Have any questions? Call us: Written by Carter Capner Law
Updated on July 18, 2024Workplace injuries can turn your world upside down, leaving you in pain, out of work, and facing a mountain of medical bills. But you have rights. This guide is your roadmap to understanding workers’ compensation – what you can claim, how to claim it, and how to get back on your feet.
Immediate Steps After a Workplace Injury
If you’ve been injured at work, follow these steps to ensure you’re protected and set up for a successful compensation claim:
Report the Injury
Seek Medical Attention
Lodge a Claim
- WorkCover QLD: Visit their website to access the online application form and submit your claim.
- Your Employer: Some employers may have internal procedures for lodging claims. Consult with them to understand the process.
- Legal or Advocacy Services: If you need assistance or have complex circumstances, consider seeking advice from legal professionals or advocacy groups specializing in workers’ compensation.
Maintain Records
What Constitutes a Workplace Injury? (More Than You Think!)
Workplace injuries aren’t just broken bones and burns. You might be surprised to learn what qualifies:
| Type of Injury | Examples | Details |
|---|---|---|
| Physical Injuries | Cuts, fractures, burns, hearing loss | These include any physical harm sustained during work activities, such as using machinery, slips, trips, falls, or prolonged exposure to loud noise. |
| Mental Health Conditions | Depression, anxiety, PTSD | Mental health issues can arise from workplace stress, trauma, bullying, or harassment. According to Safe Work Australia, work-related mental health conditions are a serious concern. (Source) |
| Occupational Diseases | Asbestosis, lung diseases, infections | Diseases contracted due to the work environment, such as exposure to harmful substances. For example, asbestosis is common in construction and mining industries. |
| Aggravated Pre-Existing Conditions | Worsened old injuries | If your job exacerbates a pre-existing condition, you may be eligible for a claim. This includes repetitive strain injuries or worsening of chronic conditions. |
| Fatal Injuries | Death | Workplace fatalities can occur due to accidents, exposure to harmful environments, or severe health conditions. Family members may claim compensation. |
What Are My Entitlements After a Workplace Injury?
If you’re injured at work, workers’ compensation isn’t just about medical bills. It’s about safeguarding your financial well-being and ensuring you have the support you need to recover. Here’s what you may be entitled to claim:
| Type of Compensation | Details |
|---|---|
| Lost Wages (Weekly Benefits) |
Refer to the WorkSafe Queensland website for detailed calculation and maximum amounts: WorkSafe Queensland |
| Medical Expenses | Workers’ compensation covers all “reasonable and necessary” medical costs related to your workplace injury. This can include doctor visits, hospital stays, surgery, medication, physiotherapy, chiropractic care, medical equipment, and travel expenses to and from medical appointments. There is no specific monetary limit on these expenses, but they must be deemed reasonable and necessary by WorkCover Queensland. |
| Travel Expenses | WorkCover Queensland may reimburse travel expenses for medical treatment related to your work injury. The current rate is $0.78 per kilometer (as of July 2024). Other transport costs may also be covered, such as public transport fares or taxi fares if medically necessary. |
| Care and Support Services | The amount of compensation for care and support depends on your assessed needs and the type of care required. It can include payments for professional caregivers, assistance from family members, or home modifications to accommodate your needs. There may be weekly or lump sum payments available. While there’s no set limit, the costs must be deemed reasonable and necessary by WorkCover Queensland. |
| Lump Sum Payments for Permanent Impairment | The amount of the lump sum payment is based on the degree of your permanent impairment, as assessed by a doctor approved by WorkCover Queensland. The impairment is rated on a scale of 0-100%, and each percentage point is assigned a monetary value. The total lump sum is calculated by multiplying the percentage of impairment by the monetary value per point. The maximum lump sum compensation for permanent impairment in Queensland is $649,950 (as of 1 January 2024). |
| Death Benefits | In the case of a work-related death, the deceased worker’s dependents may be entitled to:
|
To get a more general understanding of what your claim is worth, we have a compensation payout calculator available.
Important Note: The specific benefits and compensation amounts available to you may vary depending on your location, the nature of your injury, and the applicable workers’ compensation laws. It’s always best to consult with a legal professional or specialist advisor to fully understand your entitlements and ensure you receive the maximum compensation you deserve.
Time Limits for Workers’ Compensation Claims in Queensland
Understanding the time limits for filing a workers’ compensation claim in Queensland is crucial to protect your rights and ensure you can access the benefits you deserve.
General Time Limit
The standard time limit for lodging a workers’ compensation claim with WorkCover Queensland is six (6) months from the date of injury.
Important: This six-month time frame starts from the earlier of:
- The date of the injury (the act or omission that caused the injury), OR
- The date you first became aware of the injury (when you first knew or ought to have known about the injury).
Statute of Limitations for Common Law Claims
If you wish to pursue a common law claim against your employer for negligence (in addition to your workers’ compensation claim), you generally have three (3) years from the date of the injury to lodge a Notice of Claim for Damages with WorkCover.
Exceptions to the Time Limits
There are specific circumstances where the time limits can be extended or don’t apply:
| Type of Claim | Time Limit | Details | Source |
|---|---|---|---|
| Workers’ Compensation Claim | 6 months | From the date of injury or the date of first awareness. However, WorkCover Queensland has the discretion to waive this time limit in exceptional circumstances, especially if there are compelling reasons for the delay, such as medical reasons. | Workers’ Compensation and Rehabilitation Act 2003 (Qld) s.131 |
| Minors | Up to 3 years after turning 18 | For individuals under 18, the time limit for lodging a common law claim (but not a standard workers’ compensation claim) extends until three years after their 18th birthday. | Limitation of Actions Act 1974 (Qld) s. 29 |
| Mental Incapacity | No time limit while incapacitated | If the injured person is mentally incapacitated, the time limit may not start until they regain capacity or a litigation guardian is appointed. | Workers’ Compensation and Rehabilitation Act 2003 (Qld), Limitation of Actions Act 1974 (Qld) |
| Fraud or Concealment by Employer/Insurer | No time limit while concealed | If the employer or insurance provider fraudulently concealed the injury, preventing the injured person from becoming aware of their rights, the time limit may not start until the concealment is discovered. | Workers’ Compensation and Rehabilitation Act 2003 (Qld) s. 275 |
| Late diagnosed injury | Variable – depends on circumstances | In cases where an injury isn’t diagnosed until much later, the “date of discovery” principle may apply, meaning the time limit starts when the injury is diagnosed, not when it occurred. This often applies to occupational diseases. | Workers’ Compensation and Rehabilitation Act 2003 (Qld), King v WorkCover Queensland [2015] QSC 35 |
| Death | 6 months from the date of death (dependent’s claim) | This applies to dependents making a claim for death benefits following a work-related fatality. | Workers’ Compensation and Rehabilitation Act 2003 (Qld) s.131 |
Key Takeaway
Don’t delay in reporting your injury and seeking medical attention. Early action is crucial to protect your rights and ensure timely access to the benefits and compensation you deserve. If you have any questions or concerns about time limits, it’s strongly recommended to consult with a legal professional specializing in workers’ compensation law. They can provide personalized advice based on your specific circumstances.
Conclusion
Workplace injuries can drastically alter your life, impacting your health, your ability to work, and your financial stability. However, understanding your rights and the process of claiming workers’ compensation can help you regain control. By promptly reporting your injury, seeking immediate medical attention, and navigating the compensation claim process with the help of legal professionals if needed, you can ensure that you receive the support and compensation you deserve.
Don’t let the complexities of the workers’ compensation system deter you from seeking the benefits to which you are entitled. Whether it’s recovering lost wages, covering medical expenses, or securing care and support services, knowing the steps and time limits involved is crucial. Remember, early action and informed decisions are key to a successful claim. If you have any doubts or need guidance, don’t hesitate to consult with a specialist in workers’ compensation law to protect your rights and secure your future.