Worker’s compensation claims Queensland

In Queensland, a worker who is injured or suffers a disease in the workplace can lodge a worker’s compensation (WorkCover) claim for compensation and benefits in two ways:

1. Statutory compensation claims; and

2. Common law (damages) claims.

​A statutory worker’s compensation claim (sometimes referred to as a “no-fault” claim), is a claim for compensation and benefits under Queensland’s WorkCover system and a common law claim is a further claim (for the same incident) against a third party (usually the employer) due to negligence which caused the injury or illness.

Typically, a worker’s compensation “statutory claim” is brought before a common law claim is considered and/or pursued.

Contact us for FREE advice:  1800 001 339

WorkCover claims for injured workers in Queensland

To claim what is called “statutory” worker’s compensation in Queensland, you need to show that your injury arose out of, or in the course of your work/employment, where work was a significant contributing factor. You do not have to establish that your employer was negligent in any way.

How do I lodge a worker’s compensation claim?

There are a number of ways to lodge your worker’s compensation claim after an injury at work. It’s important to ensure you notify your employer of the incident that led to your injury.

1. 1. You can call WorkCover Queensland on 1300 651 387
   2. You can lodge your claim online here
   3. You can download a claim form, complete it and fax or mail it to WorkCover Queensland.

You will need to obtain a “Work Capacity Certificate” from your treating doctor to lodge with your claim. This is a specific form and a general sick leave certificate will not suffice.

What benefits can I claim for worker’s compensation?

There is a range of benefits available when your worker’s compensation claim has been accepted. These include:

• • Weekly payments if you have lost wages;
  • Medical expenses, including GP expenses, physiotherapy, psychological treatment, medication, surgery and other medical treatments related to your injury;
  • Transport expenses to travel to medical appointments;
  • Domestic and home help;
  • Death benefits for dependants of the deceased worker; and
  • Lump sum compensation for permanent impairment.

What time limits apply to worker’s compensation claims in Queensland?

Strict time limits apply in which to submit a worker’s compensation claim for statutory benefits. You usually have 6 months from the date of injury or from the date you became incapacitated for work.

In some circumstances, a claim can be made outside the 6 month period. We recommend you seek legal advice if you are claiming out of time.

Contact us for FREE advice:  1800 001 339

Common law worker’s compensation claims for injured workers in Queensland

For common law damages due to a workplace injury in Queensland, you need to establish fault on the part of your employer. In other words, you must establish that your employer was negligent. There may also be other entities responsible for the negligence as well and fault must also be established for them to be included in your claim.

The process of recovery of common law damages (that is, settling your common law claim) is a ‘once and for all’ one. That is, once you agree to the offer of compensation and it is paid to you, there is no going back for more!

Therefore, it is crucial that you seek legal advice to protect your interests. There are a number of things to consider when finalising your common law claim and a lawyer highly experienced in workplace injury claims will leave no stone unturned.

What compensation is payable for a workplace injury common law claim?

A successful common law claim will pay a lump sum of compensation calculated to cover:

• • Pain and suffering;
  • Past and future economic loss; and
  • Past and future medical expenses; and
  • Past and future care expenses (including care provided by friends and family where applicable).

Common law claims are usually more complex than the statutory WorkCover claim. It is crucial that you obtain legal advice from a lawyer experienced in worker’s compensation to ensure your entitlements are maximised.

What time limits apply to work injury common law claims in Queensland?

Strict time limits apply to common law claims.

Usually, that time frame is 3 years from the date of the event which caused the injury/disease. But, like many things in the legal game, that time frame can alter depending on all the circumstances of your matter. It is important that you consult with a lawyer as soon as possible to ensure these timeframes don’t pass.

Worker’s compensation claims for dependents in Queensland

WorkCover can also be claimed by dependents (including spouses and children), of a worker who is killed in the workplace, where their employment or work was a significant contributing factor to their death.

In a statutory claim, dependents of a deceased worker can receive death benefits, including:

• • lump sum payments;
  • periodic payments; and
  • assistance with funeral expenses for the worker.

Where a worker’s death is caused by the negligence of their employer, then their dependents may also claim common law damages against the employer. This common law claim for compensation would include a claim for the income and support which the dependents have lost in the past and future as a result of the worker’s death.

worker’s compensation claims for dependents can be quite complex and the strict worker’s compensation claim timeframes discussed above apply.

Therefore, it is important that dependents seek legal advice to properly understand their worker’s compensation rights and ensure all their entitlements are protected.

How can IM Lawyers help?

Because of the strict time limits that apply to both a statutory WorkCover claim and a common law claim, it is critical that you obtain competent legal advice as soon as possible after your injury.

At IM Lawyers, we have the expertise to guide you through what can be a complex claim process and ensure you maximise your compensation entitlements.