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.
This page is written specifically for Queensland or Western Australian readers. Restrictions in these states prohibit us from showing certain information regarding our legal services. If you are located in New South Wales, please click here, and in any other region click here, for information on workers' compensation law.
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. 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, and no two work-related injuries or accidents are the same. However, the video below provides a general overview of the process for bringing a claim for compensation with Shine Lawyers:
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.
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Common questions about Workers’ Compensation Queensland and WA
Employers must have compulsory Workers Compensation insurance for employees in their workplace.
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 covered by the Workers Compensation scheme in Queensland or WA include:
- 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.
Workers Compensation insurance is compulsory for all Queensland and WA employers.
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.
If you’ve been injured at work in Queensland or WA, you could be entitled to compensation benefits through a Workers Compensation claim.
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.
In most cases, Workers Compensation does not apply if you were travelling to or from work in Queensland or WA.
If your injury involves a motor vehicle or public transport accident, you could be entitled to motor vehicle accident compensation.
The amount you will be able to claim will depend on the particular facts of your situation.
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.
How long your Queensland or WA Workers compensation claim takes depends on a few things, for example how complex your particular situation is.
Once a lawyer knows the ins and outs of your case they can give a better idea of the timeframes involved with your claim.
There is a strict time limit when it comes to lodging a workers compensation claim. Please contact Shine Lawyers for further information regarding your entitlements and your eligibility to 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.
We work on a No Win No Fee basis for all workers compensation claims in Queensland and WA, so you’ll only pay our fee if you win your case at the end of your claim.
Your legal costs will be determined by the amount of work required to resolve your claim.
It is compulsory for all employers in Queensland and WA to have workers compensation insurance.
When you make a workers compensation claim it is not your employer who pays for the compensation but their insurance company.
Yes. It’s up to you to prove the incident happened under Queensland and WA law, but not every incident is witnessed.
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.
There are laws in place to ensure you are not sacked because you have made a workers compensation claim.
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.
To make a successful claim, it’s important to do three things:
- 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.
It is possible to legally represent yourself when making a compensation claim. Doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.
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.
Shine Lawyers have offices in the following locations in Queensland and WA. As part of our service offering, home or hospital appointments can be arranged at your convenience.
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers have expert No Win No Fee lawyers that can help you determine your rights under Queensland and WA law and bring forward a workers compensation claim on your behalf. The below links contain further information regarding your legal options.
Shine Lawyers also have accredited specialists in personal injury law in Queensland: