Workers Compensation

At our firm, to make a workers compensation claim in Queensland under the Workers Compensation and Rehabilitation Act 2003 (Qld), you must notify your employer of the injury as soon as possible and complete an application for compensation form. Your employer must provide the claim form within 10 business days. WorkCover Queensland then assesses the claim and decides whether to accept liability. The claim must be lodged within 6 months of the injury for it to be accepted. For occupational diseases, the timeframe is 6 months from when you became aware of the injury and its connection to your employment.

Under the Workers Compensation and Rehabilitation Act 2003 (Qld), our team advises that weekly benefits are paid based on your pre-injury average weekly earnings. For the first 26 weeks, you receive your ordinary time earnings. After 26 weeks, the rate reduces to a percentage of your pre-injury earnings. Weekly benefits continue for up to 5 years if you remain totally incapacitated, but after 2 years, WorkCover must review whether you have a capacity for suitable employment. Benefits cease at age 67 unless you were injured before that age and meet specific criteria for ongoing entitlement.

Yes. Our team can help. But only in limited circumstances. Under the Workers Compensation and Rehabilitation Act 2003 (Qld), injured workers can pursue common law damages against their employer for negligence if the injury results in at least 5% whole person impairment (or 30% for psychiatric injuries). You must first lodge a workers compensation claim and have it accepted. A common law claim must be commenced within 3 years of the injury. Damages include pain and suffering, past and future economic loss, and care costs, but are subject to statutory caps. Most claims settle rather than proceeding to trial.

At our firm, if your workplace injury results in a permanent impairment, you may be entitled to a lump sum payment under the Workers Compensation and Rehabilitation Act 2003 (Qld). The impairment is assessed by an approved medical specialist using the Guides to the Evaluation of Permanent Impairment. The lump sum amount depends on the degree of whole person impairment (WPI) — 1% to 20% WPI for physical injuries and 5% to 30% for psychiatric injuries. For example, a 10% WPI for a physical injury may entitle you to approximately $30,000–$40,000. The calculation uses a statutory formula with a maximum limit.

At our firm, if WorkCover Queensland denies your claim, you have the right to request an internal review of the decision. If the internal review upholds the denial, you can apply for review by the Workers Compensation Regulator. If the Regulator confirms the decision, you can appeal to the Queensland Industrial Relations Commission (QIRC) within 20 business days. It is essential to seek legal advice promptly if your claim is denied, as strict timeframes apply at each stage. Common reasons for denial include late lodgement, insufficient evidence of injury, disputes about whether the injury arose out of employment, and pre-existing conditions.