WorkCover Claims
Queensland compensation lawyers acting for injured workers through their workers’ compensation claims and any common law damages claims that follow across the state.
If you have been injured at work in Queensland, you most likely have questions about making a workers’ compensation claim, often called a “WorkCover claim”, and what you are entitled to. How will the bills be paid while you are off work? What happens if the insurer disputes your claim?
Who Can Claim Workers’ Compensation in Queensland
Travis Schultz & Partners acts for Queensland workers who have been injured or become unwell as a result of their work. Once a worker has progressed through the statutory workers’ compensation scheme, they may be entitled to pursue a common law damages claim where their injury was caused by negligence.
Work-related injuries can occur in many ways. They may result from a single incident, develop gradually over time, or involve the aggravation of a pre-existing condition. These injuries can be physical, psychological, or a combination of both.
Whether you can make a statutory claim turns on a few questions, including that:
- you lodge the claim within time;
- you fall within the legal definition of a “worker”;
- you have suffered an injury or illness, including the aggravation of a pre-existing condition;
- the injury or illness arose out of, or in the course of, your employment; and
- your work was a significant contributing factor to the injury or illness.
For a psychological injury, there is an added question, because a worker must also show that the employer failed to exhibit reasonable management action in a reasonable manner.
Your eligibility to bring a common law damages claim will involve additional considerations, including whether negligence contributed to your injury.
Our guide to WorkCover claims in Queensland walks through how a claim is lodged step by step, and if you are unsure whether you qualify, a free case review is the best starting point.
What Our Workers’ Compensation Practice Covers
We can support you through the no-fault statutory workers’ compensation claim, but where someone else’s negligence caused the harm, we run the common law damages claim that may follow. The Queensland scheme is managed by WorkCover Queensland as well as several self-insurers, so the insurer that handles your claim depends on who you work for.
Your Statutory Workers’ Compensation Benefits
Your statutory claim is the no-fault entitlement that covers weekly payments while you cannot work, the reasonable cost of medical treatment, and rehabilitation to help you recover and return to work. You do not have to prove that anyone was at fault to receive these benefits. They are designed to support you while you recover, and they are not intended to compensate you in full for a serious or lasting injury.
Common Law Damages for a Negligent Injury
Where your employer’s negligence caused or materially contributed to your injury, a separate common law claim for damages may be open to you. This claim is for the losses the statutory scheme does not cover, including past and future loss of income, superannuation and the cost of care. Because the statutory scheme is no-fault and capped, a common law claim is often the only way to be compensated for the losses the statutory benefits leave uncovered. Our team investigates liability, gathers the evidence, and runs the damages claim from start to finish.
Psychological and Work-Related Illness
Some work injuries are psychological, and some illnesses develop over a period of time, rather than a single incident. These claims often turn on careful medical and factual evidence, and they carry their own tests under the legislation. Our lawyers build that evidence so the injury is properly recognised and assessed.
When You Are a Contractor or Labour-Hire Worker
Not everyone injured at work is a direct employee, yet many contractors, subcontractors and labour-hire workers still fall within the legal definition of a “worker”. Whether you are covered depends on the nature of your engagement rather than your job title. Getting this question right early matters, because it decides which scheme, if any, responds to your injury. Our team takes the time to understand your situation and provide clear advice about your rights.
The Notice of Assessment Decision Point
When the workers’ compensation insurer assesses any permanent impairment, you may receive a lump sum offer in a Notice of Assessment. Accepting that offer may quietly close off a common law claim that could be worth significantly more. It is one of the most important decisions in a work injury claim, and it is easily made without realising what is being given up. It is important that you have an experienced compensation lawyer review any offer and explain what each path means before you make any decisions.
Speak With a Queensland WorkCover Expert
If you have been injured at work in Queensland, a free case review is the starting point. Our team includes Queensland’s largest group of QLS Accredited Specialists in Personal Injury Law, and from the first conversation through to resolution, you will be looked after by an experienced team in compensation law.
How We Approach Your Claim
Initial Review
Your first conversation with us is a free case review. Your compensation lawyer will obtain and review any relevant documents, discuss your situation and the relevant claim process with you, and provide you with guidance as to what rights you may have.
Investigating and Lodging a Damages Claim
If another party’s negligence caused or materially contributed to your injury and you choose to lodge a damages claim, we gather the medical, economic and liability evidence and lodge the Notice of Claim for Damages under the Workers’ Compensation and Rehabilitation Act 2003 (Qld). Your compensation lawyer runs the investigation, obtains expert reports and quantifies your damages, which may include any past or future loss of income, superannuation, care and assistance needs, future costs and pain and suffering.
Resolving at Conference or Court
Before you can file a Claim in the Court, there are various pre-court steps to undertake, including participating in a compulsory settlement conference. We prepare, attend and negotiate for you. Where a fair resolution is not available at conference, we advise you on the prospects of court proceedings and run your claim until it has reached a resolution.
Our Fees
We act on work injury claims on a no win, no fee basis. You do not pay our professional fees unless your claim succeeds. Learn more about our Lower Fee Promise.
In Queensland, there is a 50 per cent cap on the share of a settlement that a law firm can take in professional fees and outlays combined. Our professional fees are charged on the Federal Court scale plus GST, and we self-impose a one-third cap for “peace of mind” and to ensure that you receive the “lion’s share” of any settlement sum.
What You Get When You Work With Us
We are a Queensland-dedicated compensation law firm. Every lawyer is an expert in Queensland schemes, and every office is in Queensland, in Brisbane, Sunshine Coast, Gold Coast, Cairns and Innisfail.
Our team includes Queensland’s largest group of QLS Accredited Specialists in Personal Injury Law, acting for injured Queenslanders across workplace injuries, motor vehicle accidents and public liability, as well as superannuation and insurance claims and professional negligence.
Travis Schultz & Partners was founded in 2018 by Travis Schultz, who was awarded the Medal of the Order of Australia (OAM) for service to the legal profession and the community, is a QLS Accredited Specialist in Personal Injury Law, and is ranked as Preeminent in Doyle’s Guide. Across every claim, our Lower Fee Promise is built to keep the lion’s share of any settlement with you.
Frequently Asked Questions About Workers’ Compensation in Queensland
How Long Do I Have to Lodge a Workers’ Compensation Claim in Queensland?
For statutory claims in Queensland, you generally have six months from the date of your injury, or your first doctor visit about the injury, to lodge a claim with the workers’ compensation insurer. Strict time limits also apply to a common law damages claim, and they are not the same as the statutory deadline. We review the deadline that applies to you in the first consultation, so you do not lose an entitlement simply by waiting.
Can I Make a Workers’ Compensation Claim if I Am a Contractor or Self-Employed?
It depends on whether you fall within the legal definition of a “worker”, which turns on the nature of your engagement rather than your job title. Many contractors, subcontractors and labour-hire workers are covered even though they do not think of themselves as employees. If you run your own business, the position is different again. We assess where you stand at the first conversation, before you assume you are not covered.
What Does Negligence Mean in a Work Injury Claim?
Negligence is a legal test, not simply a question of who was careless. A compensation lawyer will assess whether your employer owed you a duty of care, whether it failed to take reasonable steps to keep you safe, and whether that failure caused or materially contributed to your injury. Because each of these turns on the evidence, it is worth having your circumstances reviewed before you assume that you do, or do not, have a claim.
What Happens if the Insurer Rejects My Claim?
If the workers’ compensation insurer rejects or reduces your claim, you can apply to the Workers’ Compensation Regulator for a review, generally within three months of the decision. If you then disagree with the Regulator’s decision, the next step is an appeal to the Queensland Industrial Relations Commission, generally within 20 business days of that decision. We can review the decision with you and advise you on your options.
Can I Claim Common Law Damages as Well as Workers’ Compensation?
In many cases, the two run in sequence. The no-fault statutory claim supports you while you recover, and a common law claim for damages may follow where an employer’s negligence caused or materially contributed to the injury. The statutory phase is usually finalised before a common law claim is commenced, and the Notice of Assessment you receive along the way may affect your options, which is why it is worth getting advice before you accept any offer.
Will Making a Workers’ Compensation Claim Put My Job at Risk?
The Queensland scheme is a no-fault insurance arrangement, and making a workers’ compensation claim is your entitlement, not an action against your employer. There are also legal protections for workers who make a claim. If you are worried about how a claim might affect your job, a free case review is the best place to start.
Do I Have to Pay Anything to Make a Workers’ Compensation Claim?
There is no cost to lodging the statutory claim itself. We act on the common law damages claim on a no win, no fee basis, so you pay our professional fees only if the claim succeeds. We also fund the outlays on your claim as it runs and do not charge interest on them, so there are no out-of-pocket costs along the way.
While there is no cost to lodge a statutory workers’ compensation claim, some law firms may charge professional fees if a statutory claim is “successfully” resolved (i.e. if a lump sum offer is accepted). Before engaging a lawyer, it is important to understand exactly when fees may be charged and how those fees are calculated. TSP are committed to being transparent about costs from the outset and do not charge professional fees simply because a statutory workers’ compensation claim has been successfully resolved and a lump sum offer accepted.
Where to Go From Here
If you have been injured at work in Queensland, the next step is a free case review. Your claim is run from the first conversation through to resolution by an experienced compensation lawyer, on a no win, no fee basis, with professional fees capped at one third of the settlement under our Lower Fee Promise. Our team includes Queensland’s largest group of QLS Accredited Specialists in Personal Injury Law, working from five offices across the state.
