QLD Work Injuries

Work Injury Claims

Qld Workers Compensation

When you are injured on the job or on your way to or from work, as a Queensland worker you can apply for and receive workers compensation benefits.

Often referred to as “statutory compensation” the benefits usually paid consist of wages while off work, payment of approved medical assistance and rehabilitation.

If your injury leaves you with a permanent impairment, you may be offered a lump sum payment as well.

If it can be established that your employer was negligent in causing your injury or illness then you also have the right to claim common law damages.

Self -Insurers and WorkCover are required to assess and manage all claims in accordance with the rules set out in the Workers Compensation and Rehabilitation Act 2003.

We can assist and advise you about:

  • the legal consequences of an impairment assessment and lump sum offer
  • disputing a decision to reject or cease an application for compensation
  • making a common law/negligence claim relating to a work injury

Reviews and Appeals

As an injured worker any disputes you may have with an insurers’ decision regarding a claim can be reviewed by the Workers Compensation Regulator or by the Industrial Relations Commission or Industrial Court.

Common Law / Negligence Claim

There are timeframes that can prevent you from making a common law claim for damages arising from your employer’s negligence so it is important to obtain legal advice and guidance as soon as possible.

Proving an employer is negligent is not an easy thing to do and strict timeframes apply so it is advisable to seek legal advice and assistance in investigating and preparing a common law claim as soon as possible after the injury is sustained. Rest assured that the employer and their insurer have already begun to investigate your potential claim before you have even fully recovered.

Notice of Assessment

If you disagree with the level of injury impairment made when you receive a Notice of Assessment and lump sum offer, you can challenge the assessment. There are timeframes for challenging the assessment and so it is important if a Notice of Assessment is issued by a worker’s compensation insurer that you immediately obtain legal advice.

Time Frames

With anything legal there are time frames for when to apply for things and for when to dispute things.

Important timeframes for Workers Compensation and negligence claims in Queensland are:

Application

  • 6 Months
    • From date of Injury to apply for workers compensation statutory benefits.
    • It is advisable to put your application in within one month of the injury. If you are late we suggest you get some legal advice before submitting your application – sometimes a late application can be accepted.

Review

  • 3 Months
    • From date of receipt of insurer’s decision to lodge a review to the Regulator, if you disagree with a decision to either reject your application or to stop paying benefits.

Appeal

  • 20 business days
    • From date of the Workers Compensation Regulators’ review decision, to file an Appeal to the Industrial Relations Commission disputing the decision about the acceptance or rejection of a claim or the cessation statutory benefits.

Notice of Assessment

  • 20 business days
    • From receipt of a Notice of Assessment to disagree with an impairment assessment about your work injury.

Negligence Claim

  • 3 Years
    • From date of injury to commence a common law claim for damages as a result of the negligence of your employer in causing your injury.
  • 1 Year
    • If you have an injury that is sustained over time or a latent onset injury like occupational cancer, an asbestos related illness or even a cumulative injury like repetitive strain, you must commence the claim within 1 year of your medical diagnosis or in some cases, the onset of symptoms.
    • If this is you, we would encourage you to seek immediate legal advice from an Accredited Specialist as over time injuries are complex and the time frames that apply are very tight.