Queensland Workers' Compensation Guide: Are You Getting Your Full Entitlements?

Part 1: Understanding Queensland's Two Compensation Pathways

In Queensland, if you suffer a work-related injury or disease, you have access to two primary legal avenues for seeking compensation under the Workers' Compensation and Rehabilitation Act 2003:

Statutory Claims (WorkCover) – No-fault compensation with defined benefits
Common Law Claims – Fault-based damages with significantly higher compensation potential

The key difference: Statutory claims provide defined benefits regardless of fault, while common law claims require proving employer negligence but can result in substantially higher overall compensation.

Statutory vs. Common Law Claims: Key Differences

Statutory Claims (WorkCover)	Common Law Claims
Basis: No-fault – no need to prove employer negligence	Basis: Fault-based – must prove employer negligence
Benefits: Limited and defined – weekly payments, lump sum permanent impairment, medical expenses	Compensation: Significantly higher – covers pain and suffering, economic loss, future medical care
Time Limit: 6 months from medical assessment of injury	Time Limit: 3 years from date of injury
Processing: Decision typically within 20 business days	Processing: Most cases settle at compulsory conference; court proceedings only if settlement cannot be reached
Handler: WorkCover Queensland or self-insured employer	Governed By: Civil Liability Act 2003

Important: You must file a statutory claim first before pursuing a common law claim. The two pathways are complementary, not alternatives.

Part 2: How to File a Statutory Workers' Compensation Claim

The statutory claim process is the essential first step for any injured worker. Here's how to navigate it successfully:

Step-by-Step Process

1Report the Injury Immediately

Report your workplace injury to your employer as soon as possible—ideally on the same day. Your employer must then notify their insurer within eight business days. Prompt reporting protects your rights and establishes a clear timeline.

What to Report:

Date, time, and location of incident
How the injury occurred
Any witnesses present
Nature of your injury
Any equipment or conditions involved

Document Everything:

Take photos of the accident scene
Get witness contact information
Keep copies of all communication
File an incident report with your employer

2Obtain Medical Assessment

Seek immediate medical attention from an appropriate medical practitioner. Your entitlement to compensation officially begins when a medical practitioner first assesses your injury as work-related. Obtain a Work Capacity Certificate documenting your injury and its impact on your ability to work.

Your doctor must document:

✅ Nature and extent of your injury
✅ Your current work capacity
✅ Recommended treatment plan
✅ Expected recovery timeframe
✅ Any work restrictions

Without proper medical assessment and documentation, your claim cannot proceed.

3Lodge Your Claim Within 6 Months

Submission Options:

Online - Via WorkCover Connect
Phone - Call 1300 362 128
Through your employer
Doctor can submit electronically

Required Information:

Personal details
Employer details
Work Capacity Certificate
Detailed incident description
Medical reports and evidence
Witness statements
Supporting documentation

Official Application Portal:

Lodge a Workers' Compensation Claim

https://ols.workcoverqld.com.au/ols/public/claim/lodgement.wc

This step is critical: you must lodge your application for compensation with WorkCover (or directly with your self-insured employer) within six months from the date of medical assessment. Missing this deadline can result in loss of entitlements.

4Insurer Assessment and Benefits

WorkCover will investigate and assess your claim, which may include:

✅ Reviewing medical reports
✅ Interviewing you and your employer
✅ Requesting additional evidence
✅ Independent medical examinations if necessary

Timeline: WorkCover aims to make a decision within 20 business days of receiving all necessary information.

If your claim is accepted, you become entitled to:

Weekly compensation payments
Payment for reasonably necessary medical treatment, hospitalisation, and domestic assistance expenses
Ambulance services
Occupational rehabilitation services
Lump sum permanent impairment payments (if applicable)

Weekly payments cease when: (1) your incapacity ends, (2) you have received payments for 5 years, or (3) compensation reaches the statutory maximum amount.

5Dispute Resolution (If Claim is Denied)

If the insurer proposes to reject a claim or terminate compensation, they must first undertake an internal review.

Option 1: Request Review by Workers' Compensation Regulator

⏰ Critical Deadline: Application for review must be made within three months of receiving written notice of the decision
📋 The Regulator (Workers' Compensation Regulatory Services) can review the insurer's decision
⚖️ The Regulator may overturn the decision or order further investigation

Option 2: Appeal to Queensland Industrial Relations Commission (QIRC)

Available if the Regulator's decision is unfavorable
More complex process
Legal representation strongly recommended

Official Resource:

Workers' Compensation Review Process

https://www.worksafe.qld.gov.au/claims-and-insurance/appealing-a-review-decision

⚠️ These deadlines are strict. Missing them can permanently forfeit your appeal rights.

Part 3: When and How to Pursue a Common Law Claim

The Pathway Most Workers Never Learn About

A common law claim is usually considered when the worker has suffered significant, lasting damages due to the employer's fault.

These claims proceed under the Civil Liability Act 2003 and typically result in significantly higher compensation.

What Is a Common Law Claim?

A common law claim (also called a "civil claim for damages") is a fault-based lawsuit against your employer. Unlike statutory claims, you must prove your employer was negligent.

When Should You Consider a Common Law Claim?

✅ Situations Where Common Law May Apply:

A common law claim is usually considered when the worker has suffered significant, lasting damages due to the employer's fault.

Common Examples of Employer Negligence:

Failure to provide proper safety equipment
Inadequate training for dangerous tasks
Faulty or poorly maintained equipment
Known hazards not addressed
Inadequate supervision
Violation of safety regulations
Unsafe work practices permitted

Consider Common Law If:

You suffered serious or permanent injury
Your employer breached safety duties
You cannot return to your previous work
You face ongoing pain or limitations
You need long-term medical treatment
Your earning capacity is permanently reduced

Eligibility Requirements

1. A Statutory Claim Needs to Be Lodged and Progressed First

Before commencing common law court proceedings, you must comply with all workers' compensation legislation requirements. This means your initial statutory claim must be lodged and substantially progressed.

2. Establishing Negligence

To succeed in a common law claim, you must demonstrate that your employer was negligent. The claim must proceed under the Civil Liability Act 2003.

What Must Be Proven:

✅ Your employer owed you a duty of care
✅ Your employer breached that duty
✅ The breach caused your injury
✅ You suffered damages as a result

This requires gathering substantial evidence and legal expertise.

3. Permanent Impairment Thresholds (Date-Dependent)

The permanent impairment threshold requirement depends on when your injury occurred:

Injuries on or after 31 January 2015: No permanent impairment threshold required
Injuries between 15 October 2013 and 31 January 2015: Must have greater than 5% permanent impairment

4. Critical Procedural Requirements

Three-Year Time Limit

Court proceedings for common law damages must be commenced within three years of the injury date. This deadline is strictly enforced and missing it can permanently bar your claim.

Compulsory Conference

Before court proceedings begin, parties must attend a compulsory conference to attempt settlement. This conference must be held within three months after the insurer provides notice to the claimant.

What Can You Claim in Common Law Damages?

Common law claims allow for comprehensive compensation beyond what is available under the statutory WorkCover scheme.

1. Types of Damages Available

A. General Damages (Non-Economic Loss)

Compensation for the non-financial impact of the injury:

Pain and suffering
Loss of enjoyment of life
Loss of amenities
Disfigurement

B. Economic Loss

Past and Future Income Loss

Past loss of earnings
Future loss of earning capacity
Loss of superannuation

Medical and Treatment Costs

Past and future medical expenses
Rehabilitation costs
Cost of care and assistance

C. Special Damages

Out of pocket costs that arise directly from the injury, including:

Travel expenses for medical appointments

Equipment and aids

Home or workplace modifications

Mandatory Deductions

Common law damages must account for certain mandatory deductions, including:

Repayment of Statutory Benefits:
Any workers' compensation benefits already paid must be repaid from the damages award.

Outstanding Costs:
Any unpaid treatment, pharmacy, hospital or other injury-related expenses must be included in the settlement or judgment.

4. Permanent Impairment and Disability

Under the statutory scheme, a worker assessed with a Degree of Permanent Impairment (DPI) may receive a lump sum payment.

Under a common law claim, the worker may pursue full damages relating to that disability, provided statutory and legislative requirements have been met.

5. Admissibility of Employer Apologies

In common law proceedings:

Apologies or expressions of regret by the employer are not admissible evidence

They cannot be considered by the court when assessing liability or damages

6. Case-by-Case Assessment

The specific amount of damages awarded varies depending on:

Nature and severity of the injury

Impact on earning capacity

Required future care

Individual circumstances of the claimant

Five Critical Mistakes That Cost Workers Compensation

Missing Deadlines

Failing to lodge statutory claims within six months or common law proceedings within three years can permanently forfeit your rights. Mark these deadlines immediately and seek legal advice well in advance.

Accepting Early Settlement Offers

Insurers often make quick settlement offers that seem attractive but may be far below what you're entitled to receive. Once accepted, these settlements are typically final. Always obtain independent legal advice before accepting any settlement.

Inadequate Documentation

Poor documentation weakens your claim significantly. Keep detailed records of your injury, all medical treatments, work capacity certificates, communication with employers and insurers, and how the injury affects your daily life.

Not Exploring Common Law Rights

Many workers accept statutory benefits without realising they may be entitled to pursue a common law claim for substantially higher compensation. If your injury was caused by employer negligence and resulted in significant, lasting impact, a common law claim should be evaluated.

Navigating Complex Claims Without Legal Representation

While simple statutory claims may be manageable independently, serious injuries, denied claims, permanent impairments, and common law claims benefit greatly from experienced legal representation. Most workers' compensation lawyers work on a No Win, No Fee basis, eliminating financial risk.

Frequently Asked Questions

Q1: Can I claim if the accident was partly my fault?

A: Yes. Queensland operates a no-fault statutory scheme, so you can lodge a WorkCover claim regardless of fault.

For common law claims, if you were partially at fault, your compensation may be reduced by your percentage of contributory negligence, but you can still claim if the employer was also negligent.

Q2: Do I need a lawyer for a statutory WorkCover claim?

A: Not necessarily. Many statutory claims are straightforward and can be handled without legal representation. However, legal advice is valuable if:

Your claim is rejected
The injury is serious or permanent
You're considering a common law claim
Settlement offers are made

Q3: What if my employer doesn't have insurance?

A: All Queensland employers are legally required to have workers' compensation insurance. If they don't, you can still claim through WorkCover's Nominal Insurer and receive full benefits. WorkCover will recover costs from the uninsured employer, who also faces significant penalties.

Q4: Can I be fired for making a workers' compensation claim?

A: No. It is illegal for employers to terminate your employment, discriminate against you, or threaten or coerce you for making a claim. If this occurs, seek legal advice immediately as you may have additional employment law claims.

Q5: What if my work injury involved a motor vehicle accident?

A: If your work injury occurred in a motor vehicle accident, you may be eligible for both workers' compensation benefits and treatment through the National Injury Insurance Scheme Queensland (NIIS), which is a no-fault scheme. However, eligibility for NIIS ceases if you receive an award of damages by a court or payment as part of a binding settlement of your workers' compensation claim.

Q6: How much do workers' compensation lawyers cost?

A: Most workers' compensation lawyers operate on a No Win, No Fee basis, meaning:

No upfront costs
Free initial consultation
Lawyer fees paid from your settlement
If you don't win, you typically don't pay legal fees

Fee structures should be clearly explained before you engage a lawyer.

Take Action Now: Your Next Steps

!If You Were Recently Injured

Immediate Actions:

Report to employer immediately (same day if possible)

Seek medical attention and obtain Work Capacity Certificate

Document everything – photos, witnesses, incident details

Keep copies of all documents and communications

Lodge claim within six months (sooner is better)

Why Choose Lexnode Legal?

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No obligation, honest evaluation of your claim

No Win, No Fee

Zero upfront costs, we only succeed if you do

Clear Communication

Plain English explanations, not legal jargon

Comprehensive Support

Assistance with both statutory and common law claims

Local Knowledge

Deep understanding of Queensland laws and WorkCover procedures

Get Your Free Case Assessment

Contact Lexnode Legal Today

Our experienced Brisbane workers' compensation lawyers will:

Review your case at no cost
Explain your options clearly
Assess common law claim potential
Advise on the best course of action
Handle everything on a No Win, No Fee basis

Conclusion: Protecting Your Rights and Your Future

Queensland's workers' compensation system provides two distinct pathways to compensation. Understanding both pathways is essential to protecting your rights and maximising your entitlements after a workplace injury.