Injured at work?
Workplace injuries in Queensland are usually dealt with first through WorkCover. In some circumstances, a separate common law claim may also be available. We can explain which pathways may apply to you.
Being injured at work can put everything under pressure at once — your health, your income and sometimes your relationship with your employer. Many people worry about making a claim at all. Queensland's workers' compensation scheme exists precisely for these situations.
WorkCover claims
A statutory workers' compensation claim (commonly called a WorkCover claim) is generally available to workers injured in the course of their employment, regardless of who was at fault. It typically deals with matters such as:
- Reasonable medical and treatment expenses
- Weekly payments while you are unable to work or on reduced duties
- Rehabilitation and return-to-work support
- A lump sum in some cases, depending on assessment of permanent impairment
The process usually begins with a work capacity certificate from your doctor and lodging a claim. Employers and insurers have obligations too, including in relation to rehabilitation and suitable duties.
Common law claims
Separately from a WorkCover claim, some injured workers may be able to bring a common law damages claim. A common law claim generally requires that the injury was caused by negligence — for example, unsafe systems of work, inadequate training, poorly maintained equipment or a failure to address a known risk.
Not every workplace injury gives rise to a common law claim. Whether one is available, and whether it is in your interests to pursue, depends on the circumstances, the medical evidence and decisions made during the statutory claim. This is one of the main reasons it is worth getting advice early rather than after key decisions have been made.
Decisions in a WorkCover claim can affect later options
Steps such as accepting a lump sum offer for permanent impairment can affect your ability to pursue a common law claim. Before you sign or accept anything, it is worth having someone explain what it means for you.
Who this may apply to
- Workers injured in a single incident, such as a fall or a machinery incident
- Workers with injuries that developed over time from repetitive or heavy work
- Workers injured in a vehicle while working (which may involve more than one scheme)
- Workers who have suffered a psychological injury arising from work
- Workers whose existing condition has been aggravated by their work
What you should do next
- Report the injury to your employer and make sure it is recorded.
- See your doctor and obtain a work capacity certificate.
- Lodge a workers' compensation claim, and keep copies of everything.
- Follow medical and rehabilitation advice, and keep records of appointments.
- Get legal advice before accepting offers or making decisions about impairment.
Key considerations
Time limits
Workers' compensation and common law claims are subject to time limits and procedural steps. The applicable periods depend on the type of claim and the circumstances — see our time limits page and contact us without delay.
Your job
Concern about workplace repercussions is common. Making a claim is a normal part of the Queensland scheme, and we can talk through your particular concerns.
Common questions
Draft content: this page is general information only and requires review and approval by Andrews Injury & TPD before publication. It is not legal advice.
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