Who can make a worker’s compensation or WorkCover claim?
All employers are required to have worker's compensation insurance for their employees in their workplace – because of this, all workers are eligible to access worker's compensation entitlements if they are injured or ill because of their work regardless of whether they’re full-time, part-time or casual.
Even people who can be considered workers such as volunteers, or those doing work experience will be able to access benefits.
Most Queensland businesses are insured by WorkCover Queensland however, some large employers are self-insured. Your rights and the insurer’s obligations remain the same and Shine is able to assist in all workers’ compensation claims.
Injuries covered by worker’s compensation include:
Injuries sustained at work, resulting from work or during work activities (e.g. staff parties)
Diseases or pre-existing conditions made worse by work
Injuries suffered while travelling for work
Injuries suffered while receiving medical treatment for a separate work injury
The worker’s compensation scheme involves two phases; the first is the statutory phase which is a no-fault scheme. This means any injuries or illnesses related to your employment can be claimed for. The second phase is the common law phase, which requires you to prove that your employer was at fault for your injury or illness.
It is always worth reaching out for an obligation-free initial consultation, so you can get the legal advice you need, specific to your situation.
Injury types
You can make a worker’s compensation claim for any injury or illness including serious injury or illness you have suffered as a result of work. Here are just a few examples:
Back injuries, including spinal injuries and slipped or bulging disc injuries
Lifting injuries
Lacerations
Amputations
Fractures
Death and dependency claims
Chemical exposure
Repetitive strain injuries
Additional claim types
Our team of worker’s compensation lawyers will help you understand all the options available to you in more detail.
Depending on the circumstances of your issue, you may also be eligible for:
Check if you have a claim with our simple, free online tool.
What we will ask:
Details about the accident and injuries that have happened to you or your loved one
Basic personal information that is relevant and necessary for your claim
What happens next:
Either book a no obligation appointment with a compensation law expert right away or,
Speak with our team about your options
Worker's compensation claim process
Document and report your injury or illness to your employer
It’s important to immediately inform your employer in writing about your work-related injury and keep any information and documentation.
Seek medical treatment
Make a doctor's appointment – preferably with your personal doctor – and explain what has happened at work. It’s important the doctor documents everything thoroughly and accurately.
Phase 1: Lodge a statutory workers' compensation claim
This involves lodging your claim online with WorkCover QLD. You can make a claim for any injuries or illness related to your employment.
Phase 2: Submit a common law claim for compensation
Once your statutory claim has finalised, we will work with you to ensure your common law claim (when your employer is at fault) form is submitted correctly and in line with the strict time limitations.
We’ll build your claim and keep you informed
We will work with you to gather all the documentation and medical evidence required to support your claim. You focus on your recovery and rehabilitation, and we’ll take care of the rest whilst always keeping you in the loop. Once our investigations are complete, we will advise you of the best way forward
Resolve your case
If your claim is successful, you will receive the compensation you deserve, so you can focus on your future.
Do you have a claim?
We’re here to make the claims process as simple and stress-free as possible.
FAQs
Who pays the worker’s compensation or WorkCover claim?
If you’ve been injured at work and your employer is found to be responsible, it’s your employer’s insurance company that will pay your compensation. Workers’ compensation is a type of insurance that is compulsory for all employers and is there for your protection.
If you make a claim against your employer, there are laws in place to ensure they don’t treat you differently during the process. If they do, they could be held liable for discrimination. Our team can help you make a claim while ensuring you are not treated unfairly for drawing a line between right and wrong.
Can I represent myself, or do I need a QLD worker’s compensation lawyer?
Yes, it is possible to legally represent yourself when making a claim. However, doing so successfully will require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward against WorkCover who will have their own legal team to defend them.
You will also need evidence to prove that your employer is at fault for your injury and without an experienced workers’ compensation lawyer in your corner, it can be difficult to identify and highlight the strength of your case. Without the right legal advice and support, you then may not receive the compensation you're entitled to under the workers’ compensation scheme.
Why trust Shine to be my worker’s compensation lawyers?
We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation-free initial consultation so you can understand your rights and know where you stand.
*Conditions apply
What aspects of the law can Shine’s QLD worker’s compensation solicitors help me with?
Our team of workers compensation experts may be able to help you to:
Submit a workers’ compensation claim
Contest a worker’s compensation claim that has been rejected by your employer’s insurer
Support you when your employer is refusing to cooperate with your claim, or pressuring you to return to work
Access compensation if your employer's insurer is refusing to pay for treatment or hasn’t approved your request for surgery
Ensure you are receiving the maximum weekly benefits or gain access if they have been cut off, also making your common law claim proving your employer is at fault and obtaining maximum compensation for you
Provide advice if you have suffered a workplace injury and need advice on the next steps
Where are the Shine QLD worker’s compensation solicitors located?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support.
If you’d like to speak to our worker’s compensation team in person, you can see our full list of locations here.
If you aren't able to find a location near you, we can easily arrange an obligation-free virtual appointment. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
