Work Accident Claims

If you have been injured at work, you likely have a remedy by lodging a statutory workers’ compensation claim.

In Queensland, the workers’ compensation system is a no-fault system. A statutory workers’ compensation claim can be lodged with WorkCover which is the main workers’ compensation insurer in Queensland.

A statutory workers’ compensation claim can be lodged quite quickly and benefits such as payment of reasonable medical expenses, reasonable travel expenses, partial loss of wages and rehabilitation expenses can be received.

Eventually, once your injuries are deemed stable, the workers’ compensation insurer will issue what is known as a Notice of Assessment and offer you lump sum compensation.

If it can be established that there has been some fault on the part of the employer causing injury then you would also likely be entitled to claim common law damages.

Such a claim can lead to a substantially higher recovery of lump sum compensation. In a common law damages claim a number of heads of damages can be claimed:

  • General damages for pain and suffering
  • Medical expenses
  • Rehabilitation expenses
  • Loss of income
  • Superannuation benefits
  • Commercial value of care and assistance
  • Out of pocket expenses

Each case is different and based on the individual’s circumstances.

Contact us for a free case assessment.

Seek advice from a lawyer that is highly experienced in workers’ compensation claims and an accredited specialist in personal injury.

Frequently Asked Questions

Do I need pursue the statutory workers’ compensation claim first?

Yes, various time limits apply to road accident claims.

In Queensland, the general rule is that you have nine months from the date of the accident to lodge a notice of claim against the party which you believe is at fault and one month from the date that you consult a legal practitioner about your rights regarding the claim for compensation, whichever is the earlier.

In addition, in most cases in Queensland you have only 3  years from the date of the accident to file court proceedings.

Other time limits may apply depending on your circumstances, so it is important that specific legal advice is obtained to ensure that you are adequately protected and your claim can be pursued appropriately.

Should I accept the offer of lump sum compensation from WorkCover Queensland or some other statutory workers’ compensation insurer?

Any offer of lump sum compensation received during the statutory workers’ compensation claim should be considered very carefully.

The reason for this is that if you receive a Notice of Assessment which states that your injury level of whole person impairment is less than 20% and you accept that Notice of Assessment, you will be barred from pursuing any common law damages claim. This means that you could lose the opportunity of recovering a substantially greater amount of lump sum compensation than that offered within the Notice of Assessment.

If the notice of assessment is 20% or more then you are able to accept the lump sum compensation offer and still pursue the common law claim for damages.

Do any time limits apply to statutory workers compensation claims?

Yes, a worker has only six months from the date of injury to lodge a statutory workers’ compensation claim with the relevant insurer in Queensland.

How do I know which insurer to lodge my claim with?

WorkCover Queensland is the main insurer. However, there are a number of self-insurers which also provide cover for workers’ compensation purposes. It is important to understand which insurer you have cover with so that a claim form can be lodged with the appropriate insurer within any applicable time limits.

What if my statutory workers compensation claims rejected?

If your claim is rejected you have the right to seek a review of the initial decision of the insurer. You have three months from the date of receiving the decision to lodge such a review. It is important that appropriate legal advice is obtained so that your rights are fully protected.

Can I lodge the statutory workers compensation claim myself?

Yes. However, it is always important to ensure that all appropriate information is contained in the relevant claim form and the claim form is lodged within certain time frames. There have been instances where a claim form has not been lodged as it was not believed that there would be cover under the statutory workers’ compensation scheme. Whether a person is covered can sometimes be a difficult question. This is something which we can assist with if necessary, so that you do not lose your opportunity to claim benefits. If you are unsure of your rights, please contact us for advice in this regard.