Workplace discrimination & harassment claims · Queensland
For Queensland workers harmed by workplace discrimination, harassment, or bullying — we run work discrimination and harassment claims Queensland-wide for psychological injury sustained on the job.
Workplace discrimination, harassment, and bullying that cause psychiatric injury in Queensland engage the Workers’ Compensation and Rehabilitation Act 2003 for statutory benefits, alongside potential rights under the Anti-Discrimination Act 1991 and the Fair Work Act adverse-action regime. Statutory benefits begin under WorkCover. Where an employer breach of duty caused or contributed to the injury, a separate Queensland workers compensation 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.
Workplace discrimination, sexual harassment and victimisation can run on two separate tracks. Where a diagnosed psychological injury exists, WorkCover and a common-law claim apply. Where the conduct itself is the wrong, the Anti-Discrimination Act and Sex Discrimination Act allow a separate complaint for damages including hurt and humiliation.
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
The work discrimination and harassment claims we run in Queensland trace to four scenarios.
You'll probably recognise yours below. Each can open both a WorkCover psychiatric injury claim and a common-law action. And adverse-action and Anti-Discrimination Act pathways may also apply.
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Sustained bullying or hostile conduct broke you down.
A persistent campaign of demeaning conduct, exclusion, or unreasonable management action. Repeated complaints, no meaningful response. The employer’s psychosocial safety system did not meet its statutory and policy obligations. The resulting psychiatric injury is compensable; adverse-action protections also apply.
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Sexual harassment harmed you.
Conduct of a sexual nature you didn’t welcome, by a co-worker, manager, contractor, or client. The employer either knew or should have known. The complaint system, training, or supervisory response fell short. The injury is compensable, and Anti-Discrimination Act and Sex Discrimination Act pathways are assessed in parallel.
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Discrimination on a protected attribute caused injury.
Treatment less favourable on the basis of race, sex, age, disability, sexual orientation, or another protected attribute. The conduct caused diagnosable psychiatric injury and engaged statutory anti-discrimination protections. Workers’ compensation, common-law, and tribunal pathways are assessed together.
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Adverse action or unfair process broke you down.
Disciplinary action that didn’t follow process, retaliation after a complaint, a sham redundancy, a sustained pattern of unfair allocation. The conduct caused psychiatric injury and engaged the Fair Work adverse-action regime. Statutory benefits, common-law damages, and FW Act remedies are assessed in parallel.
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.
General information only. Not legal advice. For advice on your specific matter, call Carter Capner Law on 1300 529 529.
Two key time limits apply in Queensland. For a WorkCover statutory claim, you generally must lodge within six months of the injury (or the date you became aware of it). For a common law damages claim, court proceedings generally must be started before the three-year anniversary of the injury, with pre-court steps under the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) commenced well before that. Late lodgement can sometimes be excused, but the safer course is to act quickly. Call us on 1300 529 529 to check your dates.
There are two tracks. The statutory (WorkCover) claim is a no-fault scheme that pays weekly wages, medical and rehabilitation costs, and a lump sum if you have a permanent impairment. The common law damages claim is a separate negligence claim against your employer (or another party) for the full loss caused by the injury. Past and future wage loss, future treatment, care and pain and suffering. Many workers run both: the statutory claim first, then a damages claim once the injury has stabilised. Call 1300 529 529 to talk through which tracks fit your circumstances.
It can be both. If discrimination, bullying or sexual harassment has caused a diagnosed psychological injury, you may have a WorkCover claim under the WCRA. You may also have a separate complaint under the Anti-Discrimination Act 1991 (Qld) or the federal Sex Discrimination Act 1984, lodged with the Queensland Human Rights Commission or the Australian Human Rights Commission. The time limits are tight. Generally one year from the conduct for the QHRC, and 24 months for the AHRC. Running both correctly takes care. Call 1300 529 529.
We act on a No Win No Fee* basis for work injury claims. That means you don’t pay our professional fees unless your claim succeeds. Whether outlays (medical reports, court filing fees, expert opinions) are payable if your claim doesn’t succeed depends on your costs agreement. Before we start, we give you a written costs agreement explaining everything in plain English so there are no surprises. Call 1300 529 529 for a no-obligation discussion of your matter.
It is unlawful for an employer to dismiss you because you have made or are about to make a workers’ compensation claim. The Fair Work Act 2009 protects you from adverse action for exercising a workplace right, and the WCRA protects your job for the first 12 months of incapacity in most cases. If you have been pushed out, demoted, or had hours cut after lodging, get advice quickly. Strict time limits apply to general protections claims (usually 21 days from dismissal). Call 1300 529 529.
Psychological injuries, including PTSD, anxiety and depression, can be covered if they arise out of or in the course of employment and employment is a significant contributing factor. Injuries arising out of or in the course of reasonable management action taken in a reasonable way, or the worker’s expectation or perception of it, are excluded. Evidence from a treating GP and psychologist or psychiatrist helps establish the diagnosis and work connection. Call 1300 529 529 to discuss your circumstances.
Yes. An Anti-Discrimination Act 1991 (Qld) complaint or a Fair Work general protections claim runs in a separate forum to a workers’ compensation claim under the WCRA. The remedies differ: damages and orders versus statutory benefits and common law damages. We coordinate the proceedings so evidence is consistent and so settlement of one does not undercut the other.
Guides that go further.
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Bullying
Workplace Bullying Made Me Sick: How to Claim for Psychological Injury
When bullying becomes a compensable psychological injury, what has to be shown, and the reasonable management action defence.
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Psychological injury
Mental Health Claims in the Workplace: Legal Pathways for Psychological Injuries
How a psychological injury from work is claimed in Queensland, and the medical evidence it needs.
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.