How To Make a WorkCover Claim in Queensland
At AX Compensation Lawyers, we help injured workers navigate the WorkCover system, ensuring they understand their rights and receive fair compensation.
What is Workers’ Compensation?
Workers’ compensation is a mandatory insurance scheme that provides financial and medical benefits to employees injured at work. In Queensland, most claims are processed through WorkCover Queensland. Some large employers are self-insured and manage claims independently.
The Support You Need
We believe everyone should have access to quality legal help, regardless of finances. That’s why we offer a No Win, No Fee arrangement: you won’t pay our legal fees unless we secure compensation on your behalf.
What Am I Entitled to Under WorkCover - Workers’ Compensation
Workers’ compensation in Queensland operates on a no-fault basis, meaning you don’t need to prove your employer was negligent to make a claim. If you’ve been injured at work or become unwell because of your job, you may be entitled to support.
This support is designed to ease the impact of your injury and help you recover — whether that’s through financial assistance, medical care, or help returning to work
What can a WorkCover claim include?
- Weekly income support – A percentage of your usual wages if you can’t work.
- Medical expenses – Doctor visits, hospital care, surgery, physiotherapy.
- Rehabilitation and treatment costs – Medications, specialist consultations, ongoing care.
- Workplace modification or return-to-work support.
- Travel expenses – Reimbursement for medical-related travel costs.
- Lump sum payment – If your injury results in permanent impairment.
How AX Compensation Lawyers Can Help
“Our role is to make sure you have access to everything you are legally entitled to, allowing you to move forward with confidence.”
We work alongside you to ensure you receive fair compensation for your injuries and your future.
Dealing with a WorkCover claim can feel overwhelming, especially when you are focused on your recovery. Our team offers:
Obligation Free Consultation
No Win, No Fee legal services*
Guidance through every step of the process
Support in disputing rejected claims
Expertise in pursuing common law claims
How To Make A Workers' Compensation Claim
At AX Compensation Lawyers, our objective is not just to simplify the claims process, but to help you focus on your recovery while ensuring you are fully aware of your legal entitlements. We work to secure the best possible support for your future, whether that includes medical treatment, financial compensation, workplace adjustments, or ongoing rehabilitation.
AX Compensation Lawyers can assist with reviewing denied claims and lodging disputes where necessary.
STEP 1: Report Your Injury to Your Employer
Under Queensland law, you must notify your employer about your injury as soon as possible. When reporting your injury, you should;
- Verbally or in writing to your supervisor.
- Completing an internal incident report.
- Notifying the HR or safety officer.
Reporting your injury early helps create an official record, strengthening your claim if symptoms worsen over time.
STEP 2: Seek Medical Treatment & Obtain ...
To proceed with a WorkCover claim, you must see a doctor and obtain a Work Capacity Certificate. The Work Capacity Certificate Must Include:
- Details of the injury and work restrictions.
- Medical assessment of your ability to work.
- Treatment recommendations.
- Recommended time off work.
Your doctor can submit this directly to WorkCover Queensland, or you can include it with your claim.
STEP 3: Lodge Your WorkCover Claim
Before you submit your claim, ensure you have gathered all the necessary documentation and details related to your injury. Acting promptly can help secure your entitlements and support your recovery. You can lodge a WorkCover claim through:
- The WorkCover Queensland website.
- A phone application with WorkCover.
- A printed form sent by mail.
Information Required for Your Claim:
- Personal and employment details
- Details of the injury and how it occurred.
- Work Capacity Certificate and medical reports.
Timeframe for Lodging a Claim:
- Claims must be lodged within six monthsof becoming aware of the injury.
- Exceptions may apply for long-term work-related illnesses.
STEP 4: WorkCover’s Decision & Next Steps
Once you’ve lodged your claim, WorkCover reviews all the details to determine your eligibility for benefits. WorkCover will assess the claim based on:
- Whether the injury is work-related
- Medical evidence supporting the claim
- Employer feedback (if requested)
If approved, you may receive weekly payments, medical coverage, and rehabilitation support.
If rejected, you have the right to dispute the decision through a review.
AX Compensation Lawyers can assist with reviewing denied claims and lodging disputes where necessary.
Statutory vs Common Law WorkCover Claims in Queensland
When you suffer a workplace injury in Queensland, you may be entitled to compensation through WorkCover Queensland or a self-insurer. There are two main types of claims: statutory claims and common law claims. Understanding the difference is crucial to determining your legal options.
What Is a Statutory WorkCover Claim?
A statutory claim is the first stage of a WorkCover claim and operates on a no-fault basis. This means that you do not need to prove your employer was negligent to receive benefits. WorkCover Queensland (or your employer’s self-insurer) provides financial and medical support, including:
- Wages compensation if you are unable to work due to your injury.
- Medical and rehabilitation costs to aid your recovery.
- Return-to-work support to help transition back into employment.
Statutory benefits continue until either:
- You are deemed fit to return to work, or
- Your injuries are considered “stable and stationary”, meaning they are unlikely to improve further with treatment.
Once your statutory claim ends, WorkCover may provide a lump sum compensation offer based on your level of permanent impairment. Accepting this lump sum may impact your ability to pursue a common law claim, so legal advice is essential before making a decision.
What Is a Common Law WorkCover Claim?
A common law claim allows you to seek additional compensation if your injury was caused by your employer’s negligence. Unlike statutory claims, common law claims require you to prove that your employer (or someone acting on their behalf) failed in their duty of care, resulting in your injury.
A successful common law claim can provide compensation for:
- Past and future loss of earnings
- Pain and suffering
- Ongoing medical and care expenses
The process begins after you receive a lump sum offer from WorkCover or a self-insurer. If you choose to pursue a common law claim, you must reject the lump sum offer in most cases. Common law claims are more complex and require legal expertise to build a strong case demonstrating employer negligence.
Which Type of Claim Is Right for You?
Every case is different, and the decision to pursue a statutory or common law claim depends on your individual circumstances. Seeking legal advice early ensures that you understand your rights and do not inadvertently limit your compensation options.
At AX Compensation Lawyers, we guide you through each stage of the WorkCover process, ensuring you receive the compensation you are entitled to under Queensland law.
Choose Your Consultations
We understand that after an injury, it’s not always easy — or even possible — to attend a legal consultation in person. That’s why we offer flexible options to ensure you can get the support you need in a way that suits your circumstances. Whether you’re recovering at home or prefer to speak remotely, we’re here to help you take the next step
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Check If You Qualify
Not sure if you qualify for compensation? Our free claim check offers a quick, no-obligation assessment—whether it’s a workplace injury (WorkCover), a motor vehicle incident (CTP), or a TPD claim. We’ll explain your options and guide you on the next steps—no strings attached.
Frequently Asked Questions About WorkCover Claims
Do I have a viable WorkCover claim?
Once a claim has been submitted, WorkCover will consider:
- Has the claim been made within the right timeframe?
- Was the injured person a “worker” at the time of the injury?
- Did the injured person suffer an injury arising out of, or in the course, of their employment?
- Was their work the significant contributing factor to their injury (i.e. a large cause)?
- If the claim is for a psychological injury, did the injury arise due to reasonable management action taken in a reasonable way (i.e. managing performance, investigating complaints)?
If you are unsure about your eligibility for a WorkCover claim, seeking legal advice can help you understand your rights and the best course of action.
Is my employer required to personally pay any damages if my WorkCover claim is successful?
It is mandatory for all employers in Queensland to have workers compensation insurance. Employers pay for this through their insurance premiums, similar to car insurance covering accident claims.
If the accident causing my injury was my fault, can I still make a WorkCover claim?
Yes, you may still be eligible for a WorkCover claim. Queensland’s WorkCover system operates on a no-fault basis, meaning that work-related injuries are covered even if you contributed to or caused the accident.
However, if you caused or contributed to the injury, you may be precluded from pursuing a further common law compensation claim.
How long will it take to start receiving my WorkCover – Workers Compensation payments?
Timeframes vary depending on the complexity of your injury and the type of claim you are making. For WorkCover statutory claims
- WorkCover aims to approve or deny claims within 20 business days.
- Payments for medical treatment and wage replacement start soon after approval.
- Some straightforward claims may be resolved within a few months, but this depends on factors such as medical treatment requirements and return-to-work plans.
- In cases where ongoing treatment, rehabilitation, or disputes arise, claims may remain open for an extended period.
Why time is an important factor in assessing WorkCover claims?
It is crucial to allow enough time to fully assess the extent of your injuries.
Some injuries may not be immediately obvious, and their full impact may only become clear after further medical assessment, scans, or specialist reviews.
If an injury is assessed too early, it may not reflect the long-term effects, ongoing treatment needs, or potential permanent impairment.
Delaying finalising a claim too soon can sometimes result in compensation that does not fully account for the true impact of your injuries.
Each case is different, and delays can occur due to medical assessments, employer responses, and WorkCover investigations. If your claim is taking longer than expected, AX Compensation Lawyers can assist in ensuring it is progressing correctly and that your injuries are properly evaluated before any settlement is finalised.
What happens if I can’t return to work after a work-related injury?
If your injury prevents you from returning to work, you may be entitled to ongoing support through statutory benefits in the short term. In some cases, you may also be eligible to pursue a common law damages claim if your injury was caused by employer negligence.
A successful common law claim may include compensation for:
Loss of future income
Loss of future earning capacity
Loss of future superannuation contributions
Whether you can pursue a common law claim depends on your individual circumstances — including your level of permanent impairment and any lump sum offers you’ve received. We strongly recommend getting legal advice before accepting any lump sum, as this may affect your rights.
Can I claim WorkCover if I was injured outside my usual workplace?
Yes, you may still have a claim if your injury occurred:
- While travelling for work purposes (e.g., meetings, site visits).
- During a work-related event or function.
- While performing duties outside your normal workplace at the request of your employer.
- Whilst working in a labour hire arrangement
Each case is different, so it is advisable to speak with a personal injury lawyer who will be able to guide you with legal advice can help determine your eligibility.
What if WorkCover denies my claim?
If an injured worker’s claim is not accepted, they have the right to seek an independent review of the decision by the Workers’ Compensation Regulator. The worker must lodge their application for review within three (3) months of the decision.
Due to the legal complexities and strict timeframes involved in review applications, we recommend that any such worker seek legal advice immediately if their workers’ compensation claim is rejected.
AX Compensation Lawyers specialise in WorkCover disputes and can help appeal unfair decisions.
Does WorkCover cover psychological injuries?
Yes, but psychological injury claims often face higher scrutiny.
- You must prove that your condition is work-related (e.g., caused by bullying, trauma, or work stress).
- WorkCover may request additional information or assessments before approving a claim.
AX Compensation Lawyers can assist with psychological injury claims to ensure your rights are protected.
Can I choose my own doctor for my WorkCover claim?
Yes, you can choose your treating doctor. However, WorkCover may require you to attend additional medical assessments with their approved doctors.
- Your doctor should be experienced in handling WorkCover claims to ensure proper documentation.
- If WorkCover disputes your medical evidence, AX Compensation Lawyers can assist in challenging their decision.
What do I do if my employer wants to attend my doctor’s appointment?
In most cases, medical appointments — including those related to your WorkCover claim — are private. Your employer does not have a right to attend unless you provide consent.
If your employer or their representative has asked to attend your appointment, it’s important to seek legal advice before agreeing. You are entitled to confidentiality when discussing your medical condition, treatment, and recovery.
In some circumstances (such as return-to-work planning), your employer may request information from your doctor — but that should happen through a formal process and with your consent, not by attending the appointment directly.
What if my employers ask me not to submit a WorkCover – worker compensation claim
As an employee, you have the right to submit a WorkCover claim if you are injured as a result of your employment. If your employer asks you not to submit a claim you should consult a lawyer for legal advice.
What if my employer won’t have me back to work or provide light duties during my WorkCover claim.
Your employer is only responsible to provide suitable duties if they exist. If they do not exist WorkCover may place you with a host employer to perform your light or suitable duties
Can my employer fire me as a result of my injury?
By law, employers cannot terminate your employment on the basis of your injuries within 12 months.
Ready to Discuss Your Claim?
At AX Compensation Lawyers, we provide compassionate support and expert legal representation to individuals injured in accidents across Queensland. Our dedicated team is committed to helping clients navigate the personal injury claims process with confidence and peace of mind.
