My workers’ compensation has ended but I can’t return to work

My workers' comp claim has finished but I cannot return to my job - what do I do?

Many workers think that Workcover or the self-insurer is obligated to get you back to work after an injury.

Return to work programs are usually part of rehabilitation provided in a workers’ compensation claim.

However, where an injured worker is no longer suited to the work they were doing prior to their injury and cannot return to it, then Workcover or the self-insurer is not obligated to find the worker alternate employment.

Can I get car accident injury compensation?

Calculate how much compensation you may get for your work injury or other accident.

You’re welcome at any time to contact us for a personalised free claim assessment which is tailored to your circumstances. Or feel free to use our compensation calculator which will give you an indication how much compensation you may be due.

What is the Workers’ Compensation & Rehabilitation Act 2003?

In October 2013, legislative changes were introduced into the Workers’ Compensation & Rehabilitation Act 2003.

These changes placed increased focus on employers, insurers and QComp getting injured workers back to work following the finalisation of their workers’ compensation claims.  

It is yet to be seen how effective these legislative changes are in the future. 

Do I have a claim for common law damages for my injury?

If you are unable to return to work following a work injury, and your injury was caused by the negligence or wrongful act or omission of your employer or another party, then you may have a claim for Common Law Damages.

This is your right to recover lost income, both past and future, as well as other damages resulting from your work injury. 

If at the end of your workers’ compensation claim, you are not able to return to your work with the employer, you should contact Centrelink as soon as possible to register for Newstart or Disability Benefits whilst you look for suitable employment, or if you are unable to work due to your work injuries.

Alternatively, you may hold disability insurances attached to your Superannuation scheme or through other private insurance arrangements.

You should make enquiries with these entities as to whether you have a claim for income payments whilst you are unable to work due to your injuries.

Can I get financial help during a compensation claim?

If you are suffering severe financial hardship, you may be able to draw on your Superannuation and you should make enquiries with your Superannuation Fund to see how you can apply for release of funds in the case of hardship. 

If you have a mortgage, credit card repayments or car payments etc, you may have disability insurances attached to your mortgage or loan agreements which can assist you whilst you are unable to work due to your injury.

You should look into this with your lenders.

Additionally, if you have a Common Law Claim for Damages on foot, then there are Litigation Lending companies that may lend you lump sum amounts to aid you with meeting your financial commitments whilst you are waiting for your Common Law claim to resolve.

Where to get financial help during a compensation claim?

We know all too well that compensation claims can be confusing, so don’t get lost in the sea of complexities. You’re welcome to just give us a call, chat with you, or send an email to us. We’ll be glad to help you.

There is no cost for the call or to speak to our lawyers, and you’re under no obligation. 

How much compensation did other people get awarded for their injuries?

To help you understand more how much other people were awarded for their compensation claims, (who may have similar injuries to you) we pulled together some helpful, real life personal injury payout examples..

These include compensation for injury at work as well as car accident injuries, workplace injury and slips, trips and falls. You may have suffered an injury that means that you can’t return to work. We assess the type of injury that you have suffered and will look at current medical reports, the costs of your future medical treatment, along with important factors such as whether you are left with a total and permanent disability.

Frequently asked questions

Looking for more? View all our Frequently Asked Questions.

Remember, we offer an obligation-free chat with our Lawyers online, by phone or email for no cost. We aren’t one of those law firms that will make you go through with it if you’re not ready.

Better to answer that question and know than have it go unanswered. Contact us today.

TPD claim lawyers Brisbane,
Gold Coast & Australia wide

As long established personal injury lawyers, we can help with Queensland motor vehicle accident claims, WorkCover compensation claims and many more claim services. We also offer Australia wide support to help you with your TPD super claim. Try our fast, free TPD compensation payout checker below.