Worker's Compensation Claims Queensland

Statutory worker’s compensation claims are part of Queensland’s ‘no-fault’ worker’s compensation scheme. They provide injured workers with the necessary benefits to help them recover from a workplace injury or illness. 

Strict time limits apply when seeking compensation for a work-related injury, so it is always important to obtain legal advice as soon as possible to ensure you are aware of your rights and entitlements and can obtain maximum compensation for your illness or injuries.

FREE ADVICE FROM A WORKER'S COMPENSATION LAWYER: 07 3310 8729

Who can claim for worker’s compensation under the Queensland scheme?

The majority of workers injured while working in Queensland and/or for a Queensland employer will be covered by the Queensland state-based scheme. If the Queensland scheme applies to you, then you will be entitled to make a work accident claim for statutory worker’s compensation benefits if you have sustained an ‘injury’ as defined by the Queensland worker’s compensation legislation.

If you are unsure as to whether you are covered by the Queensland scheme or another scheme (for example, Comcare), you should ask your supervisor or someone else at work about which scheme applies to you.

Sometimes, especially if you work in different states (but for the same employer), it may not be clear which scheme applies. If you need assistance with working this out (that is, you can’t get any sense from anyone at work), then contact us, and one of our work accident lawyers can help work out which worker’s compensation scheme applies to you.

FREE ADVICE FROM A WORKER'S COMPENSATION LAWYER: 07 3310 8729

What worker’s compensation benefits am I entitled to?

In Queensland, you can recover:

• lost wages, including overtime and other penalties (but excluding superannuation, unfortunately);

• medical and like expenses which relate to treatment of your work; injury

• rehabilitation expenses;

• travel costs (to and from medical and rehabilitation appointments); and

• lump sum compensation (when your injury is ‘stable and stationary’ and able to be assessed for permanent impairment)

If your injury or illness was caused by the negligence of another person or entity, in addition to your statutory entitlements, you will usually be entitled to bring a claim for worker’s common law damages.

Are there time limits for making a worker’s compensation claim?

Yes, there are!

If you are covered by the Queensland Workcover scheme, you have 6 months from the date you become ‘entitled to compensation’ in which to make a worker’s compensation claim. Also, the Queensland Act provides that you should advise your employer as soon as you are injured (regardless of whether or not you intend to apply for compensation).

The 6-month timeframe for submitting a claim is very important. 

The ‘golden rule’, however, is to make a claim as soon as possible to ensure all your rights and entitlements are protected. A worker’s compensation claim can still be accepted even if it is lodged outside the 6-month timeframe, but it can become a little more complicated. 

Our Queensland worker’s compensation lawyers can help you with the process of lodging your claim if you are unsure about what to do. We can also assist you if your claim is rejected on the basis that it was lodged out of time.

How do I make a worker’s compensation claim in Queensland?

You will need to complete an Application for Compensation form. If your employer has its worker’s compensation policy with Workcover Queensland, you can complete your application online through the Workcover Queensland website.

You will also need a Medical Certificate in the approved form from your treating doctor. Your doctor should be familiar with the correct worker’s compensation Medical Certificate form that needs to be completed, but make sure you review the completed certificate to ensure your doctor has correctly noted the description and circumstances of your injury. 

You can read more detailed information about lodging your claim in our blog, “How to claim workers compensation in Queensland”.

Can I make a TPD claim as a result of my work accident as well?

The short answer is ‘yes’.

But the timing of making a TPD claim is important too! We can assist you with TPD or income protection claims if you have stopped work (temporarily or permanently) due to your workplace accident.

The interplay between worker’s compensation and superannuation TPD and income protection benefits can be quite complex, so do not hesitate to contact us to get some initial advice about your options at no cost.

Speak to a Queensland worker’s compensation lawyer

Cameron Hall is a Queensland Law Society Accredited Personal Injury Specialist with more than 32 years dedicated experience in helping individuals recover the compensation they deserve, whether it be as a result of an injury sustained at work, in a motor vehicle accident, through the negligence of a medical service provider, or in a public or private setting.