FIFO and remote worker injury claims · Queensland
FIFO worker injury claims in Queensland — for DIDO and remote workers injured on site, in camp, or travelling to and from a remote workplace.
A FIFO worker injury claim in Queensland sits inside the Workers Compensation and Rehabilitation Act. Statutory benefits begin under WorkCover. Where an employer or labour hire company breach can be made out, a separate common-law action is assessed in parallel.
- No-obligation first consultation
- No win, no fee*
- We set out our costs in writing at the start.
Your time limits
Queensland law- 6 monthsLodge your WorkCover application
- 20 business daysWorkCover decides
- 3 yearsStart court proceedings for damages
Two claims, one team
WorkCover supports your recovery. We investigate any damages claim early.
Accepted statutory claims pay benefits during recovery. We investigate any employer or third-party negligence claim alongside them.
Statutory
WorkCover claim
No fault to prove.
- Weekly payments while you can’t work
- Medical, hospital and rehabilitation costs
- A lump sum if you’re left with a permanent impairment
Lodge within 6 months. The insurer aims to decide within 20 business days.
Common law
Damages claim
Negligence has to be shown.
- Pain and suffering, on Queensland’s injury scale
- Past and future lost earnings and super
- Care, future treatment and out-of-pocket costs
Notice of Claim for Damages, a compulsory conference, and court within 3 years if needed.
The Notice of Assessment
The Notice of Assessment is where the claims can split.
Don’t sign a lump sum offer before advice.
Once your injury stabilises, WorkCover assesses your permanent impairment and may offer a lump sum. What you can do next depends on the rating.
- Under 20%Taking the lump sum ends your right to claim damages against your employer. The choice can’t be undone.
- 20% or moreYou can take the lump sum and still claim damages.
- 20 business daysTo dispute the impairment rating if you think it’s wrong.
How it happened
Most FIFO worker injury claims in Queensland trace to five scenarios.
You will probably recognise yours below. Each can open both a WorkCover claim and a common-law action, because a remote worksite operator who fails to manage the specific risks of fly-in fly-out work has usually fallen short of a clear legal duty.
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You were injured on the remote site itself.
A machinery failure, a plant accident, a fall from height, a vehicle rollover, or a manual handling injury on site. The principal contractor and your employer each owed you a duty of care. If the site was unsafe, the exclusion zone was missing, the equipment was defective, or the procedure was absent, there is usually a common-law claim. Your WCRA rights run regardless of fault.
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You were injured travelling to or from the remote site.
A road accident on a haul road, a helicopter incident, or a charter flight issue on the way to or from your swing. Travel to and from a remote worksite on employer-arranged transport is covered under the WCRA. A third-party negligence claim may also be available if the transport operator was at fault. We assess both pathways.
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You suffered a psychological injury from FIFO conditions.
Isolation, extended rosters, poor camp conditions, a traumatic incident on site, or cumulative exposure to high-risk environments. The employer has a duty to manage the mental health risks specific to FIFO work. Failure to do so can open both a WorkCover claim and a common-law action. These claims are increasingly recognised.
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Your labour hire arrangement is making it hard to know who is responsible.
You were placed by a labour hire company but worked under the direction of a host employer. Both owe you a duty of care. Labour hire workers are often told no one is responsible when in fact multiple parties are. We identify every responsible party and pursue each of them. Your WorkCover entitlements are unaffected.
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You were injured in a fatigue-related incident at the end of your swing.
Extended rosters of 14, 21 or 28 days create documented fatigue risks. Injuries sustained while driving home after a long swing, or in the final days of a roster when fatigue is highest, can be covered under the WCRA where travel is employer-sanctioned or accommodation is employer-provided. An employer who rostered excessive hours without adequate fatigue controls may also face a common-law negligence claim. Fatigue management records and roster data are key evidence we obtain early.
Straight after the injury
Four things to do straight away.
Report it
Tell your employer, and make sure it’s written in the register of injuries.
See a doctor
Ask for a work capacity certificate. You need one to lodge your WorkCover claim.
Lodge within 6 months
Your WorkCover application, from when your entitlement arises.
Keep records
Photos of the site and injury, witness names, pay slips and receipts.
Time limits
Five time limits that decide what you can claim.
Miss the first one and the WorkCover claim can be refused. Miss the last and the damages claim is gone.
- 6 monthsLodge your WorkCover applicationWithin 6 months after your entitlement to compensation arises, usually when a doctor first assesses the injury.
- 20 business daysWorkCover decidesThe insurer aims to decide your application within this period after it is lodged.
- 3 monthsReview a rejected claimApply to the Workers’ Compensation Regulator for a review of the decision.
- 20 business daysDispute your impairment ratingAfter your Notice of Assessment arrives, if you think the rating is wrong.
- 3 yearsStart court proceedings for damagesFrom the date of the injury, after the pre-court steps. Start early: those steps take time.
What you can claim
Two claims cover different losses.
What WorkCover pays
- Weekly payments while you can’t work
- Medical, hospital and pharmacy costs
- Rehabilitation and return-to-work support
- Travel for treatment
- A lump sum for permanent impairment
- Death benefits for dependants
What a damages claim covers
- Pain, suffering and loss of enjoyment of life
- Past and future loss of earnings
- Lost superannuation
- Paid care and assistance
- Future treatment and out-of-pocket costs
- Interest on past losses
Statutory limits apply to damages, and WorkCover benefits already paid are refunded from them.
How we run your claims
Five steps. Both claims. One team.
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Step 1
No-obligation first consultation
We check whether one or both claims apply, and what each is likely to cover. -
Step 2
WorkCover application
Lodged with your medical certificate, well inside the 6 months. -
Step 3
Damages case built early
Site evidence, witnesses, engineering and medical reports, while WorkCover runs. -
Step 4
Notice of Assessment
We compare the lump sum with your damages claim before you choose. -
Step 5
Conference, then court if needed
Many claims resolve at the compulsory conference. If not, court proceedings start within the 3 years.
Costs
What it costs you.
No win, no fee* on damages claims
If your damages claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.
No-obligation first consultation
You decide whether to go ahead once you know your options and the likely costs.
Everything in writing
Fees and outlays for each claim are set out in a costs agreement before we start.
Capped at 50%
Our professional fees are capped at 50% of what you recover, after refunds and outlays (Legal Profession Act 2007 (Qld) s 347).
Questions
Straight answers to the questions you have right now.
Yes. Direct travel between your home and your workplace is covered as a journey claim under s 35 of the WCRA, and this applies to workers generally — not only where transport is employer-arranged — provided you were travelling directly without a substantial delay or deviation. Coverage clearly extends to employer-arranged transport to or from a remote site. Call us immediately so the claim is lodged correctly.
No. Your pre-injury average weekly earnings should include all regular payments including FIFO allowances, site allowances and roster loadings. If WorkCover has not included them, we challenge that calculation.
You lodge through your direct employer, which is the labour hire company. Your common-law claim may run against the host employer, the principal contractor, or both. Do not rely on either party to sort this out. Call us.
Yes. Where the principal contractor controlled the site and failed to maintain safe systems of work, they can be liable alongside your employer. We identify and pursue every responsible party.
Your pre-injury earnings including all FIFO allowances, site allowances and roster loadings form the base for calculating past and future economic loss. FIFO earnings are typically higher than average wages, making the economic loss component of your claim substantial.
Yes. Where accommodation is provided as a condition of your employment on a remote site, injuries sustained in that accommodation are treated as injuries arising out of your employment under the WCRA. This includes slips and falls in ablution blocks, injuries from faulty camp equipment, or accidents in common areas. A negligence claim against the site operator or accommodation provider may also be available if the premises were unsafe.
Generally, Queensland law applies where the injury occurred in Queensland, regardless of where your employer is registered or where your employment contract was signed. Under the Workers Compensation and Rehabilitation Act 2003, WorkCover Queensland has jurisdiction over injuries sustained on Queensland soil. However, the analysis is more nuanced where your contract nominates another state or where you worked across multiple jurisdictions during your employment. We assess the connecting factors in your specific situation and advise on the correct forum before lodging.
Guides that go further.
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Guide
FIFO Workers’ Compensation in Queensland: Are You Covered at Camp, in Transit and Off Shift?
FIFO workers compensation in Queensland: when WorkCover covers you at camp, in transit and off shift, psychological injury, interstate rules, time limits.
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WorkCover
What to do when you’ve been injured at work?
The first steps after a workplace injury, what WorkCover pays, and the six-month and three-year time limits.
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First steps
I’m Hurt at Work, Now What? Your First 72 Hours Explained
What to do in the first three days: reporting the injury, seeing a doctor, the Work Capacity Certificate and lodging your claim.
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Time limits
Time Limits for Workers’ Compensation Claims in Queensland
Six months to lodge a WorkCover claim, three years for common law damages, and the exceptions that can extend them.
Hurt at work?
Talk to a lawyer before you sign anything WorkCover sends you. There’s no obligation to go ahead.
General information only, not legal advice about your situation. No win, no fee* applies to damages claims: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.