Injured in a Workplace Accident and on WorkCover?
You may have a claim!

In Queensland, a WorkCover claim is a formal request for workers’ compensation benefits. Administered by WorkCover Queensland (or sometimes by self insured companies), this process provides financial support and medical assistance to employees injured at work. It includes payments for medical expenses, rehabilitation, income replacement, and potential lump-sum payments for permanent impairments.

Timely reporting to your employer, seeking medical care, and engaging with the workers’ compensation insurer are essential steps to initiate a WorkCover claim in Queensland.

WorkCover Claims are something the Best team can help with, get in contact today by completing our quiz.

Work-related injuries aren’t limited to your primary workplace. Depending on the circumstances, you may still qualify for compensation. Here are some examples of situations where injuries can occur:

• While commuting between your home and workplace.
• During your journey to or from work-related training.
• While travelling to or from medical or rehab appointments within an existing WorkCover claim.
• During travel between jobs with different employers.

While on work-related trips, such as conferences, meetings, locally or internationally. Eligibility hinges on factors like an uninterrupted journey between home and work or training location. If the injury happens at home, it will not be considered part of your work journey.

When travelling beyond your regular work location (e.g., interstate or overseas), your job must significantly contribute to the injury. Various factors influence eligibility.

This is called a Journey Claim and it’s something that the Best team can help with. You can find out more by completing our quiz today.

Accidents on mining sites are covered by the workers’ compensation scheme in Queensland.  There can also be other types of insurers that might respond to a mining site work accident claim.

Mining site accidents are usually more complex than other types of workers compensation claims because of the size and scale of mining operations and the number of different companies and contractors involved.  That’s why it’s important to engage lawyers who have experience with claims in the mining industry.  We’ve assisted mining clients ranging from those who have fallen over on the campsite, to strain injuries from being required to lift too much and work at pace for too long, to those injured while driving trucks or operating excavators.

Mining accidents can be very serious, and while the safety of the industry has been improving, it is still one of the most dangerous industries.

The Best team can help with all types of claims, including those that happen on mining sites in Queensland – even if you’re a FIFO worker. You can find out more by taking our quiz.

The duration of a workplace injury claim can vary greatly depending on the circumstances of the injury, the complexity of the case, and whether the claim is disputed. It can take anywhere from a few months to several years to fully resolve a claim. Simple claims where liability is clear might be resolved relatively quickly, while more complex cases, especially those involving serious injuries or disputes about liability, can take longer.

When you are injured at work and are unable to perform your normal duties, you may be eligible for workers compensation which includes replacement of lost income. In Queensland, as per the Workers’ Compensation and Rehabilitation Act 2003, for the first 26 weeks (or around 6 months) you will receive 85% of your normal weekly earnings. After 26 weeks, this may reduce further and is dependent on your capacity for work. However, there may be specific circumstances that can affect the amount of compensation you receive. Therefore, it’s recommended to consult a workers’ compensation lawyer or contact WorkCover Queensland for specific advice.

Yes, in Queensland, workers’ compensation does cover reasonable medical and rehabilitation expenses related to your workplace injury. This may include doctor’s visits, hospital expenses, medications, physiotherapy, psychological services, and necessary travel costs for medical treatment. In some cases, it can also cover expenses for modifications to your home or vehicle, if these are needed because of your injury.

A work injury damages claim, known as a common law claim, is calculated based on a number of factors including the nature and severity of the injury, the impact of the injury on your ability to work, any medical or rehabilitation costs, and any other losses related to the injury. The calculation will typically consider past and future loss of earnings, the cost of medical and related treatment, and sometimes, an amount for pain and suffering. Calculating these amounts can be complex and will usually require legal and medical expertise.

The average size of a WorkCover common law claim in 21/22 in Queensland was just over $175,000.

In Queensland, injured workers have the right to select their treating doctor for workers’ compensation claims. We suggest you find a doctor or other healthcare provider experienced in treating workplace injuries to receive the best possible care and support.

We recommend against going to a doctor selected by your employer.  You are entitled to go to your own doctor, and you should, because they are more likely to provide you with unbiased opinion about your injury.

You are also not required to allow your employer into the doctor’s appointment with you. 

If you’re injured at work in Queensland, follow these steps to claim workers compensation:

Seek medical treatment: Your health is the priority. See a doctor as soon as possible and let them know your injury is work-related.

Inform your employer: Report the injury to your employer as soon as possible. They are required to record the incident in their workplace register of injuries.  Also keep a record yourself. Text or email your employer so there is a written record of your reporting the incident.

Lodge a claim with WorkCover Queensland: You can do this online or over the phone. You’ll need to provide details about the incident and your injury, and you may need to provide medical certification of your injury.

Yes, there are strict time limits that apply to make a WorkCover claim.  You have 6 months from the date of injury or the date of diagnosis of injury as work related by a medical progressional, to make a statutory claim with WorkCover.  However, our experience is that the longer you wait, the more likely it is WorkCover will question your claim.  We strongly recommend you make a WorkCover claim as soon as possible, even if the injury seems minor.

Generally speaking, you have three years from the date of accident to make a common law claim.

If you have missed either of these time limits, there are some exceptions that apply so it is important you speak to the team at Best to see if we can help.  

This depends on the severity of your injury, the impact it has on your earning capacity, your age and whether you can return to work.

If you are only making a statutory workers compensation claim, you will receive loss of wages and medical benefits until your injury has stabilised.  In Queensland in 21/22, the average statutory claim amount paid by WorkCover was almost $16,000.

If you are making a common law claim, the average settlement of a common law claim in Queensland in 21/22 was just over $175,000.

The amount you receive is very specific to your circumstances and having the right lawyer to achieve your Best outcome is also critical. Get in touch with us today to discuss your options and have your case reviewed, for free. 

The types of damages you can recover, include:

• General damages – for pain and suffering;
• Past and future loss of wages;
• Loss of superannuation;
• Past and future medical expenses;
• Other past and future out of pocket expenses;
• The cost of past and future care; and
• Legal costs.

For more information about what you can claim, complete our quiz.

We know it can be overwhelming to know which firm to trust with your road accident claim, there’s a lot of us out there! We also know it can sound a little biased when we tell you to choose Best.

There are a few reasons we think you should choose Best as your work accident lawyers:

1. We hire the Best people: our team aren’t only some of the sharpest legal minds in Queensland (no really, we win awards for it) but they’re also genuinely good people, who care about their clients. When we say we hire the Best, we mean we hire people who care about every case and every client, people you’d want fighting for you that you’d also happily catch up over a cuppa with.
2. We will never leave you out of pocket: how so?
   • No Win, No Fee. Forever. You will only be charged if we win your case, so you can rest easy that we will be doing everything we can to put you in a better place than when you started your claim with us.
   • 30% fee cap. Some firms take around 50% of your compensation claim, we cap at 30% +GST to cover our fees (so even if our fees are more than that, we won’t charge you for it).
   • We cover out-of-pocket expenses.  There are necessary expenses that must be incurred to successfully run your claim, because we want you to focus on your recovery and not the cost of your case.  We will cover the cost for outlays needed to run your case, and you will only be expected to pay for these if your case is successful (these will be added as a part of your compensation claim, for the insurer to pay for).
3. We take on cases other firms won’t, and we win them: we have a history of taking on claims other firms won’t, because we’re not afraid of hard work and because we know the difference a successful claim will make to you and your life.

Would you like to learn more about why you should choose Best?  Find more information by completing our quiz.