What is Workers Compensation Qld ?

There are 2 different stages that a Queensland workers compensation claim might go through.

Stage 1 – No Fault Claim
The first stage of the workers compensation scheme allows you to make a claim if you are injured at work or have suffered an illness at work. WorkCover then arranges rehabilitation and payment of lost wages.

To be able to make this type of claim you do not need to show that your employer was negligent. This is called a “no fault” claim. You only need to show that you suffered an injury at work.

Sometimes it will be in your best interest to have a personal injury lawyer assisting you through this stage. They can ensure that you get all of the rehabilitation, treatment and assistance you are entitled to receive and can be the ones who talk to WorkCover Qld on your behalf.

Sometimes it is difficult to understand the insurance decisions made by WorkCover and we can provide you with an honest independent opinion on whether your claim is being handled appropriately.

To make a claim if you have a work related injury or illness, you should:

-Go to your usual doctor and ask them to complete a workers’ compensation medical certificate
-Give your employer a copy of that medical certificate
-Report the injury as soon as possible to your employer
-Lodge your claim with WorkCover Queensland and give your employer a copy of that claim form (if they haven’t helped you to prepare it)
-Keep copies of all documents relating to your injury and claim.
Sometimes, an employer might not accept that your injury happened at work. If that happens, they might not be very helpful in letting you report the claim or lodge the right form to start your claim.

If you have any questions about the process or are experiencing any difficulty in taking these steps, please contact us and we can help you.

Stage 2 – Common Law Claim
The second stage only happens where there has been negligence that caused or contributed to your injury. The negligence could be by your employer or a fellow employee or contractor working for your employer.

This second stage can only go ahead after your stage 1 claim is finished and no more benefits are being paid. This type of claim is often called a “common law claim” and you will usually benefit from the help of a workers’ compensation lawyer during this stage.

If you think that you might be entitled to make a stage 2 claim, or have any concerns about how your claim has been handled by your employer or WorkCover Queensland, please contact us immediately.

• When. For most claims, you need to lodge your claim and medical certificate no later than 30 days after you became aware of your injury. If not, your claim might not be accepted.
• Where. Whether your injury happened during your usual work hours (or on your way to or from work). If your injury happened after work or when you were on holidays your claim will not usually be accepted.
• Who. Are you a “worker”? This can include part time workers, casual workers and often subcontractors such as agency nurses, owner/drivers etc. If you are a Commonwealth Government employee, or your employer is a large national company, then the Federal Comcare scheme might apply.
• How. WorkCover will also consider whether your injury happened whilst you were doing your job.
• What. Finally, they will consider if your job was a “significant contributing factor” to your injury. That is, they will ask what the main cause of your injury was and whether that was related to work.

• Psychological and psychiatric injuries
• Industrial deafness
• Aggravated injuries or ongoing symptoms
• Work-related respiratory diseases or similar, for example Q-fever

• Travelling from home to your place of work
• Your trip to or from any work related training 
• Travelling to or from medical or rehabilitation treatment that is part of an existing WorkCover claim
• Your journey between jobs with separate employers
• When travelling for work reasons (e.g.  a work conference or meeting) and whether locally, interstate or internationally.