Statutory workers compensation claims

It is possible to legally represent yourself when making a claim however, 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.   

Without an experienced workers’ compensation lawyer in your corner, it can be difficult to identify and highlight the strengths of your case.  

Without the right legal advice and support, you then may not receive the compensation you're entitled to. A lawyer can help you maximise your lump sum entitlements.

At Shine Lawyers, we put your first. We’ve been standing up for the rights of everyday Australians for over 45 years. As one of Australia’s largest litigation law firms, we are here to help you get the justice you deserve.  

Our empathy, understanding and expertise is why we’re ahead of the pack. We’ll stand with you and guide you through every step of the way. 

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 workers’ 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. 

Under Queensland law, in order to progress a common law claim, a statutory claim must first be lodged, accepted and assessed by WorkCover or the self-insurer. 

• Past and future loss of earnings 

• Loss of enjoyment of life and pain and suffering 

• Medical and hospital expenses 

As part of the common law claims process, you should always seek expert legal help as soon as possible following your injury. The technicalities and complexities that can arise in a case require vast knowledge of the legal system, and when it comes to positioning your case in a way that maximises your entitlements – seeking the help of a lawyer is often the best way to proceed.

Under the Queensland workers compensation scheme, all employers are required to insure their employees against accidents. 

You are generally protected by workers compensation if you are: 

• A casual or permanent employee 

• A full-time or part-time employee 

• A self-employed worker (in some cases) 

• A person deemed to be a worker (juniors, work experience students and some volunteers)

If your claim is accepted by WorkCover in Queensland, they will pay you weekly benefits. The amount of this benefit is calculated as a percentage of your wage. You can usually claim up to 85% of your normal earnings for the first six months, and up to 75% of your normal earnings for up to two years, or until your injuries are deemed stable and stationary.

Once your injury is deemed stable and stationary which means it’s unlikely you will improve with further medical treatment), you will be referred for a medical assessment by a doctor on a WorkCover approved panel. It’s strongly recommended that you seek expert legal help prior to this assessment, to allow adequate time to strongly position your case. 

If your claim is for a psychological injury, you will be assessed by the medical assessment tribunal MAT). It is strongly recommended you consult with an expert lawyer to maximise your entitlements and ensure you get the right compensation for your injurieS.