A Guide to WorkCover Claim in QLD

2024-07-02T20:31:12+10:0011/06/2024|Workers Rights|

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.

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:

  1. Seek Medical Attention: Your health is the priority. Obtain treatment and ensure your injury is documented by a medical professional.
  2. Notify Your Employer: Inform your employer about the injury as soon as possible. This is crucial for the documentation process.
  3. 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.
  4. Assessment of Your Claim: WorkSafe will assess your claim, which may involve further medical examinations and workplace investigations. 
  5. 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.  

How Much Compensation Can I Get for My Workplace Injury?

The amount of compensation you can receive for a workplace injury in Queensland varies. It depends on the severity of the injury, the impact on your earning capacity, and the costs of medical treatment and rehabilitation

WorkSafe Queensland provides a range of benefits, including weekly payments, lump-sum settlements for permanent impairment, and coverage for medical and rehabilitation expenses. 

Here’s a visual table summarising the compensation details for workplace injuries in Queensland:

Aspect of Compensation 

Details 

Weekly Compensation (Temporary Incapacity) Up to 26 weeks: 85% of NWE or the amount under the industrial instrument. Between 26 weeks and 104 weeks: 75% of NWE or 70% of QOTE. 104 weeks onwards: Depends on the degree of impairment. 
Permanent Impairment (Lump-Sum Settlements) Based on the degree of impairment as assessed by a medical practitioner and expressed as a percentage. The amount increases with the degree of impairment. 
Medical and Rehabilitation Expenses Covers hospital stays, medication, and rehabilitation costs, regardless of fault. Designed to assist in recovery and rehabilitation process. 
Application Time Limit Claims should be applied for as soon as possible after the injury or illness occurs, and within six months from the date of the injury or the onset of the illness. 

This table encapsulates the key aspects of compensation available for workplace injuries in Queensland, including the basis for weekly compensation, lump-sum settlements for permanent impairment, and coverage for medical and rehabilitation expenses, alongside the critical timeline for application submission. 

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

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. 

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. 

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. 

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.

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. 

How To Lodge A Workers Compensation Claim

2024-03-13T17:17:09+10:0015/05/2023|Tips & Tricks, Workers Rights|

How To Lodge A Workers Compensation Claim

No one enjoys being off work. The stress that can arise from not being able to put food on the table and pay the bills is enough to upset anyone. If you have been injured at work, or on your travels to or from work, you are most likely due for compensation to assist with medical bills and loss of income. 

Steps To Lodging A Claim

In Queensland, there are steps you will need to follow to lodge your claim with WorkCover. Ensuring you follow these steps will mean you will get the financial assistance you are entitled to in a timely manner.

  1. Notify your employer of your injury as soon as possible after it occurs. There is a six-month time limit that applies, however, this can be waived for certain situations
  2. Prioritise your medical care, ask your doctor to complete a Work Capacity Certificate which can be found here
  3. Provide a copy of the Work Capacity Certificate to your employer
  4. Lodge your claim with WorkCover either online or via fax or post. If the claim is for a fatal accident or if urgent treatment is required, a claim can be lodged by phone on [1300 362 128]. Find out more by accessing the Work Safe website here
  5. Notify WorkCover as soon as possible if your situation changes

Don’t hesitate to contact us if you have any questions along the way. You are not required to make any statements to WorkCover and such statements have been known to hinder the claims process. The sooner you engage professional legal advice, the sooner we can assist in ensuring your claim is properly lodged. 

Some Simple Facts

It’s important to gain legal advice as soon as practicable after suffering a workplace injury. You may be entitled to extra compensation under WorkCover or perhaps eligible to claim loss of income or disablement benefits under your superannuation insurance scheme. Many people are concerned that lodging an injury claim may affect their reputation at work, or feel responsible for their employer’s financial situation. Rest assured, under Queensland law your employer is insured under WorkCover. This is a no-fault insurance scheme which means blame is not placed on any party for the injury. It simply states that an injury has occurred and a claim has been lodged. Similarly, an employer cannot discriminate or punish employees for making an injury claim. Your employer should understand that taking time to heal and rest will allow you to recover and return to work permanently and in optimal condition. 

We Are Here For You

We will ensure your claim is handled professionally and that you get back to work when you are medically sound to do so. Contact the experts at Revolution Law on [07 3416 4999] at any stage, we are here to help with our revolutionary approach to workers compensation claims.

Back Injury Workers Compensation

2022-06-28T17:06:30+10:0003/08/2018|Workers Rights|

Back Injury Workers Compensation

A back injury is not only painful it can have drastic impacts on the quality of your life. Such injuries can impact your workplace productivity and future employment capabilities and prospects. Back injuries can include but are not limited to sprains and strains, bulging discs, slipped discs, fractured vertebrae, tailbone injuries and whiplash.

Most commonly back injuries occur at work due to:

  • Insufficient training
  • Improper lifting techniques
  • Lifting of heavy loads
  • Cutting corners due to time constraints
  • Overexertion from lifting, carrying and throwing

If you have obtained a back injury at work and you are seeking compensation then speak to one of our lawyers today for no cost and with no pressure to quickly obtain the legal advice you need in determining whether or not you have a worker’s compensation claim.  Get in touch on 3416 4999, if you want to speak directly to the owner of the firm ask for Ryan.

What to do if you have injured your back at work? 

The initial step is to report your back injury to your immediate supervisor, this may be owner of the business or a manager. 

You may be required to fill out an incident report at work. If your back injury is severe, then medical attention and treatment are your first priority.

For all non-severe injuries, don’t just try and ‘tough it out’ – it is always important to seek a medical opinion to see if there are any options to speed up your recovery. Also, by not reporting your injury to a medical professional, you are essentially hindering any potential work injury claim.

While you are seeking medical advice, make sure you obtain a workers’ compensation medical certificate should you require any time off work to seek treatment or to just recover. WorkCover Queensland will reimburse you for lost wages if you are concerned about taking time off for this reason.

Your next step is to inform your employer and provide them with a copy of the medical certificate. After you have done this, lodge your claim with WorkCover or self-insurer. At this stage, we can sit down for an obligation-free and zero cost meeting at our local Logan office, or we can drive to you whether you live in Brisbane, the Gold Coast, Ipswich or elsewhere in Queensland. The purpose of this meeting will be to provide you with a detailed explanation of the process of a WorkCover claim, the best way to approach your potential work injury claim and explain what your options are going forward.

What is the WorkCover Claim Process?

A flow chat that shows the workcover statutory process

How to lodge a WorkCover Claim?

If you are injured while you are at work, then you are entitled to access benefits from WorkCover Queensland or from your employer’s self-insurer. It is important to lodge your claim as soon as possible with WorkCover Queensland or the self-insurer as to access these benefits, your claim will need to be approved. You can lodge your claim here: https://ols.workcoverqld.com.au/ols/public/claim/lodgement.wc

How can a claim help you in the future?

As outlined below you will have access to immediate benefits during the statutory phase of your WorkCover claim. Once your initial claim has been finalised we can assist you with the second claim which is called the Common law claim.  With this claim, you may be entitled to a lump sum settlement offer to compensate you for future loss of income, pain and suffering, future medical expenses etc.

Immediate Beneits you can receive from WorkCover include:
  • Weekly compensation for lost wages

If you need to take some time off work due to an injury that you have sustained at work, then WorkCover will calculate the amount of weekly compensation you will receive based on the Workers’ Compensation and Rehabilitation Act 2003 and pay it directly into your bank account. The level of compensation that you will receive will depend on many factors but generally speaking, if you have been injured after 2008, then WorkCover QLD may cover up to 85% of your wages for up to 26 weeks before lowering that compensation amount down to either 70% or 75% for an additional 78 weeks.

  • Surgical and hospital expenses

If you have sustained an injury at work and you require non-elective surgery, then WorkCover may cover your hospital costs for up to four days. If it is elective surgery involving a procedure that is determined as appropriate for the injury by a medical specialist, then WorkCover may cover costs, but it is important that WorkCover approves the operation as a course of treatment before undergoing any elective surgeries.

  • Medicines essential for recovery

Should you require pain relief or prescription drugs, then WorkCover will pay for those expenses.

  • Rehabilitation treatment and equipment

You may need to seek rehabilitation treatment such as physiotherapy or buy equipment such as crutches to help support your recovery. Any rehabilitation treatment or equipment you require needs to be reasonable and relevant to your injury. It is important that when attending treatment, you are seeing a registered practitioner otherwise the expense will not be covered. Most of the time WorkCover can be charged directly, however, if you make an out-of-pocket payment then ensure that you keep the receipt so that WorkCover can reimburse you.

  • Travelling expenses for medical treatment, rehabilitation etc

WorkCover may pay for any necessary and reasonable travel expenses that you incur to obtain medical treatment or attend medical appointments.

What are our tips?

  • Document everything. The claims process is 12-18 months and it is likely you will forget helpful evidence and information without documenting it.
  • Visit your Doctor. It is not enough to say you are injured. You need to evidence your injury. Your medical records will be accessed regarding your injury so it is important that you have the independent doctor outlining your injury and assisting you in the recovery process.
  • Access rehabilitation. It will assist in your recovery.
  • Get in touch with us and let us help you.

What can you do to support your recovery?

  • Ice – Applying an ice pack to the sore area of your neck or back can reduce the severity of the pain for some people.
  • Heat – Exposing your back to moist heat via a hot shower or with a moist towel heated in the microwave may give you some pain relief.
  • Massage – If your back is spasming then massaging it can be helpful after you have used heat or ice on your back. Be gentle when applying pressure to your back. ion
  • Physiotherapy – Physiotherapists can determine injury severity, assess joint movement, provide strengthening and stretching exercises and identify limitations and make recommendations for day to day activities.
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