DraftThis guide has not been reviewed by a lawyer yet. It is general information about Queensland law, not legal advice.
The short version
- If you are hurt at work, get treatment first and ask your doctor for a work capacity certificate.
- Tell your employer, then lodge a claim with WorkCover Queensland. Most claims are decided within 20 business days.
- You should claim within 6 months of a diagnosis. A late claim may still be accepted if there was a good reason.
- If a claim is rejected, you can ask for reasons and then ask for a free independent review.
What this usually means
If you are hurt or become ill because of your work, you may be able to make a workers' compensation claim. In Queensland most claims go to WorkCover Queensland. It can cover medical costs, part of your lost pay and help to get back to work.
This is a no-fault system. You do not need to show your employer did anything wrong. Your work needs to be a significant contributing factor, meaning an important part of the cause, but not necessarily the only one. It can cover a sudden injury, an illness from your conditions, a mental injury such as anxiety or depression, or a past injury that your job made worse.
Some large employers are self-insured and handle claims themselves. The steps are similar.
You may be feeling shaky, sore or worried about money. That is normal. You do not have to sort it all out today. Start with step one below.
What you can do now
- Get treatment. See a doctor or go to hospital. Say it is work related.
- Ask for a work capacity certificate. WorkCover cannot decide your claim without one, and it can only cover payments from the date a doctor first sees you.
- Tell your employer. Give them what happened and a copy of the certificate. Ask them to record it. If you are able, write down what happened while you remember it.
- Lodge your claim. You can do it online, by phone on 1300 927 928, or on a paper form. Give your details, your employer, the certificate and how and when it happened.
- Keep copies. Save your claim, the certificate, receipts, and emails with your employer or WorkCover.
- Start rehabilitation. If the claim is accepted, your employer must support your recovery, including safe duties where possible.
After you lodge, WorkCover checks your details, may ask your doctor for records, and contacts your employer for wage and employment information. It may ask you to see an independent doctor, and it should explain why. If it needs more time, it should tell you and explain the delay.
Weekly payments, medical and rehabilitation costs, travel costs and, for some people, a lump sum for permanent impairment are the main kinds of payment. What you receive depends on your injury and your pay. WorkCover can explain how it works out your payments.
Time limits
- Making the claim: within 6 months of a diagnosis, or within 20 business days of a doctor, nurse practitioner or dentist first assessing you as having a total or partial incapacity for work.
- Late claims: WorkCover may make an exception if the delay came from a genuine mistake, being away from Queensland or Australia, or another reasonable cause, such as a doctor not telling you there may be a link to work. It may still not accept the claim, so lodge as soon as you can.
- Reasons for a decision: you can ask WorkCover for a reasons letter within 20 business days.
- Review: you can apply to the Regulator within three months of receiving that letter. It is free.
- Damages claims: these are separate court claims. They are usually subject to a general 3 year limit from the injury. Get advice early if you think this applies.
If it goes further
Most claims are decided within 20 business days. If your claim is not accepted, WorkCover will explain in writing. You can ask for reasons and then ask the Workers' Compensation Regulatory Service for an independent review. It is not a court. You do not attend in person, and the Regulator may ask WorkCover to change its decision, ask for more information, or confirm it.
Some workers also make a separate claim for damages if someone else is responsible, or if they have a long-term impairment. That is a legal process with its own steps and limits. A lawyer can explain whether it applies.
Questions to ask whoever helps you
- Is my employer insured by WorkCover Queensland or self-insured?
- Is my injury or illness covered, and do I meet the time limit?
- What payments could I get while I am off work or on lighter duties?
- If my claim is rejected, what are my review options and deadlines?
- Could I also have a damages claim, and how would that affect my WorkCover claim?
Good questions
Do I need to prove my employer was at fault?
No. Workers' compensation is generally not about fault. Your work needs to be a significant contributing factor to your injury or illness. A separate damages claim is different.
What if my employer is not with WorkCover Queensland?
Most Queensland employers are insured by WorkCover, but some large employers are self-insured. The claim steps are similar. Ask your employer who manages claims.
Can I claim for a mental injury?
Yes. WorkCover covers mental injuries such as depression, anxiety and post-traumatic stress disorder where work is a significant contributing factor.
Will making a claim cost me my job?
Your employer should support your recovery. Making a claim is a workplace right. If you are treated badly for it, get advice.
Words you might hear
- Work capacity certificate
- A medical certificate from your doctor describing your injury, the treatment and whether you can work. WorkCover cannot decide a claim without one.
- Significant contributing factor
- Your work does not need to be the only cause, but it needs to be an important part of why you were injured or became ill.
- Regulator
- The Workers' Compensation Regulatory Service, which independently reviews some WorkCover decisions.
Where this comes from
- How to make a claim, WorkCover Queensland
- Immediate steps after an injury, WorkCover Queensland
- Injuries we cover, WorkCover Queensland
- If your claim is not accepted or is closed, WorkCover Queensland
- Accident and injury: time limits for bringing actions, Queensland Law Handbook