer’s workers’ compensation insurance arrangements.
- WorkCover or the self-insurer will review the documents and inform you whether WorkCover accepts your claim.
- If your claim is accepted, you may start receiving weekly compensation and reimbursement for medical costs and treatment.
- You’ll likely work with an allied health provider and follow a suitable duties plan to support your safe return to work.
By following these steps within the right timeframe, you improve the chances of receiving your full workers’ compensation benefits.
Who is eligible to make a workers’ compensation claim QLD?
You may be eligible to claim workers’ compensation if you meet specific criteria under Queensland’s Workers’ Compensation and Rehabilitation Act.
A person claiming must be:
- Considered a worker under the Act (including employees, casuals, apprentices, and labour hire workers)
- Working at the time of the injury or performing work-related duties
- Injured in an event where the job was a significant contributing factor to the injury or illness
The nature of a person’s job, their employment type, and the cause of the injury are all considered when assessing a workers’ compensation claim in QLD. Even those working under non-traditional workers’ compensation arrangements may be eligible.
How Long Do I Have to Make a WorkCover Claim?
It’s critical to lodge your claim within the correct timeframe. Under Queensland law, the general rule is:
- You must lodge a WorkCover claim within 6 months of the date of your injury.
- Extensions can apply if the injured person didn’t realise how serious the injury was until later.
Claims submitted outside of the time limits may still be considered, particularly if you provide other documents (such as medical evidence) that justify the delay.
If you’re unsure whether you’re within the right timeframe, speak to our team or check with the Workers’ Compensation Authority in Queensland.
What should I know when making a WorkCover claim?
The first step after you’ve been injured at work or because of work is to see your doctor and get a workers’ compensation medical certificate. Ensure you keep as much information as possible about your workplace accident and any resulting injuries. You’ll need to tell your employer about the incident and give them a copy of your medical certificate within 30 days of your injury or your WorkCover claim could be rejected.
There are 2 types of claims you can then make through WorkCover:
- statutory (no-fault) claims
- common law claims (where the employee seeks common law action through the courts against their employer).
All WorkCover claims in QLD first need to be lodged as a statutory (no-fault) claim. Compensation for a statutory claim is paid regardless of who was at fault for causing the injury. This is paid as a percentage of your weekly wage according to the WorkCover QLD table of costs and can also cover any medical expenses for your injuries.
When you make a common law claim, you are suing your employer for not providing a safe work environment which you believe contributed to your accident. It is up to you to prove that this negligence caused your injury, pain and suffering, and loss of income. Generally, you can only make a common law claim after a statutory claim has been lodged.
The claim form lodgement process can be long, so it’s important to follow up on it. It should only take 20 days for a decision to be made about your claim, but in instances where a claim is more complex, it can take longer. If this is the case, you will be alerted by a Workers’ Compensation Regulator with the reasons as to why this has happened.
If you are considering making any type of claim through WorkCover Qld, you should contact our expert workplace injury lawyers to ensure you understand your rights and the time limits for the claim process. Based in Brisbane and the Gold Coast, The Personal Injury Lawyers have helped clients across QLD to get the best WorkCover payment rates.
How can our team help you make a claim?
Most employees know about WorkCover, but the process of actually lodging a claim after you’ve been involved in a workplace accident can feel quite complicated.
As an injured worker, you may not fully understand your obligations when making a claim or how much compensation you could be entitled to.
Some people may choose not to lodge a WorkCover claim at all which will only make their recovery even tougher as they endure the financial hardship that comes with a workplace accident.
When you’ve suffered any work-related injuries or illnesses, having expert legal guidance can help ensure you are getting the fair compensation you will need. We will help you through every step of the process as you lodge your claim and fight to get you the best WorkCover compensation payout.
Click to read or download our WorkCover claim information and tips guide.
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Useful hints & tips for the WorkCover claims process
It can be an extremely stressful time after you’ve suffered any type of work related injury. The Personal Injury Lawyers are here to help you navigate the complex legal process with some useful tips and tricks to strengthen your compensation claim.
- Get referred to treating specialists to guide the WorkCover claims officers
- Do not perform paid or unpaid work without telling WorkCover
- Report all injuries to your General Practitioner
- Ensure all injuries are listed on your Workers’ Compensation Medical Certificates
- Do not let your Workers Compensation Medical Certificates expire. Always have a valid certificate
- Do not perform duties in excess of the restrictions listed on the Workers Compensation Medical Certificates and/or a Suitable Duties Plan
- Request a worksite assessment by an occupational therapist to produce a suitable duties plan for any return to work
- If you are not coping with your return to work duties, return to your general practitioner and/or specialist for review
- You can access adjustment to injury counselling through WorkCover QLD without a psychiatric injury being accepted
- Only a psychiatrist can diagnose a psychiatric injury
- See your general practitioner regularly
- Perform the home exercises given to you by your physiotherapist
- You are entitled to a second opinion
- You may claim travel where the kilometres travelled are greater than 20km
What if my employer is a self-insurer?
Some companies are licensed as “self-insurers” which means any workers’ compensation claims will be managed under their own scheme. These are usually large organisations with the capacity to meet the expense of running their own workers’ compensation schemes under the relevant workers’ compensation legislation in QLD.
The Personal Injury Lawyers can help if you are unsure about where to direct your claim for workers compensation. Contact our specialist workplace injury lawyers today.
How much does WorkCover pay for a workplace injury?
Deciding whether it is worth making a WorkCover claim can feel like a complicated decision, but you have nothing to lose and everything to gain. As many people have found after suffering a work accident, your finances can quickly spiral out of control. You will need to claim compensation as you try to balance the cost of your rehabilitation with the loss of income from needing time off work.
Exactly how much WorkCover pays varies widely depending on your situation and the extent of your injuries or illness. The initial WorkCover payment rates are based on your pre-injury weekly income. You will receive WorkCover payments equal to 85% of your normal weekly earnings for the first 26 weeks then 75% after that for up to five years. WorkCover also pays for medical, hospital and rehabilitation expenses while you recover.
At The Personal Injury Lawyers, we take pride in achieving positive outcomes for all of our clients. To help you better understand how much other people were awarded for their injury compensation claims, we have compiled some real life compensation case studies. These include WorkCover payout examples which may have included similar injuries to yours.
We also have a WorkCover Calculator to help you estimate your compensation amount. It’s free to use and there’s no obligation to pursue a claim afterwards.
What if I’m not happy with my payout?
If your Workcover compensation claim doesn’t reflect your full loss of income or long-term impairment, you may be eligible to pursue a common law claim.
This means you’re seeking further compensation for pain, suffering, and ongoing impact, beyond what’s covered in weekly payments and standard workers’ compensation benefits.
To learn more, visit our guide on what is a common law claim for damages for work injury in Queensland.
WorkCover Claim QLD – FAQs
Yes. After a work related incident, you can seek medical treatment from your own GP or another qualified provider. Just ensure they’re authorised to issue a Work Capacity Certificate, which is required to support your WorkCover claim. You can also access treatment from approved allied health providers such as physiotherapists and occupational therapists.
If your WorkCover QLD claim is rejected, you can challenge the decision through the Workers’ Compensation Regulator (WCR). You may need to provide further medical evidence or other documents to support your case. It’s important to act quickly, as strict time limits apply to appeals.
Yes. If you’ve been assessed as having a permanent impairment due to your work-related injury, you may be entitled to a lump sum payment through WorkCover. This is separate from your weekly compensation and is calculated based on your degree of impairment. If you accept a lump sum compensation offer, it may affect your ability to pursue a common law claim, so it’s important to seek legal advice before making a decision.
Yes. If your claim is accepted, WorkCover will generally pay:
- Weekly compensation based on your pre-injury income
- Medical expenses, including GP visits, hospital treatment, rehabilitation, and prescribed allied health services
- Additional support costs, such as travel expenses, counselling, and return-to-work support
Some employers in Queensland are self-insurers, meaning they manage their own workers’ compensation insurance. If you’re unsure whether to lodge with WorkCover QLD or your employer’s insurer, we recommend speaking with our team to clarify the workers’ compensation process and protect your rights.
If your claim is accepted, WorkCover QLD or your self-insured employer must cover reasonable hospital costs, specialist appointments with medical practitioners, and ongoing injury rehabilitation services such as physiotherapy or occupational therapy. These supports are part of your entitlement to accident insurance as an injured worker in Queensland.
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With The Personal Injury Lawyers, your compensation claim is in great hands
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If you are looking for the best rated compensation lawyers in Brisbane, or work related injury lawyers on the Gold Coast, or anywhere in QLD, then you’ve come to the right place.
