Being injured at work is stressful enough without the added complexity of navigating Queensland’s WorkCover system. This guide explains exactly what you need to do after a workplace injury — and how to protect your rights at every stage of the claims process.
What is WorkCover Queensland?
WorkCover Queensland is the statutory insurer that administers the workers’ compensation scheme under the Workers’ Compensation and Rehabilitation Act 2003 (Qld). Most Queensland employers are required to hold a WorkCover policy covering their employees for injuries and diseases arising out of or in the course of their employment.
Most workers under a contract of service — full-time, part-time and casual employees.
Independent contractors, labour-hire workers classified as contractors, and some gig economy workers, who may need a different pathway.
What is covered is broad: injuries, diseases and aggravations of pre-existing conditions arising out of, or in the course of, your employment.
Step 1Report Your Injury Immediately
As soon as possible
Your first obligation after a workplace injury is to notify your employer as soon as practicable. Delayed reporting can create difficulties when establishing the connection between your work and your injury.
Make sure your report is in writing — email is sufficient — and includes the date, time, location and circumstances of the incident.
Step 2Seek Medical Treatment
See a doctor immediately and tell them that your injury occurred at work. Your treating doctor will provide a WorkCover medical certificate — this is the document that formally opens your claim. Keep all medical certificates and retain receipts for all treatment expenses.
Your Right to Choose Your Doctor
Even if your employer has a nominated company doctor, you are entitled to see your own preferred GP for a WorkCover medical certificate. You cannot be forced to use your employer’s doctor.
Step 3Lodge Your WorkCover Claim
Lodge within 6 months Employer reports within 8 business days WorkCover decides within 20 business days
Your employer must report your injury to WorkCover Queensland within eight business days of becoming aware of it (s 133). You can also lodge your claim directly with WorkCover Queensland online or by phone, without waiting for your employer.
You must lodge within six months of the day a doctor first assesses your injury. A claim lodged later is only valid if WorkCover waives the time limit (s 131). Lodge within 20 business days of that assessment if you can: if you lodge later, compensation is only paid from 20 business days before the day you lodge.
WorkCover Queensland then has 20 business days to decide whether to accept or reject your claim.
Step 4Understand Your Weekly Benefits
If your claim is accepted and your injury stops you working, you are paid weekly compensation. It is worked out from your normal weekly earnings (NWE) and Queensland Ordinary Time Earnings (QOTE), the state average for full-time adult ordinary earnings, which is updated each year. These are the rates for total incapacity under sections 150 to 153 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld). Casual and part-time workers are never paid more than their NWE.
| Period | Weekly compensation |
|---|---|
| First 26 weeks | The greater of 85% of your NWE or the amount your industrial instrument (such as an award or enterprise agreement) provides. If no industrial instrument covers you: the greater of 85% of your NWE or 80% of QOTE, but never more than your NWE. |
| 26 weeks to 2 years | The greater of 75% of your NWE or 70% of QOTE, but never more than your rate for the first 26 weeks. |
| 2 to 5 years | If your injury could result in a degree of permanent impairment (DPI) of more than 15%: the greater of 75% of your NWE or 70% of QOTE. Otherwise: the single pension rate, which is the maximum single rate of the Disability Support Pension. |
| When payments stop | When you are no longer incapacitated, after 5 years of weekly payments, or when weekly payments for the injury reach 216.15 times QOTE, whichever comes first (ss 140 and 144A). |
Step 5Return to Work Planning
WorkCover aims to support injured workers back into employment. Your employer is obliged to provide suitable duties if you are fit for modified or light work. You are never required to perform duties that exceed your medical restrictions — document any pressure from your employer to do so.
What If Your Claim Is Rejected?
Request written reasons within 20 business days after receiving the decision
A rejected claim is not the end of the road. You can:
- Ask WorkCover for written reasons within 20 business days after receiving the decision.
- Apply to the Workers’ Compensation Regulator for independent review within three months after receiving the written decision.
- If dissatisfied with the review, appeal to QIRC within 20 business days after receiving the review decision.
Legal representation significantly improves outcomes at every review level. Carter Capner Law offers a no-obligation first consultation for workers with rejected claims.
Can I Claim Common Law Damages?
If your injury was caused or contributed to by your employer’s negligence, you may be eligible to pursue common law damages. These can include compensation for pain and suffering, past and future economic loss, and medical expenses beyond the statutory cap.
Common law usually follows a DPI assessment, but there is no minimum DPI to seek damages. Below 20% DPI, you generally choose between the statutory lump sum and damages; at 20% or more, both can be available.
Frequently Asked Questions
What is WorkCover Queensland?
The statutory insurer that runs the workers’ compensation scheme under the Workers’ Compensation and Rehabilitation Act 2003 (Qld). Most Queensland employers must hold a WorkCover policy for their employees.
Who is covered?
Most workers under a contract of service, meaning full-time, part-time and casual employees. Independent contractors, labour-hire workers classified as contractors and some gig economy workers may not be covered.
Do I have to see my employer’s doctor?
No. Even if your employer has a nominated company doctor, you are entitled to see your own GP for a WorkCover medical certificate.
How long does my employer have to report my injury?
Eight business days after becoming aware of it (section 133). You do not have to wait: you can lodge your claim directly with WorkCover Queensland online or by phone.
How long does WorkCover take to decide my claim?
20 business days.
Can my employer make me do duties beyond my medical restrictions?
No. Your employer must provide suitable duties if you are fit for modified or light work, but you are never required to go beyond your medical restrictions. Keep a record of any pressure to do so.
What if my claim is rejected?
Apply to the Workers’ Compensation Regulator for independent review within three months after receiving the written decision. A QIRC appeal is due within 20 business days after receiving the review decision.