Workers’ compensation in the agricultural industry Queensland

Agriculture is physically demanding, high-risk work. Tractors, quad bikes, augers, chainsaws, chemicals, animals, heat and long days all increase the chance of accidents and injury. If you’re injured working on a farm, orchard, feedlot or packing shed in Queensland, you can claim workers’ compensation through WorkCover Queensland or a self-insurer. 

How the farming industry can differ when it comes to workers’ compensation

• Diverse tasks and changing conditions – planting, harvesting, fencing, spraying and stock work, often on uneven terrain;
• Moving and fixed plant hazards – tractors, harvesters, quad bikes, side-by-sides, augers and conveyor belts;
• Environmental exposures – heat, sun, dust, noise, chemicals and zoonoses (diseases that can pass from animals to humans);
• Seasonal peaks and long hours – fatigue and labour shortages can lead to shortcuts and reduced supervision.

Common injuries and illnesses in farming and agriculture

• Musculoskeletal injuries from lifting crates, repetitive picking and awkward postures;
• Quad bike and tractor rollovers causing fractures, head and spinal injuries;
• Entanglement (including de-gloving injuries) and crush injuries around augers, conveyor belts and balers;
• Cuts, amputations and eye injuries from chainsaws, grinders and fencing work;
• Chemical exposure leading to skin, eye and respiratory conditions;
• Heat stress, dehydration and sun-related illness;
• Psychological injuries linked to fatigue, isolation and critical incidents.

Additional complexities with seasonal and migrant workers

Seasonal workers (including visa holders and backpackers) often move between farms or return overseas after harvest. 

Key points for this cohort of workers to consider if injured at work:

• Report an injury and lodge a workers’ compensation claim: report the injury right away and lodge your claim as soon as possible. Strict time limits apply (see below). If you return home, you can still progress your claim from overseas and receive your entitlements. 
• Medical certificates: keep copies of your Work Capacity Certificates (your specific work-injury medical certificates) and treatment records. Ask your GP for clear diagnoses and any work restrictions (for example, reduced hours or a change of duties);
• Continuity of care: line up Telehealth where possible and keep receipts for travel or treatment related to the workplace injury;
• Labour hire and host duties: if you were supplied by a labour-hire provider to a host farm, there may be overlapping safety duties. This can be relevant to entitlement decisions and any negligence investigation that may lead to a common law claim, in addition to any statutory entitlements.
• Language support: request an interpreter for medical and insurer calls so nothing is lost in translation.

How a workers’ compensation lawyer with farming industry experience can help

• We understand farm operations and job roles specific to the industry, from pickers and packers to machinery operators, stock hands and shearers;
• We know what evidence to gather – incident reports, maintenance logs, chemical registers/SDS, training records, CCTV and photos of plant and paddock conditions;
• Where overseas/seasonal workers return home, we will continue to work with you and ensure you receive all the benefits you are entitled to.

What benefits are payable after a successful workers’ compensation claim?

If you’re injured at work in Queensland and your workers’ compensation claim is accepted, you may be entitled to the following benefits:

• Weekly payments to cover loss of wages;
• Medical expenses related to your workplace injury;
• Lump sum compensation due to permanent impairment; and
• Travel expenses for attending medical appointments related to your injury.

In addition to the above statutory entitlements, workers who are injured due to the negligence of another person or entity (often the employer) may also be entitled to bring a common law damages claim.

Where a worker passes away due to a workplace accident, death benefits are payable to the worker’s dependents (also, funeral expenses are met regardless of whether there are any dependants).

Time limits

Ordinarily, you must lodge your workers’ compensation claim within six (6) months of any entitlement to compensation. Applications outside this timeframe may be considered, but are rarely accepted by WorkCover/self-insurers.

Speak to a Queensland workers’ compensation lawyer

Cameron Hall is a Queensland Law Society Accredited Personal Injury Specialist with more than three decades of dedicated experience helping injured workers recover the compensation they deserve.

Contact us for a no-obligation, free initial appointment. It costs you nothing to find out where you stand.