WorkCover claims in Queensland
What to do if you're injured at work, and what to do if your claim is rejected.
What WorkCover covers
Queensland's workers' compensation scheme covers workers injured at work, and in some cases on the way to or from work. Most employers are insured with WorkCover Queensland; some large employers insure themselves.
A statutory claim can pay weekly compensation while you can't work, medical and rehabilitation costs, and in some cases a lump sum for permanent impairment. You don't need to show that anyone was at fault.
Claims for damages (common law)
If your employer or someone else was at fault, you may also be able to claim damages. This can include past and future loss of earnings, superannuation and pain and suffering. You must have made a WorkCover claim first, and there are steps to take before court proceedings can start.
If you're offered a lump sum for permanent impairment and your impairment is assessed at less than 20%, accepting it can mean giving up the right to claim damages. Get advice before you accept or decline.
If your claim is rejected
You can ask the Workers' Compensation Regulator to review the decision. The application generally has to be made within 3 months of receiving the decision. A lawyer can help you gather the medical and other evidence the review needs.
What to do now
- See a doctor and ask for a work capacity certificate.
- Tell your employer about the injury as soon as you can.
- Lodge a claim with WorkCover Queensland (or your employer's insurer).
- Keep copies of certificates, receipts, letters and emails about your injury.
- Get advice before you accept any lump sum offer.
General information about Queensland law, not legal advice about your situation.