WorkCover and work injuries – frequently asked questions
How much workers compensation am I able to claim?
In Queensland, the amount of workers compensation you can claim through WorkCover depends on the specifics of your injury and your employment situation. Generally, WorkCover will cover your medical expenses and a portion of your lost wages while you are unable to work due to the injury. Your weekly compensation payments will be based on your average normal weekly earnings over the 12 months before the injury occurred.
In addition to covering your medical expenses and lost wages, WorkCover may also provide rehabilitation and retraining benefits if you cannot return to your previous job due to the injury. These benefits can include funding for education or training programs, assistance with finding alternative employment, and support for any necessary adaptations or modifications to your home or workplace.
It is important to note that there are limits on the compensation you can receive through WorkCover. For example, the maximum weekly benefit payment for an injury that occurred in 2021 is $5,527.40 per week, and the maximum amount of time you can receive benefits is 5 years. It is also possible that WorkCover may find that your injury is an aggravation of a pre-existing condition, which will limit the benefits you may be entitled to. If you have questions about the amount of workers’ compensation you can claim through WorkCover, it is recommended to seek legal assistance.
How long does WorkCover take to accept or reject a workers compensation claim?
The length of time it takes to process a workers’ compensation claim through WorkCover in Queensland can vary depending on the specifics of your case. Generally, WorkCover is required to make a decision on your claim within 20 business days of receiving your Claim Form. However, the process may take longer if your claim is complex or if additional information is needed to make a decision.
Once your lawyer knows all of the facts, they can give you a more accurate idea of how long your claim will take.
Are there time limits for making a workers’ compensation claim in Queensland?
In Queensland, workers compensation claims are subject to time limits. Generally, you must lodge a WorkCover claim within six months after the date of the injury or illness. If the injury occurred over a period of time, you have six months from when you first saw a doctor about the injury. This six month time frame can be waived if you lodge a claim within 20 business days of assessed with an incapacity for work for the first time by a doctor. Otherwise, there are limited situations where the six month time frame can be extended.
If you cannot file your claim within the required time limits due to extenuating circumstances, you may be able to request an extension. However, you will need to provide a valid reason for the delay and demonstrate that you have a genuine claim for compensation. It is recommended to seek legal assistance if you need to request an extension or have any questions about the time limits for making a workers’ compensation claim in Queensland.
What is the cost of making a workers compensation claim in Queensland?
There is no cost to making a workers’ compensation claim through WorkCover in Queensland. WorkCover is responsible for covering the costs of your medical treatment and any necessary rehabilitation for your work-related injury, as well as a portion of your lost wages while you are unable to work due to the injury.
If your claim is accepted, you will not need to pay for any of these expenses out of pocket. WorkCover will generally pay for your medical bills directly, and your weekly compensation payments will be deposited into your bank account.
There may be some exceptions to this rule. For example, if you seek treatment from a medical provider who is not approved by WorkCover, you may be required to pay for those expenses yourself. If you’re seeking legal support, Travis Schultz & Partners work on a No Win, No Fee basis, there will be no upfront legal fees or out-of-pocket expenses associated with your claim.
Is it up to me to prove the accident happened while I was at work?
When you make a workers’ compensation claim through WorkCover in Queensland, you will need to provide evidence that the injury is related to your work. This may include documentation such as incident reports, witness statements, and medical records.
It is essential to gather as much evidence as possible to support your claim. This may include photographs of the accident scene, any equipment or materials involved, and any visible injuries you sustained. It is also helpful to have a clear and detailed account of what happened, including the date and time of the accident, the location, and any witnesses present.
It is not necessarily up to you alone to prove that the injury occurred while you were at work. WorkCover will also conduct its investigation and may request information from your employer and other relevant parties. However, it is important to be proactive in gathering evidence and providing it to WorkCover in a timely manner to support your claim. If you have questions about the evidence required to support a workers’ compensation claim in Queensland, it is recommended to seek legal assistance.
If I make a WorkCover claim, will my employer sack me?
It is illegal for an employer to dismiss an employee or take adverse action against them for making a workers’ compensation claim in Queensland. This includes firing, demoting, or reducing pay or hours. If an employer takes such action against an employee in retaliation for making a claim, the employee may have grounds to pursue legal action.
If you are concerned about making a workers’ compensation claim because you fear retribution from your employer, it is essential to know that you have rights and protections under the law. You should inform your employer of the injury and your intention to file a claim as soon as possible and be prepared to provide any necessary documentation or information to support your claim. If you feel that your employer is not acting in good faith or is taking adverse action against you, it is recommended to seek legal assistance.