QLD WorkCover Claims – Workplace Injuries

There are two different types of workers’ compensation claims:  

1. Statutory Benefits Claims (no-fault) 
   Workers’ compensation claims must initially be lodged as a statutory benefits (no-fault) claim. This entitles an injured worker to weekly benefits such as weekly income payments, medical treatment costs, rehabilitation expenses, and a lump sum for any permanent impairment. These benefits cover workers for much of the costs they incur whilst off work and recovering from injury. The statutory benefits claim is a no-fault, temporary claim for benefits. 

   Once your injuries stabilise, you will be assessed by an independent medical assessor paid by the workers’ compensation insurer. If you are assessed as having suffered a permanent impairment from your work injury, you will be offered a lump sum payment for compensation before your statutory benefits claim is finalised. WorkCover Queensland, or the workers’ compensation insurer, will issue you with a Notice of Assessment that includes a lump sum offer based on your percentage impairment. At this point, you must decide whether to proceed with a Common Law negligence claim for compensation. It is vital you obtain legal advice as early as possible to understand your rights to benefits and the best course of action. 

   Statutory Benefit Claims are not designed to compensate an injured worker for losses such as future treatment requirements or future income loss. If you require compensation for losses you may incur in the future, you will need to make a Common Law claim. 

2. Common Law Claims (fault-based claims)
   If your injuries at work were suffered a result of employer negligence, co-worker negligence, a dangerous system of work, unsafe work practices, poor training, faulty equipment, or similar, you may be able to make a common law claim for compensation.
   
   To succeed with a common law claim, you must prove that the employer (or your co-worker) was at fault, or that reasonable precautions would have prevented the work accident from happening. Many injured workers wrongly assume that they cannot demonstrate fault, or incorrectly blame themselves for their injury. Obtaining legal advice from an experienced compensation lawyer is essential.
   
   A common law claim is for a once-off lump sum payment. This payment includes compensation for your losses incurred as a result of your injury, as well as all anticipated future losses.  

Depending on your circumstances, a common law claim will typically involve a claim for:

• General damages, pain and suffering; 
• Loss of income to date, including interest and superannuation; 
• Future income loss over the remainder of your career, plus superannuation; 
• Paid/commercial care costs (e.g. paid cleaner, gardener, home maintenance); 
• Medical treatment, rehabilitation costs, medication, travel expenses; 
• Costs involved with helping you return to work; 
• Equipment, aids, prostheses, wheelchairs, or any other items you may require to assist you; 
• Home modification, if required. 

In some circumstances, WorkCover (or the workers’ compensation insurer) will be required to contribute to your legal costs.  

We will help you through every stage of your compensation claim. For immediate assistance, call our team on 1800 621 071. 

WorkCover Queensland is the primary insurer for most Queensland businesses. Workers whose employers are self-insured will need to contact their employer’s insurer to make a claim for workers’ compensation.  
 
Do not let your employer persuade you not to seek legal advice or pursue a claim for your workplace injury. In most cases, it is the insurer that pays out the claim, not your employer.   
 
We offer a free initial and confidential consultation so you can find out where you stand and make an informed decision about whether to make a  claim. We will discuss your injury and its causes and provide you advice about what to do next. Call our friendly team any time on 1800 621 071. 

Employers in Queensland are legally required to protect their workers with workers’ compensation insurance. Employers pay premiums to ensure that WorkCover Queensland (or another insurer) will pay benefits and compensation to their workers if they suffer an injury during the course of their employment. The employers do not pay these benefits or compensation out of their own pocket.  

You are entitled to claim workers’ compensation if you suffered injury in the course of your employment, where your employment is a significant contributing factor to the injury, including if you are:  

• Employed part-time, full-time, on a casual or permanent basis; 
• A subcontractor or contractor; 
• A junior, work experience student, volunteer in the workplace; 
• A self-employed worker (in some cases). 

In the event of a severe injury or workplace fatality, the spouse and/or dependents of the injured or deceased worker is usually entitled to claim benefits and compensation. 

If you are unsure as to whether you are entitled to claim workers’ compensation, it is imperative that you seek legal advice from an experienced compensation lawyer at the earliest opportunity.  

We offer a free initial consultation so you can find out where you stand, helping you make an informed decision. Call our friendly team on 1800 621 071. 

Your application for compensation should be lodged with the insurer as early as possible. You can submit your application online on the WorkCover Queensland website. 

Each individual case is different and strict time limits apply. Legal advice should be sought as soon as possible after you sustained the injury, or the onset of symptoms, to ensure you understand the next steps you need to take and the time limitations that apply to your case.  

You must submit your application within 6 months from the date you injured yourself at work, or from the date your first symptoms commenced.  

There is a three-year time limitation from the date of injury in which you must either commence the claim in court, or lodge a Notice of Claim for Damages. If that has not occurred within 3 years, the claim will be statute-barred, and you will be prevented from making a claim for compensation for your injury. If you have not received your Notice of Assessment from WorkCover (to commence your common law claim) within 3 years from the date of your injury, you can still lodge your Notice of Claim for Damages outside the three years as long as it is within 6 months of receiving the Notice of Assessment – failing which the claim will likely be statute-barred. 

The time it takes for your claim to be finalised is determined by a number of factors. These include: 

1. The nature of your injuries and how long it takes for your injuries to stabilise. In most cases, this takes 6-12 months after the accident or post-surgery; 
2. How long you remain on statutory benefits (before commencing your common law claim); 
3. The number of defendants to the common law claim and their attitude towards settlement or proceeding to court. In most cases, workers’ compensation claims usually settle before proceeding to court; 
4. The legal steps required to progress your claim to settlement or a court award. 

Once you have lodged a Notice of Claim for Damages (to commence your common law claim), the parties must attend a compulsory settlement conference within 9 months to attempt to resolve the matter. This conference usually takes place anywhere from 5-9 months after the claim is lodged. In most cases, workers’ compensation claims are resolved at the compulsory conference stage. 

If the claim is not resolved at the conference, a second settlement conference known as a mediation, is usually held 6-12 months after the first. A trial would not take place for a further 12-18 months thereafter, but workers’ compensation claims are usually resolved at the first or second conference without the need for trial.  

Once the claim is settled between the parties, it usually takes 6 weeks to be paid compensation.