How long does WorkCover last in QLD?
How long can you receive WorkCover payments in QLD?
How long WorkCover lasts in QLD depends on your injury, your capacity for work and the type of workers’ compensation benefits you are receiving.
In Queensland, weekly WorkCover payments generally stop when your incapacity ends, when you have received payments for the maximum period, or when the maximum compensation amount has been reached. Medical expenses and rehabilitation benefits may continue for longer in some circumstances. If WorkCover Queensland or a self-insurer is ending your claim, reducing your payments or issuing a lump sum offer, it is important to understand your legal options before responding.
30 second claim check
Try our 30 second claim check or contact us to get help
What affects how long WorkCover lasts?
Several factors can affect how long you receive workers’ compensation benefits after a workplace injury. The most important issue is usually your medical evidence, because WorkCover or the workers’ compensation insurer will rely heavily on medical certificates, treatment notes and reports from your medical practitioner when deciding whether payments should continue.
The length of your claim may depend on:
Your accepted injury or illness
Your current work capacity
Your ability to return to pre-injury duties
Your medical treatment and rehabilitation
Your injury becoming stable and stationary
A claim may move towards finalisation when your injury is considered stable and stationary. This generally means your injury is not expected to significantly improve with further medical treatment or rehabilitation. At this point, WorkCover or the self-insurer may arrange a permanent impairment assessment and consider whether a Notice of Assessment should be issued.
How long do WorkCover weekly payments last?
WorkCover weekly payments are designed to replace part of your lost wages while you have an accepted work injury and reduced work capacity. These payments are not the same as a lump sum, medical expenses or common law damages.
In Queensland, weekly compensation is generally paid in stages. The amount you receive may change as your claim continues, particularly after the first 26 weeks and again after 104 weeks.
Some resources refer to a first entitlement period and second entitlement period. In Queensland, it is clearer to think about the weekly payment stages that apply under the workers’ compensation scheme.
The first 26 weeks of weekly payments
During the first 26 weeks of incapacity, weekly payments are generally calculated with reference to your normal weekly earnings, your industrial instrument or Queensland Ordinary Time Earnings, depending on your employment arrangement.
This early stage of the claim is often when injured workers are still receiving medical treatment, completing rehabilitation and trying to return to work safely. If you are unable to work at all, you may receive weekly payments. If you can return to some suitable duties, your weekly compensation may be adjusted.
From 26 weeks to 104 weeks
After the first 26 weeks, the way weekly payments are calculated may change. This does not automatically mean your WorkCover payments will stop, but it can affect how much you receive.
During this stage, WorkCover or the workers’ compensation insurer may continue to assess your medical certificates, your current work capacity, your ability to perform suitable duties and whether you are making progress towards suitable employment.
After 104 weeks
After 104 weeks, continuing weekly payments become more restricted. Your eligibility may depend on factors such as your ongoing incapacity, the seriousness of your injury and whether your injury could result in a degree of permanent impairment above the relevant threshold.
This part of the claim can become more complex, especially if you are still unable to return to your pre-injury duties or your original employer cannot provide suitable duties. Legal advice can help you understand your options before important decisions are made.
When weekly payments may stop
Weekly payments may stop if your incapacity from the work injury ends, if you return to work and no longer have a loss of earnings, if you have received weekly payments for the maximum period, or if the maximum amount of compensation has been reached.
WorkCover or the self-insurer may also review your entitlement if they believe your situation has changed. This could result in your weekly payments being continued, reduced, suspended or stopped.
Does WorkCover pay medical expenses after weekly payments stop?
Weekly payments and medical expenses are different parts of a workers’ compensation claim. Weekly payments are about replacing part of your lost wages. Medical expenses are about treatment, rehabilitation and recovery from the accepted work injury.
WorkCover may pay injury-related medical and rehabilitation expenses where they are accepted as reasonable, medically necessary and connected to the work injury. In some cases, treatment may continue after weekly payments change or stop. In other cases, funding may end if the insurer decides further treatment is no longer required or is unlikely to improve the injury.
This is why it is important to pay close attention to the reason WorkCover gives for ending or changing your payments. A decision about weekly compensation is not always the same as a decision about medical expenses, rehabilitation or permanent impairment.
Medical expenses may include treatment such as GP appointments, specialist reviews, physiotherapy, psychology, surgery, medication, rehabilitation support and other approved treatment connected with your work injury.
When does a workers' compensation claim come to an end?
A workers’ compensation claim may come to an end for several reasons, including changes in your work capacity, the medical evidence, your treatment needs or because the insurer considers the injury stable and stationary.
In plain English, stable and stationary means your treating doctors or assessing medical practitioner believes your injury is unlikely to significantly improve with more treatment.
That does not always mean you have fully recovered. You may still have pain, restrictions, reduced capacity for work or ongoing problems with your injury. The key issue is whether further medical treatment is likely to improve the injury in a meaningful way.
Once your injury is stable and stationary, WorkCover or the self-insurer may take steps to finalise your claim. This may involve arranging an assessment for permanent impairment and issuing a Notice of Assessment.
What happens when WorkCover wants to close your claim?
When WorkCover or a workers’ compensation insurer intends to finalise your claim, you may receive correspondence about your injury, your work capacity, your medical treatment or your permanent impairment.
This is an important stage of the claim. The decisions you make at this point may affect your right to receive a lump sum, pursue common law damages or continue with other legal options.
You may receive a Notice of Assessment
At the end of your workers’ compensation claim, WorkCover may issue a Notice of Assessment. This document sets out whether you have been assessed as having a degree of permanent impairment.
The Notice of Assessment may also include a lump sum offer if you are assessed as being entitled to lump sum compensation. This amount is based on the permanent impairment assessment and the relevant workers’ compensation rules.
What degree of permanent impairment means
Degree of permanent impairment, often called DPI, is a percentage assessment of permanent impairment caused by your accepted work injury.
For physical injuries, the assessment is usually carried out by an appropriately qualified medical practitioner. For psychological or psychiatric injuries, the assessment must be conducted by the Medical Assessment Tribunal.
If you have both physical and psychological injuries, the percentages are not simply added together to reach the total DPI threshold. For example, a 10% DPI for physical injuries and a 10% DPI for psychological injuries does not automatically mean you have a 20% DPI.
What a lump sum offer means
A lump sum offer is a statutory offer based on your assessed permanent impairment. It is separate from weekly payments and from a common law claim.
A lump sum can provide compensation for permanent impairment, but accepting or rejecting the offer can have serious legal consequences. This is especially important if your DPI is less than 20%.
If your DPI is less than 20%, you generally need to choose between accepting the lump sum offer or pursuing a common law claim. If you accept the lump sum offer, you may lose the right to seek common law damages for that injury.
If your DPI is 20% or more, different rules may apply, and you may be able to accept the lump sum offer and still bring a common law claim.
Why you should seek legal advice before responding
Before responding to a Notice of Assessment or lump sum offer, you should understand the legal effect of your decision and any response deadline that applies.
An incorrect response can have long-term consequences, especially if you have a potential common law claim. Once a decision is made, it may not be possible to reverse it.
Before accepting, rejecting or deferring a lump sum offer, it is worth getting advice about your injuries, your work capacity, your lost wages, your future medical expenses and whether employer negligence may have contributed to your workplace injury.
Can you still make a common law claim after WorkCover ends?
A statutory workers’ compensation claim and a common law claim are not the same thing.
A statutory claim is the WorkCover claim that can provide weekly payments, medical expenses, rehabilitation and lump sum compensation. A common law claim is a separate claim for damages that may be available if your injury was caused by negligence.
You may have a common law claim if…
Timing matters
What if you still cannot return to work?
It can be confronting to reach the end of a workers’ compensation claim while you are still unable to return to your normal job. WorkCover is not simply required to secure you a new permanent job if you cannot return to your pre-injury duties. However, rehabilitation and return to work support may still form part of an accepted workers’ compensation claim, including suitable duties, host employment or retraining in some circumstances.
Return to work programs and suitable duties are often part of rehabilitation during a workers’ compensation claim. Your employer may provide modified tasks, reduced hours or other suitable duties if they can reasonably do so. However, if your injury remains serious and you cannot return to your original employer or suitable employment, your next steps may depend on your medical evidence and legal options.
You may need advice about:
-
Whether your current work capacity has been assessed correctly
-
Whether suitable duties genuinely match your restrictions
-
Whether your normal weekly earnings and weekly payments have been calculated correctly
-
Whether your injury has resulted in permanent impairment
-
Whether you have a potential common law claim
-
Whether you may have a separate TPD or superannuation claim
A TPD or superannuation claim is separate from a workers’ compensation claim. It may be relevant if your injury or illness prevents you from returning to work in a way that meets your superannuation policy requirements.
How we can help before your WorkCover claim ends
The end of a workers’ compensation claim can be an important decision point. The Personal Injury Lawyers can help you understand where your claim is up to, what WorkCover or the self-insurer is asking you to do, and how your decisions may affect your future rights.
Our team can help you review a Notice of Assessment, understand a lump sum offer, assess whether a common law claim may be available and explain your options in plain English.
You can contact us for an obligation-free claim assessment before responding to WorkCover or a self-insurer.
Calculate how much compensation you may get for your work injury.
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 of how much compensation you may be due.
How long does WorkCover last? FAQs
Can WorkCover payments continue indefinitely?
No, WorkCover payments do not usually continue indefinitely in Queensland. Weekly payments may stop when your incapacity from the work injury ends, when you have received weekly payments for the maximum period, or when the maximum amount of compensation has been reached.
Some medical treatment or rehabilitation support may continue in certain circumstances, but this depends on the facts of your claim and the medical evidence.
Can I continue receiving weekly payments if I return to suitable duties?
You may continue receiving weekly payments if you return to suitable duties but still have a loss of earnings because of your work injury. For example, this may apply if you return on reduced hours, modified duties or lower earnings.
Your payments may be adjusted based on what you are earning and what you would have earned if the injury had not happened.
What happens if my medical practitioner says I still cannot work?
If your medical practitioner certifies that you still cannot work, WorkCover or the self-insurer will usually consider that medical evidence when deciding whether weekly payments should continue.
The insurer may also request further information, arrange an independent medical assessment or review your current work capacity. If there is a dispute about your capacity, it is worth seeking advice before important deadlines pass.
What happens if WorkCover says I have current work capacity?
If WorkCover says you have current work capacity, your weekly payments may be reduced or stopped depending on the decision and your circumstances.
Current work capacity does not always mean you can return to your old job. It may mean the insurer believes you can perform suitable duties or suitable employment. If you disagree with the decision, you should get advice about your review options.
What is the Workers’ Compensation Regulator?
The Workers’ Compensation Regulator is part of Queensland’s workers’ compensation system. It can deal with certain reviews and disputes about workers’ compensation decisions.
If WorkCover or a self-insurer makes a decision you disagree with, such as stopping weekly payments or rejecting part of your claim, you may have review rights. Strict time limits can apply, so it is important to act quickly.
Should I accept a lump sum offer from WorkCover?
Do not accept a lump sum offer until you understand how it may affect your rights.
If your DPI is less than 20%, accepting a lump sum offer may prevent you from bringing a common law claim for damages. If your DPI is 20% or more, you may be able to accept the offer and still pursue common law damages, but you should still get advice before making a decision.
Can I claim common law damages after weekly payments stop?
You may be able to claim common law damages after weekly payments stop, but this depends on your circumstances. A common law claim generally requires negligence, meaning your injury was caused or contributed to by someone’s failure to take reasonable care.
The end of weekly payments does not automatically mean you do or do not have a common law claim. The key issues are how the injury happened, what evidence is available, your medical condition and whether strict time limits have been met.
Is WorkCover required to find me another job?
WorkCover is not generally required to find you a new permanent job if you cannot return to your previous role.
During a claim, rehabilitation and return to work planning may involve suitable duties, suitable employment, host employment or retraining in some circumstances. If you cannot return to your original employer or pre-injury duties, you may need advice about your work capacity, employment rights, common law options or other claims such as TPD.
No win no fee services
We handle eligible workers’ compensation matters on a no win, no fee basis. This means you do not pay our professional fees unless your claim succeeds.
Our team will explain your options, your costs and your next steps clearly before you decide how to proceed.
Industry Memberships And Legal Associations
The Personal Injury Lawyers are long-term and proud members of some of the organisations and groups below. We care deeply about the work we do, our staff and who we associate with.
Real 5 Star Client Google Reviews
See hundreds of genuine 5 star ★★★★★ real reviews from those we have helped with work, motor and other injuries
No fake reviews here, we just work hard for great clients who leave honest feedback.