Do I need a lawyer for a workers compensation claim?

While it is not mandatory to have a lawyer, legal advice can assist you to understand your rights, gather evidence, manage communications with the insurer and navigate the claims process.

What if my employer doesn't have workers' compensation insurance?

Employers in Queensland are required by law to hold workers' compensation insurance or be approved as self-insurers. If an employer is uninsured, a worker may still be able to make a claim through the Nominal Insurer managed by WorkCover Queensland. We can assist you to navigate this process and advise on any additional legal options.

Can I claim for psychological injuries?

Psychological injuries may be compensable under Queensland workers' compensation law where they are work-related and meet the statutory criteria. These claims can be complex and usually require medical evidence linking the condition to employment. Certain exclusions may apply, including where the injury arises solely from reasonable management action taken in a reasonable way.

Will I lose my job if I make a workers' compensation claim?

Queensland law provides protections for workers who make compensation claims. In many cases, an employer cannot dismiss a worker solely because of their injury within the protected period, and adverse treatment may raise legal issues. If you experience workplace problems after making a claim, we can advise you on your options.

What if my claim is rejected?

If your workers' compensation claim is rejected, you may be able to seek a review of the decision. This can involve an internal review by the insurer, an application to the Workers' Compensation Regulator, or proceedings in the Queensland Industrial Relations Commission.

How much compensation am I entitled to?

The amount of compensation depends on several factors, including your earnings, the nature and severity of your injury, the degree of permanent impairment and your capacity for work.

Workers Compensation

Workers' Compensation Lawyers Brisbane

If you have been injured at work or developed a work-related illness, you may be eligible for compensation. Our Brisbane-based lawyers assist clients across Queensland to navigate the claims process and pursue the benefits available under Queensland law.

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What is Workers' Compensation?

Workers' compensation in Queensland is a compulsory insurance system that may provide financial and medical benefits to employees who suffer work-related injuries or illnesses. The scheme is administered primarily through WorkCover Queensland and approved self-insurers, and is designed to support injured workers during their recovery and return to work.

Under the Workers' Compensation and Rehabilitation Act 2003 (Qld), Queensland employers are required to hold workers' compensation insurance or be approved as self-insurers. This coverage applies across all industries, from construction and manufacturing to office work and healthcare.

Types of Workplace Injuries We Handle

Physical Injuries

Back and spinal injuries
Broken bones and fractures
Burns and lacerations
Repetitive strain injuries (RSI)
Hearing loss
Workplace accidents

Occupational Illnesses

Psychological injuries (stress, anxiety)
Occupational lung diseases
Skin conditions
Asbestos-related diseases
Gradual process injuries
Disease caused by work exposure

What Compensation Can You Claim?

Weekly Income Payments

You may be entitled to weekly payments if your injury affects your ability to work. These payments are generally based on your pre-injury earnings and your work capacity, and may continue while you remain eligible under the workers' compensation scheme.

Medical and Rehabilitation Expenses

Workers' compensation may cover reasonable and necessary medical treatment related to an accepted workplace injury, including doctor visits, physiotherapy, specialist consultations, surgery, medications and rehabilitation services.

Lump Sum Compensation

If your injury results in permanent impairment, you may be eligible for a lump sum payment. The degree of permanent impairment is assessed under Queensland workers' compensation legislation by an authorised medical assessor and, in some cases, may be reviewed by the Medical Assessment Tribunal.

Common Law Damages

In certain circumstances, if employer negligence can be established, you may be able to pursue a common law claim for additional compensation, which can include pain and suffering, loss of earning capacity and other economic loss.

The Workers' Compensation Claims Process

Step 1: Report Your Injury
Notify your employer of your workplace injury or illness as soon as practicable. Your employer should record the injury and can assist with providing the necessary claim information.
Step 2: Seek Medical Treatment
Get medical attention as soon as possible and keep records of all medical appointments, diagnoses, and treatment plans. These documents are crucial for your claim.
Step 3: Lodge Your Claim
Complete a workers' compensation claim form and submit it to the relevant insurer (usually WorkCover Queensland or a self-insurer). The insurer will then review the claim and gather any required information.
Step 4: Claim Decision
The insurer is generally required to decide your claim within 20 business days after receiving it, although additional information may sometimes be requested. If the claim is accepted, compensation payments may commence. If it is declined or disputed, we can assist you in reviewing or appealing the decision.
Step 5: Ongoing Support
Continue treatment and rehabilitation as recommended by your medical providers. We can assist you throughout the process to help you understand your rights and pursue the benefits available under the workers' compensation scheme.

How Our Lawyers Can Help

Our team can guide you through the workers' compensation scheme, helping you understand the process and the support available throughout your claim:

Claim preparation and lodgement

We assist with preparing your claim and completing the required forms to help ensure they are submitted correctly and on time.

Dealing with insurers

We liaise with WorkCover and/or the self-insurer to facilitate the progress of your claim.

Medical evidence gathering

We help obtain medical evidence and reports needed to support your claim.

Appeals and disputes

If your claim is declined or disputed, we can assist you with reviews, appeals or further legal steps.

Common law claims

We assess whether you may have a common law claim and assist in pursuing additional compensation where appropriate.

No Win, No Fee

We offer No Win, No Fee arrangements for eligible matters, meaning you generally do not pay our legal fees unless your claim is successful. Conditions apply.

Important Time Limits

Time limits apply to workers' compensation claims in Queensland, and it is important to act promptly:

Claim lodgement: Workers are generally expected to lodge a claim as soon as practicable after the injury or becoming aware of a work-related illness. While legislation refers to a 6-month period, late claims may still be accepted in some circumstances.
Common law claims: If employer negligence is involved, a common law claim is generally subject to a 3-year limitation period from the date of injury, although exceptions can apply.
Claim decision: The insurer is generally required to decide a workers' compensation claim within 20 business days after receiving it, although additional information may sometimes be requested.

Because time limits can vary depending on the circumstances, we recommend seeking legal advice as soon as possible to help protect your rights and understand the applicable deadlines.

Frequently Asked Questions

Serving clients across South East Queensland

We act for clients throughout the region. Find local representation near you:

Get Help With Your Workers' Compensation Claim

Our Brisbane-based lawyers assist clients across Queensland to manage their claim and pursue available compensation. No Win, No Fee for eligible matters. Terms and conditions apply.