Making a claim for workers’ compensation in Queensland
6 minute read
Workers' compensation
Learn about the workers’ compensation QLD process and how Shine Lawyers’ experienced workers’ compensation lawyers in Brisbane and Queensland can help.
Queensland workers’ compensation
If you’re injured or become ill because of your work, you may be eligible to claim Queensland workers’ compensation. If your workers’ compensation claim in QLD is successful, you'll receive payments to help with the cost of medical treatment and rehabilitation for your injury or illness.
WorkCover Queensland is the main workers’ compensation insurer in QLD. By law, employers must have Queensland workers’ compensation insurance for their workers. If your employer isn’t covered by WorkCover or another insurer, you can still make a workers’ compensation claim in QLD.
Who can make a workers’ compensation claim in QLD?
You can make a Queensland workers’ compensation claim if:
You’re a worker in Queensland
You’ve suffered an injury or become ill in the course of your employment
Your work significantly contributed to your injury or illness (such as in our client Craig’s case).
How to claim workers’ compensation in QLD
Starting from the moment of your work-related injury or illness, these are the steps to make a Queensland workers’ compensation claim:
Step 1 – Seek immediate medical treatment (if necessary)
If necessary, get immediate medical attention for your work-related injury or illness. Call 000 if you have serious or life-threatening injuries or illness.
Step 2 – Document and report your work-related injury or illness
Document and report your injury to your employer. Your employer must have an accident or injury register. It’s important that you accurately detail the circumstances of your work-related injury or illness.
Step 3 – Get a Work Capacity Certificate from your doctor
A Work Capacity Certificate must accompany your Workers’ Compensation Claim Form. It must be completed by an AHPRA registered:
Medical doctor (such as your GP or a medical specialist)
Dentist (if you have suffered a mouth injury)
It’s important to know that:
The choice of treating doctors is yours, and not your employer's
You can see your usual GP or ask family or friends for a recommendation. You may need to see a medical specialist for your work-related injury or illness
Your employer should not be present during your medical examinations
Explain the circumstances of your work-related injury or illness to your doctor, including every detail, no matter how minor you think it is;
Ensure your doctor lists all work related injuries or illnesses on the Work Capacity Certificate including any secondary injuries such as psychiatric conditions arising from the primary injury.
Step 4 – Complete and submit your workers’ compensation claim form
At any stage during the Queensland workers’ compensation claim process, get in touch with Shine Lawyers. Our experienced workers’ compensation lawyers in Queensland can help with all aspects of your claim.
During your obligation-free meeting with one of our team, we’ll listen to what happened to you, and the impact your injury or illness is having on your life and ability to work. We can advise you of your eligibility to make Queensland workers’ compensation claim and your best compensation options.
Our workers’ compensation lawyers in Brisbane and Queensland work on a No Win No Fee* basis.
*Conditions apply
Why you need a workers’ compensation lawyer in Brisbane and Queensland
Navigating the workers’ compensation QLD process can be difficult, particularly while you’re injured or ill. Our experienced workers’ compensation lawyers in Brisbane and Queensland can support you through the process and give you advice about your specific situation.
We can also help if your claim has been rejected or if you’ve missed an important time limit.
Time limits for making a Queensland workers’ compensation claim
It’s important to act quickly if you’re injured or become ill because of your work. Our trusted workers’ compensation lawyers in Brisbane and Queensland are aware of the strict time limits involved in the workers’ compensation Qld process, including:
You must lodge your workers’ compensation claim within six months of your entitlement to apply for Queensland workers’ compensation (in practice, this generally means within six months from the date you are injured).
The insurer has twenty business days to decide on your submitted claim
If your claim is rejected, any review must be made within three months of receiving the insurer’s decision
How Shine Lawyers can help with your Queensland workers’ compensation claim
If you think your work-related injury or illness means you’re eligible to make a Queensland workers’ compensation claim, get in touch with Shine Lawyers. Even if you’ve already submitted a claim, we can advise you on your specific circumstances and support you through the workers’ compensation QLD process. Making a claim could help you to protect what matters for you and your family.
Can my employer discriminate against me if I make a Queensland workers' compensation claim?
In short, no they should not, but in some instances they do. Your workers’ compensation claim is against your employer’s insurer, not against them personally.
If your employer is discriminating against you because of your work-related injury or illness, contact our dedicated workers’ compensation lawyers in Brisbane or Queensland for advice specific to your situation.
It’s important that you take the time to rest, heal and receive medical treatment for your work-related injury or illness, without the additional stress of discrimination.
How long does it take to get paid by workers’ compensation?
The sooner you make a workers’ compensation claim in Qld, the sooner you’ll receive a decision.
Is there other workers’ compensation in Queensland I can claim?
Depending on the specific circumstances of your work-related injury or illness, you may be able to make a:
Common law damages claim if your injury or illness was caused by your employer’s negligence. Workers’ compensation insurers must accept that you were a worker and suffered an injury to be eligible to make a common law claim
Sometimes, multiple parties can be negligent for causing an injury or illness, so it is important to obtain advice from experienced workers’ compensation lawyers in Queensland about all potential claims and relevant time limits
Total and Permanent Disability (TPD claim) under your superannuation or disability insurance if your injury or illness meets a certain level of disability and impacts your capacity to return to your previous role or to work at all.
Our expert lawyers will skilfully highlight the strength of your case, identify your legal rights and entitlements and support you every step of the way.
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