If you have suffered a work injury in Queensland that has left you unable to work, you may be eligible for a WorkCover claim.
A workers compensation claim can provide financial support and peace of mind as you recover from your work-related injury.
At Revolution Law, we specialise in personal injury law and offer expert guidance to ensure you receive the benefits you deserve.
We are a dedicated team of workers compensation lawyers in Brisbane with over 23 years of combined average experience, committed to protecting your rights and making the workers compensation claims process in Queensland as smooth as possible for you.
Workers Compensation Claim in Queensland
If you experience an injury, illness, or mental health issue because of your job in Queensland, you might qualify to file a workers compensation claim under WorkCover Queensland. This system is in place to help you get back on your feet by providing financial support and medical care during your recovery.
WorkCover covers a number of work-related injuries and situations, such as:
- Getting hurt while doing your job
- Injuries that happen while travelling to or from work
- Incidents that occur during work-related travel
- Accidents at work events or activities
If your WorkCover claim is approved, you can receive weekly payments to replace lost wages and coverage for your medical expenses. This includes costs for physiotherapy, rehabilitation, doctor visits, surgeries, and any other necessary treatments.
The goal is to help you recover without the burden of financial worries, allowing you to focus on your health and return to work when you are ready.
You’re Claiming Insurance, Not Suing Your Boss
One of the most common concerns we hear from injured workers is the worry that making a WorkCover claim means taking legal action against their employer.
This is not the case.
WorkCover is an insurance scheme that Queensland employers are legally required to hold.
When you lodge a claim, you are accessing an insurance entitlement, much like you would claim on your car insurance after an accident.
Your employer is not personally paying your compensation, and the claim is not directed at them.
The system is specifically designed to support both workers and employers when a workplace injury occurs.
Many employers are relieved when their injured workers go through the proper WorkCover process, because it keeps everything transparent and ensures the worker receives appropriate care and support.
If you have been injured at work, lodging a claim is the responsible step, for your health, your financial stability, and your ability to return to work when you are ready.
Who is Eligible for a WorkCover Claim?
Casual workers, part-time and full-time employees, and in some cases, subcontractors and volunteers, may also be eligible for claims.
Eligibility for a worker cover claims in Queensland hinges on several factors. To qualify, an individual must be an employee who has sustained an injury or illness due to their employment.
Aspects of eligibility include:
- Physical injuries
- Psychological disorders
- Aggravation of pre-existing conditions
- Diseases contracted in the course of employment
How to Apply for a WorkCover Claim in Queensland
The process of applying for a WorkSafe claim in Queensland involves several steps:
- Seek Medical Attention: Your health is the priority. Obtain treatment and ensure your injury is documented by a medical professional. Ask your doctor to complete a Work Capacity Certificate, which is the formal document required to support your claim and any time off work.
- Notify Your Employer: Inform your employer about the injury as soon as possible. This is crucial for the documentation process. Provide your employer with a copy of your Work Capacity Certificate.
- Lodge a Claim with WorkSafe Queensland: Fill out the necessary work cover claim form provided by WorkSafe or download it from their website. Include all relevant medical documentation and reports.
- Assessment of Your Claim: WorkSafe will assess your claim, which may involve further medical examinations and workplace investigations.
- Claim Outcome: You will be notified of the outcome. If approved, you will receive compensation. If not, you can seek legal advice on the next steps.
Check out our complete guide on Workcover payout in Queensland here.
Important: Statements to WorkCover
You are not required to provide a recorded statement to WorkCover as part of your claim.
In many cases, providing a statement without legal guidance can inadvertently affect the outcome of your claim.
If WorkCover contacts you requesting a statement, it is worth seeking legal advice first to understand what is and is not required of you.
Understanding the Two Stages of a WorkCover Claim
The Queensland workers’ compensation system operates across two distinct stages, and understanding the difference between them is essential to ensuring you receive your full entitlements.
Stage 1 : The Statutory Claim
This is your initial claim through WorkCover.
It operates on a no-fault basis, meaning you can claim regardless of who caused the injury.
The statutory claim covers weekly wage replacement, medical and rehabilitation expenses, and may include a lump sum payment if your injury results in a permanent impairment.
WorkCover will arrange an independent medical assessment to determine your Degree of Permanent Impairment (DPI), and any lump sum offer will be calculated based on this assessment.
Stage 2 : The Common Law Claim
After the statutory phase, you may be eligible to pursue a separate common law claim.
Unlike the statutory claim, a common law claim requires establishing that your employer was at fault for your injury. However, the potential compensation is significantly greater and is tailored to your individual circumstances.
A common law claim can cover loss of past and future income, pain and suffering, future medical expenses, superannuation losses, and gratuitous care.
Why You Should Seek Legal Advice Before Accepting a Lump Sum Offer
This is one of the most important things to understand about the WorkCover process: if you accept a statutory lump sum offer and your assessed impairment is below 20%, you may lose your right to pursue a common law claim altogether.
Many workers accept the initial offer without realising that a common law claim could result in substantially higher compensation.
According to the Workers’ Compensation Regulator, only around 10% of injured workers go on to pursue a common law claim, yet those who do typically receive far greater compensation than through the statutory process alone.
Speaking with a workers compensation lawyer before signing anything can help you understand whether a common law claim may be available to you.
Superannuation Losses
One often-overlooked impact of a workplace injury is the loss of superannuation contributions.
While you are off work and receiving WorkCover payments, your employer is generally not making super contributions on your behalf. Over time, this can add up to a significant financial loss.
Superannuation losses cannot be recovered through a statutory claim, but they can be included as a head of damages in a common law claim.
This is another reason why obtaining legal advice about your options is important before finalising your claim.
Is There a Time Limit to Making a WorkCover Claim?
Yes, there are time limits for making a WorkSafe claim in Queensland. Generally, you should apply as soon as possible after the injury occurs. However, the statutory time limit is within six months from the date of the injury or the onset of the illness. In certain circumstances, extensions can be granted, but it’s crucial to act promptly to ensure your claim is lodged within the allowable time frame.
Some Common FAQs
1. What should I do if my WorkCover claim is rejected?
Seek legal advice with Revolution Law immediately. Our lawyers can help you understand the reasons for rejection and guide you through the appeals process.
2. Can I return to work while receiving WorkCover benefits?
Yes, you can return to work in a reduced capacity or different role that accommodates your recovery, often as part of a rehabilitation plan.
Your employer has a legal obligation to provide you with workplace rehabilitation to support your recovery and safe return to work.
This may include modified duties, gradual return-to-work plans, or retraining where necessary.
3. Does WorkCover cover psychological injuries?
Yes, psychological injuries that are work-related, such as stress or anxiety, are covered under Queensland’s workers compensation laws.
4. Can I choose my own doctor for WorkCover claims?
Yes, you have the right to choose your own doctor for your WorkSafe medical assessments and treatments.
5. Can my employer dismiss me for making a WorkCover claim?
No.
Queensland legislation protects injured workers from dismissal for up to 12 months after sustaining a workplace injury.
Your employer cannot terminate your employment because you have lodged a WorkCover claim or because you are unable to perform your usual duties while recovering.
6. Does WorkCover provide support if a worker passes away due to a workplace injury?
Yes.
If a worker dies as a result of a work-related injury or illness, WorkCover may pay compensation to the worker’s dependants.
This can include medical costs incurred before the worker’s passing, funeral expenses, and ongoing financial support for family members who were partially or fully dependent on the worker’s income.
The specifics depend on individual circumstances.
7. When do WorkCover payments stop?
Your entitlement to weekly WorkCover payments will end when the earliest of the following occurs: you return to work and are no longer incapacitated by your injury, you receive a lump sum compensation offer, you have received weekly payments for five years, or your total weekly compensation reaches the maximum amount payable under the scheme.
WorkCover will also stop covering medical and treatment expenses once your weekly entitlement ends and your injury is assessed as no longer likely to improve with further treatment.
Navigating Workers Compensation Claims in QLD
Workers compensation is a vital safety net for employees in Queensland. Understanding your rights and the claims process is essential for any worker facing injury or illness due to their job.
If you’re navigating the complexities of a workers compensation claim in Queensland, Revolution Law can help. Our team of experienced personal injury lawyers specialises in workers compensation and will work with you directly to ensure you receive the compensation you deserve. Our obligation-free consultation offers a starting point for those seeking justice and compensation for workplace injuries.
With the support of Revolution Law, you can confidently pursue the benefits you are entitled to and focus on your recovery and return to work.
