Workers Compensation is designed to support workers who have been injured on the job. If you are injured at work in Queensland or Western Australia (WA), you may be able to claim compensation to cover your wages, medical expenses and rehabilitation costs in addition to other types of Workers Compensation and benefits.
Workers compensation legal process in Queensland and WA
If you have suffered an injury at work or because of work, there are two types of claims:
All claims made in Queensland first need to be lodged as statutory (no-fault) claims. It's always best you see a lawyer as early as possible following an injury at work and before you are assessed by WorkCover, because WorkCover's focus is not on maximising your entitlements. Seeing a lawyer early in the process and before the assessment can allow for stronger positioning of your case, which in turn gives you the best opportunity to maximise your entitlements.
Everyone’s situation is unique, because no two work injuries or accidents are the same, however the below image is a good representation of the workers compensation claims process in Queensland and WA and how to access compensation following your injuries.
How workers compensation gets calculated in Queensland and WA
Depending on the nature of your work injury in Queensland and WA, in most instances a monetary value is placed on the gap between your predicted life path before the work accident, and your actual life path since the injury.
This page is written specifically for a Queensland or Western Australian audience. Restrictions in these states prohibit us from showing certain information regarding our legal services, so if you are located in New South Wales (NSW) please click here, and in any other region click here, for information on workers compensation law.
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Common questions about Workers Compensation Queensland and WA
WorkCover Compensation can include weekly payments, medical expenses and an impairment lump sum and can be provided regardless of who was at fault.
The Workers Compensation scheme covers:
- Casual and permanent employees
- Full-time and part-time employees
- Some self-employed workers
- People deemed to be workers (jurors, work experience students, some volunteers)
Workers compensation falls under employment law, which is a broad area of law that focusses on most areas of the employer/employee relationship.
- Injuries suffered at work, as a result of work or during work activities
- Diseases caused by work
- 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
A number of factors can affect the amount of compensation you may be entitled to. A solicitor can give you advice about your rights.
A work injury doesn’t have to be physical. It can also be stress-related such as a heart attack or stroke or worsening of a pre-existing disease or condition.
Examples of workers compensation cases in Queensland or WA include:
- Spinal injuries
- Back injuries
- Slipped disc injuries
- Arm injuries / hand or finger injuries
- Leg injuries / foot or toe injuries
- Head / eye injuries
- Brain injuries
- Repetitive strain injuries (e.g. carpel tunnel syndrome)
- Construction injuries
- Farm injuries
- Death dependency
- Cancer conditions
- Heart attacks
- Neck injuries
- Soft tissue injuries
- Chemical exposure
- Asbestos exposure
- Burn injuries
- Industrial asthma and other lung conditions
- Infectious conditions (e.g. Qfever)
- Industrial Deafness
- Asbestos compensation
- Occupational asthma
- Industrial accidents
- Stress claims
- Psychological conditions.
If you’ve been injured at work and the employer is found to be responsible, it’s your employer’s insurance company that will pay your compensation.
Workers Compensation covers injury or death suffered following a work-related accident and where you can prove your employer was negligent.
If the injury was not your fault, you may be able to claim for:
- Medical and hospital expenses
- Loss of wages
- Travelling expenses
- Permanent impairment compensation
- Rehabilitation expenses
- Return to work services
- Death compensation claims.
If your injury involves a motor vehicle or public transport accident, you could be entitled to motor vehicle accident compensation.
You will be able to get a better idea of the amount of compensation you may be entitled to once all of the evidence has been gathered.
It’s important that you seek legal advice before accepting any lump-sum payment from an insurer.
Once a lawyer knows the ins and outs of your case they can give a better idea of the timeframes involved with your claim.
You must also get medical evidence to prove that your injury is work-related.
In Queensland and Western Australia, you need to make a claim within three years from the date of the accident. Pre-court procedures take time so we recommend that you seek legal advice at as soon as you can.
Your legal costs will be determined by the amount of work required to resolve your claim.
When you make a workers compensation claim it is not your employer who pays for the compensation but their insurance company.
There are different ways you can prove that the incident occurred. Your lawyer can help you with this and go through the different options with you.
If you’re no longer able to do your job because of illness or injury, it’s highly likely your employer will not be a position to keep you in your job.
- Report your injury to your employer immediately
- Visit a qualified medical practitioner as soon as possible. You’ll need medical evidence to prove your injury is work related.
- Lodge a claim with your employer’s insurer.
It’s best to seek medical advice as quickly as you can, as your right to compensation begins on the date you see a doctor, not the date you’re injured. The longer you wait, the more you could lose in entitlements.
From this point on, a lawyer can help you get the best possible outcome. They will establish your rights and entitlements under Queensland law.
Most people making workers compensation legal claims choose not to act for themselves and instead engage an expert compensation lawyer. The best compensation lawyers can provide the knowledge and experience required to help guide a case to a successful outcome.
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Strathpine Centre
- Sunshine Coast
Why choose Shine
Meet the team
Shine Lawyers also have accredited specialists in personal injury law in Queensland:
Jodie Willey, Brisbane
Kathryn Rayner, Townsville
Lisa Kinder, Toowoomba
Melissa O'Neill, Brisbane
Michelle Wright, Springwood
Roger Singh, Brisbane
Simon Morrison, Brisbane