Injury at work claims: what you should know
If you’ve suffered an injury at work in Queensland, it’s normal to feel unsure about your legal rights and what steps to take next. This is especially if you’re dealing with lost income, pain, or uncertainty about your job. Whether your work-related injury happened in a single accident or developed over time, you may be entitled to claim compensation under Queensland’s workers’ compensation scheme.
There are two types of claims you may be eligible for: a statutory WorkCover claim and a common law claim if your employer was negligent. Either way, understanding your compensation entitlements (like coverage for medical expenses, weekly payments, or even a potential lump sum payment) starts with the right legal guidance.
At The Personal Injury Lawyers, we help injured workers navigate their claim with a no win, no fee guarantee. If you’re not sure what you’re eligible for, contact us for a free initial consultation; there’s no cost or obligation.
Below, we outline the 6 key steps to take after an injury in the workplace – from reporting the incident to getting medical care and seeking legal advice.
Can I make a workers’ compensation claim?
STEP 1 - Report the work injury to your employer
Report your injury at the workplace to your employer as soon as possible. Make sure the incident is properly documented. This is the first step toward a valid accident work claim.
Where possible, gather your own evidence:
- Take photos of the accident scene and any unsafe equipment involved (include make, model, and visible defects)
- Keep copies of all workplace reports and records related to the incident
- Note down the names and contact details of any witnesses
- Record any workplace health and safety hazards that may have contributed to your work-related injury
Accurate reporting protects your legal rights and helps ensure your workplace injury claim isn’t delayed or denied.
STEP 2 - Seek medical treatment for your work injury
Getting prompt medical treatment is essential after any injury in work environments, for your health and for your legal rights. Your doctor will need to record not only your injuries, but also how the work-related accident occurred.
You’re entitled to visit your own GP. You don’t have to see a doctor chosen by your employer.
When you see your doctor:
- Be specific about how your injury or illness occurred, including what task you were doing and any contributing hazards
- Mention any psychological injuries, not just physical ones
- Ask your doctor to issue a Work Capacity Certificate (previously called a Medical Certificate), which is required for a WorkCover claim
This medical documentation supports your workers’ compensation claim. It also helps determine your workers’ compensation entitlements, and may also form the foundation of a common law claim for damages if your injuries were caused by your employer’s negligence.
STEP 3 - Be consistent and accurate in what you tell your doctor
What you say to your doctor after an injury at work often becomes part of the official record. This can affect both your immediate workers’ compensation claim and any future common law claim for damages.
Doctors usually rely on your description of the work-related accident to fill in their reports. These records are used by the employer’s insurer, your lawyer, and WorkCover Queensland when assessing your compensation entitlements.
Here’s how to protect your position:
- Stay consistent when describing how your injury occurred
- Be honest and clear. Even small contradictions can be used to question your claim
- Don’t downplay or leave out symptoms, especially psychological injuries or pain that worsens over time
Accurate, detailed reporting from the start helps avoid confusion later and supports a stronger claim. This is especially important if you later seek a lump sum payment or damages for lost wages or ongoing medical care.
STEP 4 - Accurately record all workplace injuries in your claim
When completing your workers compensation claim, it’s critical to clearly list every injury you suffered in the workplace incident. Be sure to even record injuries that may seem minor at first. This helps ensure you’re assessed for your full range of compensation entitlements.
Be sure to:
- Describe how each injury or illness occurred
- Use simple, accurate language without speculation
- Retain copies of all forms and injury reports for your own records
The employer’s insurer will rely heavily on this documentation, both when deciding your statutory WorkCover claim and if a common law claim is made later. Being thorough now can make a significant difference to your long-term compensation. This is especially important if further complications, psychological injuries, or lost income develop over time.
STEP 5 - Don’t miss your chance: time limits apply to injury at work claims
If you’ve had an injury at work, it’s important to know that there are strict time limits for making both a statutory WorkCover claim and a common law claim for damages.
Here’s a general guide:
- For a WorkCover claim, you usually have 6 months from the injury date to lodge your application.
- For a common law claim, strict legal deadlines apply. They can be as short as 3 years from when the injury occurred.
- In some cases (like gradual-onset injuries or psychological injuries), timeframes may vary based on when the injury was discovered.
Why this matters:
- Delays can affect your access to medical treatment, weekly payments, and lump sum compensation
- The longer you wait, the harder it can be to gather evidence and access support services
- You may lose your right to claim entirely if deadlines pass
If you’re unsure about your time limits, speak to an injury at work lawyer as soon as possible. Acting early can make a significant difference to your outcome.
STEP 6 - Speak with an injury at work lawyer to understand your rights
Once you’ve reported your injury and submitted a WorkCover claim, the next step is to get professional legal advice. An experienced injury at work lawyer can help you understand whether you may be entitled to more than just weekly payments, such as a lump sum payment through a common law claim.
Early legal support ensures:
- Your rights are protected from the start
- You don’t miss important time limits
- You’re properly assessed for all potential financial support and compensation entitlements, including lost wages, medical expenses, and future economic loss
At The Personal Injury Lawyers, we offer obligation-free claim assessments and provide clear advice on your legal options. If you’re unsure where to start, we’re here to guide you through the process, with no upfront costs. Get in touch with our team today, and we can guide you through the whole process.
How much compensation did other people get awarded for their personal injuries?
To help you understand more about 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.
How much compensation will I get for my accident?
If you seek compensation, our compensation calculator gives a basic indication how much compensation you may be able to claim.
