Brisbane WorkCover Queensland and Workers Compensation Lawyers

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.

You can find out more about WorkCover Claims here.

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.

You can find out about Journey Claims here.

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.

You can find out about Mining Accident Claims here.

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 24/25 in Queensland was just over $207,000.

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 24/25 was just over $207,000.

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, click here.