– including Brisbane, Ipswich, Gold Coast, Sunshine Coast, Toowoomba, Gladstone, Rockhampton, Mackay, Townsville and Cairns
Who This Is For
This content is for workers, employees, and contractors who have been injured on the job, travelling for work, or exposed to unsafe conditions in Queensland. It answers common questions such as:
- How do I claim workers compensation after a workplace injury?
- What’s the difference between a workers compensation claim and a work damages claim?
- Can I claim compensation if I was injured travelling to or from work?
- What happens when WorkCover stops my payments?
Our experienced workers compensation lawyers help you understand your rights and recover fair compensation for your injuries under Queensland law.
Two Main Types of Workplace Injury Claims
There are two main categories of claims available for people injured in the workplace:
- Workers Compensation Claims for income loss, medical and rehabilitation expenses and sometimes a small lump sum for permanent disability
- Work Damages (Common Law) Claims – compensation for whole of life effects (and so these claims often result in payments to you of six figure sums, sometimes more). These claims mostly involve permanent and long-term injuries caused by employer negligence.
In Queensland, these claims are generally handled by WorkCover Queensland but sometimes large employers pay the claims themselves. (These employers are “Self-Insurers”).
What Is Workers Compensation?
Workers compensation (often called “workers comp”) is a no-fault insurance scheme designed to protect employees who are injured:
- At their workplace or another assigned location
- During breaks or while travelling to and from work
- While staying overnight for work purposes
- Due to medical treatment for a work injury
You don’t need to prove fault to obtain workers compensation. Simply having a work-related injury or illness is enough to qualify for workers compensation benefits.
Time Limits Apply
You must usually lodge your claim within 6 months of the injury. If you delay, you might still be eligible, but it’s crucial to seek legal advice as soon as possible to protect your rights.
What Workers Compensation Covers
Under Queensland’s workers compensation system, eligible workers may receive:
- Weekly income support while you recover
- Payment for medical and rehabilitation expenses
- Reimbursement of travel costs for treatment
- Funding for return-to-work and retraining programs
- Lump sum compensation for permanent impairment or disability
Tip: Always consult an experienced lawyer before accepting any lump sum payment. Doing so may prevent you from lodging a larger work damages claim later.
What Types of Injuries Are Covered?
Workers compensation applies to a wide range of physical and psychological injuries. The most common are:
- Any part of your body like Head, Eyes, Neck, Back, Shoulders, Arms, Hands, Hips, Legs, Feet
- Repetitive strain injuries (RSI)
- Burns
- Stress, anxiety, or other psychiatric conditions
Injuries can happen suddenly (e.g., lifting accidents) or develop over time from repetitive tasks or exposure to harmful substances.
Who Pays for Workers Compensation?
Most Queensland employers are insured through WorkCover Queensland, while some are “self-insured”. WorkCover Queensland pays your benefits, not your employer personally.
Your insurer may stop payments if, for example, their medical assessor believes your injury no longer prevents you from working. This assessment often comes from an Independent Medical Examiner (IME) who works for the insurer, not for you.
If your claim is ending or you’ve received a Notice of Assessment for your Work Related Impairment (WRI), it’s time to seek legal advice. You may qualify for a much larger common law (work damages) claim.
What Is a Work Damages Claim (Common Law Claim)?
A work damages claim (also known as a common law or negligence claim) compensates workers who suffer serious or permanent injuries because their employer failed to provide a safe work environment. What is “safe” in the eyes of the law goes well beyond what people may think, so it is always a good idea to seek some advice from a lawyer (and that advice is given for free by most lawyers – certainly it is given for free buy us. (We act ‘NO WIN NO FEE‘ in all injury claims – including the costs of all medical evidence we buy for your work damages claim).
To qualify for a work damages claim, you must at least have:
- An accepted workers compensation claim
- A permanent impairment assessment undertaken – even if the rating is 0%.
Benefits of a Work Damages Claim
Work damages compensation is broader than standard workers compensation and may include:
- Full recovery of past and future lost income (Workers compensation is more of a ‘past’, pay as you go system)
- Pain and suffering damages beyond your WorkCover lump sum
- Future medical and care expenses
- Loss of superannuation or earning capacity
These claims are also paid by insurance companies, not your employer. Mostly, they are far larger in value than simply workers compensation benefits.
Examples of Work Injury Claims and Likely Work Damages Claims
- A warehouse worker develops chronic back pain from lifting heavy boxes.
- An electrician is electrocuted whilst installing wiring
- An office worker suffers severe anxiety due to workplace bullying.
- A delivery driver is injured in a vehicle accident while driving to a client site.
- The examples are literally endless and the law deems many injuries qualify for Work Damages that most people would not think did qualify
Why Choose Our Law Firm
- Free initial consultation and no-obligation advice
- Home and hospital visits available
- No Win No Fee guarantee
- Decades of experience with WorkCover and negligence claims (Work Injury Damages
We guide people through the workers compensation process (which must come before and work damages claim. Work Damages claims are usually very valuable and we will handle everything from filing your claim to negotiating your settlement — ensuring you receive the full compensation you deserve.
We will also fund any Work Damages claim you pursue by payment for the medical reports and treating Doctors notes that will be needed. These outlays are included in our NO WIN NO FEE retainer.
Contact Our Workers Injury Lawyers
If you’ve been injured at work or developed a work-related illness, don’t delay — strict time limits apply. Early legal advice can make a significant difference in your outcome.
Contact our experienced Workers Injury Compensation Lawyers today for expert No Win No Fee advice. We represent clients throughout Queensland including Brisbane, Ipswich, Gold Coast, Sunshine Coast, Toowoomba, Gladstone, Rockhampton, Mackay, Townsville and Cairns