Attwood Marshall Lawyers’ Legal Practice Director, Jeff Garrett looks at why the WorkCover system needs reform to correct the injustices faced by workers seeking compensation following a workplace injury.
If you have been injured in a work accident in Queensland, contacting WorkCover is supposed to be your first step in securing compensation and accessing the support you need to recover and return to work.
However, it’s far from that simple. There is troubling history of claimants being unfairly denied the benefits to which they’re entitled, enduring lengthy delays, and being subjected to tactics that wear them down, all in the hope that they’ll abandon their claims.
This behaviour is unacceptable and stands in direct opposition to the very purpose of WorkCover: to support Queensland workers and businesses and provide workers with a simple and straightforward claims process so that they can focus on their recovery after sustaining an injury on the job.
It’s time to hold WorkCover accountable, expose these failures, and ensure the rights of injured workers take centre stage.
The WorkCover Experience
WorkCover has been the government body providing workers’ compensation insurance in Queensland for more than 25 years.
WorkCover, along with the Office of Industrial Relations (OIR) which encompasses Workplace Health and Safety Queensland, the Electrical Safety Office, and Workers’ Compensation Regulatory Services, all report to Queensland’s Minister for Industrial Relations.
All businesses in Queensland who employ workers are required to insure their workers against work-related injuries, with over 177,000 employers insured by WorkCover.
If you are somebody who has their claim rejected, it’s important you know your rights to apply to have the decision reviewed by the Workers’ Compensation Regulatory Services.
It is estimated that of the 92,000 statutory workers’ compensation claims that are lodged in Queensland each year, nearly five per cent of physical injury claims are rejected, whereas nearly half of psychological claims are rejected.
According to the Queensland Workers’ compensation scheme statistics 2022-23, notwithstanding the low percentage rate of psychological and psychiatric claims allowed to proceed to WorkCover, psychological and psychiatric claims currently represent 12.3 per cent of total statutory payments given.
The disparity in WorkCover accepting psychological claims is particularly poignant during this month’s National SafeWork Month initiative where Safe Work Australia timed its second theme of this month to be psychosocial hazards in the workplace, aptly timed to take place during Queensland’s Mental Health Week (5-13 October).
Safe Work Australia has made it clear that preventing psychological and physical harm at work are equally important, actively choosing to also encompass World Mental Health Day, (10 October) during its focus on identifying and managing psychosocial hazards.
At Attwood Marshall Lawyers, we meet many clients who relay their despair at dealing with WorkCover. Claimants start their claims believing that because the organisation is a Government backed body, it will be the panacea to their workplace injury and they will be supported when claiming upon their employers insurance for compensation to recover from an injury and get back to work.
It is sadly our experience that this could not be further from the truth and all too often, interacting with the Queensland WorkCover scheme results in significantly more unnecessary stress for the injured worker. This affects their recovery and their overall emotional wellbeing, which is critical when an individual is recovering from a work-related injury.
Some clients have reported feeling like the claims process lacked transparency and clear communication. Claimants state they are treated poorly by claims officers, who interrogate them about pre-existing conditions and question whether the injury is work-related. They have little empathy, are quite often condescending, and treat the clients like criminals.
There is also the inconsistency during the management of the claim, often with the claimant being handed from one claims officer to the next throughout the process. Our clients have been left feeling like criminals rather than individuals who are simply seeking to get their life back on track after experiencing a workplace injury or illness that makes them eligible and deserving of treatment and compensation.
Throughout the WorkCover process, clients have told us they felt they were treated as just another number in WorkCover’s system and how their claim is handled largely depends on the individual officer assigned to their claim. It is luck of the draw. Additionally, there have been instances where clients feel pressured to return to work before they are fully recovered, or WorkCover has made things difficult by refusing treatment or referrals and carrying out questionable ‘independent’ examinations by WorkCover panel doctors.
Recently, we had a client requiring minor surgery because of his workplace accident, and following his short course of rehabilitation, he was cleared to return to work when he could not physically do so, causing unnecessary harm to the worker’s wellbeing.
And just last year we acted for a construction worker who suffered horrific orthopaedic injuries in a workplace accident and struggled mentally after not being able to work and support his family. To rub salt in their wounds, since the work incident, the worker had spent over 18 months fighting WorkCover to get their injuries accepted in the claim, only to be met with pushback. They were forced to go through the arduous process of submitting five reviews to the Workers’ Compensation Regulatory Services before eventually, these reviews succeeded in overturning WorkCover’s decision to deny the claim.
Attwood Marshall Lawyers advises claimants to try to overlook the fact that they are dealing with a government backed body and do away with any expectations they may have of a government institution. Rather we would advise claimants to prepare themselves for dealing with WorkCover by viewing the government body as any other corporate insurance company who will do everything in their power to deny liability for a claim.
Attwood Marshall Lawyers calls on Queensland WorkCover to take a critical look at the issues being raised by claimants about their conduct and implement changes that will create a more supportive and transparent process for injured workers.
Action must be taken to improve communication between claims officers and claimants, and create a more collaborative approach to treatment plans and return-to-work timelines.
Attwood Marshall Lawyers – leading personal injury law firm
When making a WorkCover claim, it is helpful to be supported by an experienced compensation lawyer who understands the insurance scheme, the claims process and the evidence required to ensure your claim can proceed as quickly and smoothly as possible.
When represented by a competent compensation lawyer, you can take comfort knowing they are there to handle the day-to-day interactions and negotiations with the insurer, allowing you to focus on what matters most: your health, recovery, and wellbeing.
Attwood Marshall Lawyers offer a free case assessment to review your claim and explain what you can expect right from the start.
Our lawyers have the experience to take on the big insurance companies and advocate for the rights of workers and their loved ones to get the outcome needed.
We operate on a ‘No Win, No Fee’ basis for all workers’ compensation claims. For a confidential discussion about your specific circumstances, please call our Compensation Law Department Manager, Tyra Hall, on direct line 07 5506 8261, email thall@attwoodmarshall.com.au or call our 24/7 phone line on 1800 621 071.
Our compensation lawyers are available for appointments at any of our conveniently located offices at Coolangatta, Robina Town Centre, Southport, Kingscliff, Brisbane, Sydney, and Melbourne.
