What is Work Cover

2023-01-08T18:25:17+10:0006/01/2023|Injury, Uncategorized, Workers Rights|

What is Work Cover?

WorkCover Queensland is an insurance company that provides workers’ compensation insurance.

An employer pays annual premiums to cover their employees.

Are injured workers still eligible for compensation if your employer is uninsured?   

YES! If Workcover is required to pay your worker’s injury claim, and your employer is uninsured or under-insured, they can recover from your employer the amount they have paid out on the claim, plus a further penalty.

Accident insurance is compulsory if you employ workers in Queensland.

Can your employer charge you for having Workers’ Compensation Insurance? 

NO! It is an offence to charge a worker (directly or indirectly) for the cost of workers’ compensation or damages. ANY AMOUNT paid for a work injury claim can be recovered and a fee imposed.

Can your boss sack you for being injured at work? 

NO! Workers who have work-related injuries are protected by legislation. This includes protecting them from dismissal within 12 months of sustaining a workers injury.

Does your boss have to provide rehabilitation if you are injured at work? 

YES! Your employer must provide you with workplace rehabilitation in case of a claim. They should support you in getting better and back to work safely and as early as possible.

What types of Injuries are covered by WorkCover? 

  • physical injuries – cuts, lacerations, burns,
  • penetrating wounds, broken bones or fractures
  • psychological and psychiatric injuries – depression, anxiety, post-traumatic stress disorder
  • diseases – industrial deafness, Q-work related respiratory diseases, such as asbestosis, silicosis, and others
  • aggravated injury or ongoing symptoms
  • critical injuries or work-related fatalities.

I was injured on the way to work -am I still covered? 

YES – You are covered

  • At your workplace
  • Travelling between worksites
  • While working interstate and overseas.
  • Travelling between work and home (“journey claim”).

What about if the injury is a result of serious or wilful misconduct? 

The injury may be covered. The injury would need to meet specific criteria. Ask our Revolution Law team for further explanation on this matter.

What about if it was my fault? 

The statutory scheme operates on a no-fault basis, meaning a worker can claim regardless of who caused the injury.

What does WorkCover compensation cover? 

Basically, the following are covered, with various qualifications depending on individual circumstances.

  • weekly benefits for lost wages
  • medical expenses
  • rehabilitation expenses (such as physiotherapy or counselling)
  • hospital expenses
  • travelling expenses
  • lump sum compensation for permanent impairment
  • death benefits.

What about if I lose the use of or part of my body? 

If you suffer a permanent impairment— loss of efficient use of part of the body, or loss of part of the body—as a result of your work-related injury, you may be entitled to a lump sum compensation.

If I die due to a work-related injury, does WorkCover help my family? 

WorkCover may pay compensation for the death of a worker to the workers’ family (‘dependants’). Payments can include any medical costs, funeral costs, and compensation payable where family members are partially or totally dependent on the worker’s earnings. Qualifications depend on individual circumstances.

When does Workcover stop paying me? 

A worker’s entitlement to weekly compensation ends when the first of the following happens

  • You return to work and are no longer injured
  • You receive a lump-sum offer
  • You have received weekly payments for five years
  • Your total weekly compensation reaches the maximum amount payable.

When does Workcover stop paying for my treatment?

WorkCover will stop paying medical treatment, rehabilitation, hospital, travelling, and expenses when your entitlement to weekly compensation ends and the injury will no longer improve with further treatment.

I am not happy with WorkCovers compensation offer. What can I do now? 

You may choose to seek damages for their injury through a common law claim. Your policy covers you for the cost of a common law claim. You must meet certain criteria before you are entitled to seek damages and you will need to establish some liability on the employer’s part.

Common law costs (damages) can include payments for:

  • pain and suffering
  • past and future wages or economic loss
  • past and future medical costs

legal costs.

In most instances, statutory claim costs are offset against any damages to be paid. Check out this LINK to find out more information.

If you’re concerned about a worker or you had an injury, contact your local Revolution Law Team to discuss your options. For further information about WorkCover and your rights at work, we can organise a no-obligation meeting with a lawyer whenever suits you.