Workcover Claims QLD

Injured at work? Access expert legal guidance for workers compensation claims with no upfront costs with our award-winning team of expert no-win, no-fee accident lawyers.

Queensland’s workers compensation scheme is designed to provide injured workers with a means through which support can be obtained for their recovery following a workplace accident. This can include payment of related medical expenses, cover for lost wages, and compensation for the impact a work related injury has had on their lives.

The scheme is also intended to achieve:

• Improved worker safety
• Prevention of injuries
• Effective rehabilitation and return to work programs

If you or a loved one has suffered an injury at work and are unsure of your rights, seeking out qualified legal advice from a work accident lawyer is recommended. 

Our work injury compensation experts can provide:

• Complimentary, obligation-free initial advice concerning your rights and situation 
• Explain your options for pursuing a workers compensation claim
• Advice on whether a no-win, no-fee claim for a tax-free lump sum is possible

Unsure of your workers compensation rights. Get free expert advice now.

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Who is entitled to make a WorkCover claim?

Generally, any worker who has suffered a work-related injury or illness as a result of their employment is entitled to compensation.

Queensland legislation specifically states that workers compensation can be claimed for an injury, illness and/or death if it ‘arises out of, or in the course of, employment’, such as when a worker is:

• At their place of employment
• Performing work duties elsewhere as part of their role or when they are required to be there by their employer
• On a normal break during the workday
• Travelling to or from their home to their workplace (such as a car accident or cycling injury)
• Travelling to or from their home or workplace to a school or training course they are doing for work purposes
• On a journey between two workplaces

Making a claim to WorkCover Queensland - A step-by-step guide

In Queensland, the primary method for making a WorkCover claim is to submit a statutory (no-fault) claim online with WorkCover Queensland. 

However, before this can be done, several steps need to be performed. Of course, the first thing to do following a workplace accident is to secure urgent medical treatment for the injured worker and ensure the immediate safety of the workplace. 

The injured worker may:

• Require transport to hospital if the injury is serious enough, or
• Attendance at a medical centre to consult a doctor for treatment

Where an injury is involved, all medical professionals must be advised up-front that the injuries or illness are work-related and that a WorkCover claim may be made. This ensures that suitable records will be made and kept for you to submit in the course of making your claim.

The 7 primary steps to make your WorkCover claim are:

• Advise your employer. Inform your employer in writing about the accident and your injuries – if you are too unwell, someone can do this on your behalf.
• Obtain a work capacity certificate. Your treating medical professional, such as your GP or specialist, can provide this. This is a specific type of medical certificate required for WorkCover claims. 
• Submit the work capacity certificate. Pass a copy of the certificate to your employer and inform them that you will be pursuing a WorkCover claim.
• Determine where to make your claim. If your employer is self-insured, you will claim directly with them, if not, you will claim via WorkCover Queensland. 
• Submit your claim. This can be done online, by mail or over the phone, and must be submitted within 6 months of the accident or the date you receive a medical opinion linking your injury or illness to your work. 
• Provide further information as needed. WorkCover Queensland or your self-insured employer may require additional information from you during the claims process. If you are unsure about these requests, or unable to provide what is being asked of you, pursuing legal advice is recommended. 
• Consider the outcome of your claim. WorkCover Queensland aims to decide on claims within 20 business days, provided all the required information has been given. If your claim is accepted, you will receive certain support and payments – more information about these is available here.

How is WorkCover compensation calculated? 

In Queensland, WorkCover compensation is based on income reimbursement. This means your weekly compensation payments will be calculated based on the wages you received from your current employer in the 12 months before your injury. 

Reimbursement of your injury-related medical expenses and rehabilitation may also be included in the compensation amount. Your weekly payments will cease if:

• You return to work and are no longer injured
• Receive a lump-sum compensation payment
• Your weekly payments reach the maximum payable amount
• You have been receiving payments for five years 

Notice of Assessment

To finalise a statutory WorkCover claim a Notice of Assessment containing a Degree of Permanent Impairment (DPI) assessment with an offer of a lump sum compensation amount will be provided to the injured worker.

Where a DPI of less than 20% is determined, the worker must then choose whether to accept the lump sum payment or to make a common law claim through the court system. You cannot do both. Where there is a DPI over 20%, a lump sum can be accepted and a common law claim pursued. 

Once you receive your Notice of Assessment and lump sum compensation offer, you will be given just 20 business days to respond. You must decide whether to accept or reject the offer. Or you could defer your decision. 

To ensure your offer is fair, and that you are best informed to make the right decision, you should seek legal advice immediately upon receiving the notice and compensation offer. A qualified and experienced workplace accident lawyer can properly assist in best navigating this process and ensure your rights are upheld. 

Why choose Murphy’s Law Accident Lawyers?

While the steps to make a WorkCover claim can appear relatively straightforward, without an understanding of the relevant legislation, experiences and outcomes can vary. As an employee injured at your workplace, you deserve to receive the maximum amount of compensation available to you. 

Engaging the support of a genuine and experienced workplace accident lawyer can help you navigate this process with greater ease and optimal outcomes. This is especially true for those considering whether to accept a WorkCover lump sum payment or to pursue a common law claim.

Essential, Accessible Advice 

Seeing you as an individual and not a case number, we work closely with you to explain your rights and guide you through the entire process. This includes whether or not a no-win, no-fee claim for a tax-free lump sum may be possible.

Offering a complimentary, obligation-free initial consultation, we can speak with you over the phone, in our office, or at a place of your choosing. Award-winning, and backed by a host of five-star Google reviews and testimonials, we’re the team you can trust to protect your interests following a workplace accident.

FAQs

How do I know if my employer is self-insured?

Most employers will be insured by WorkCover Queensland. Some, however, arrange their own workers compensation claims insurance and manage their own WorkCover claims. WorkSafe Queensland publishes a list so you can check if your employer is self-insured.

Some of the major employers on the list include:

• Brisbane City Council
• Coles
• Woolworths
• Wesfarmers - owners of Bunnings, Kmart, Officeworks, and more
• Qantas

If your employer is not on that list, you can make your claim directly through WorkCover.

What is a Work Capacity Certificate? 

A detailed medical certificate specific to, and required for WorkCover claims, a Work Capacity Certificate includes details about:

• The injured worker
• The injury and the circumstances in which it occurred
• What treatment plan is proposed by the doctor
• Any limitations to physical functioning caused by the injury
• Rehabilitation needs
• Return to work plans

What information do I need to make a WorkCover claim? 

To assist in a smooth submission of your claim it is advised you gather necessary information ahead of time. As a minimum, you should have on hand:

• Personal details of the injured worker, including bank account information to receive payments
• Employment details
• Details of the injury
• A Work Capacity Certificate

Where a Work Capacity Certificate is unavailable to attach to the claim, you will need to provide information about:

• When the certificate was completed
• Your treating doctor and their diagnosis
• Your capacity to work
• Future treatment required

In many cases, you may need further evidence to establish your entitlement to claim. This might include:

• A statement by you about how the injury occurred, or the illness came about
• If there was an accident, statements from any witnesses about what happened.
• A letter or report from a doctor, specialist or other medical professional linking the injury or illness to your workplace or the performance of your work duties.

Some types of claims, like psychological injury, industrial deafness, or workplace fatalities, will require more information than others. WorkSafe Queensland provides additional guidance for claims of these kinds.

What is covered by WorkCover? 

As set out in chapter 3 of the Workers Compensation and Rehabilitation Act 2003 a WorkCover compensation claim may include reimbursement or payment of:

• 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

Medical conditions deemed eligible for cover under the Act include:

• Physical injuries obtained during the course of work
• Psychological disorders related to work
• Aggravation of pre-existing conditions 
• Diseases contracted in the course of employment 

What if my WorkCover claim was denied or rejected? 

If your workers compensation claim is rejected, you can lodge an appeal or dispute for compensation and medical benefits. There are strict timelines for lodging an appeal and dispute and careful consideration of the reasons behind the denial or rejection must be given before preparing for this. 

It is strongly advised you seek our legal advice in these instances, as a specialised workplace accident compensation lawyer is best placed to assist. We can interpret the findings of WorkCover and help you in gathering the necessary evidence to support your appeal.