In Queensland, if you have suffered injury at work, you are entitled to make a workers’ compensation claim. Every employee is covered by workers’ compensation insurance.
The first step is to lodge an application for compensation. In most cases this application is lodged with WorkCover Queensland. (Some employers have a different workers’ compensation insurer, but your rights are the same.
After you have lodged an application for compensation, WorkCover will pay your weekly wages and your medical bills.
Later in the process you can make a further claim. It’s called a common law claim. This will allow you to receive extra financial compensation for pain and suffering, past and future income loss, lost superannuation, future surgery costs and more.
Frequently asked questions
What happens after WorkCover accepts the claim?
If Workcover accepts your workers compensation claim then it will start paying your weekly wages. Your weekly wages are calculated based on your earnings in the 12 months before the injury. It includes your wages, regular overtime, higher duties, penalty rates and certain allowances. This is called your weekly compensation payment. Weekly wages do not include, for example, travel, meal, relocation allowances, super, accrued holidays.
WorkCover will also pay your medical expenses, including the costs of any necessary surgery. It’s important to understand that you have the right to use your own doctor. You may be required to undergo a rehabilitation program. For example, if you suffered spinal injuries, you may need to undergo physiotherapy sessions. WorkCover may nominate a provider for this. But if you are not happy with them, you can request a change and in most cases this can be arranged.
What happens if WorkCover wants to end my claim?
WorkCover will end your payments when:
- you return to work
- your injuries won’t improve anymore (see our guide on Independent Medical Examination)
- you receive the maximum amount of weekly compensation
- you retire
We have a more detailed article on what to do if WorkCover wants to end your claim which you can access here.
What is a WorkCover Queensland IME?
There comes a time in your claim when WorkCover sends you to an Independent Medical Examination. The IME is performed by a specialist. WorkCover chooses the specialist – this will be different from your treating doctor/surgeon.
You will be sent for an IME for one of two reasons. Firstly, if your treating doctor or specialist thinks you need surgery, then before WorkCover agrees to fund the cost, it will ask the IME specialist whether the surgery is really necessary. Secondly, after a while WorkCover will want to know if your condition has reached the stable and stationary stage. Stable and stationary doesn’t mean you have recovered, it just means that your condition won’t improve. It also means WorkCover can close your claim and get you off the books.
If the specialist believes your injuries are stable and stationary, they will advise WorkCover about your degree of permanent impairment. For example, they might say your degree of permanent impairment is 11%.
What is a Notice of assessment?
After the IME, if your condition is deemed stable and stationary, WorkCover will give you a Notice of Assessment. (If they don’t, you can ask for this.) If you have suffered a degree of permanent impairment, WorkCover will offer you a lump sum compensation amount. We recommend that you seek legal advice before deciding to accept the lump sum compensation amount.
In most cases, if you accept the lump sum compensation amount, you lose your right to make a common law claim for damages. A common law claim for damages may get you much more than what WorkCover offers in the Notice of Assessment.
WorkCover says my injury is an aggravation. What does this mean?
Sometimes Workcover will accept your claim as an aggravation of a pre-existing condition. What does this mean? Let’s say a couple of years ago you injured your back. That injury did not completely resolve. Let’s assume that you have now injured your back at work again. The new injury has worsened your initial injury. This is called an aggravation.
If your aggravation happens at work, you are entitled to workers compensation. However, WorkCover will only pay your medical bills and compensation to the extent that these relate to the aggravation. In practice, it is often very difficult to determine what is the original injury and what is the aggravation.
Free book offer – WorkCover Claims
If you’ve been injured at work, understanding your rights and the WorkCover process can be overwhelming.
Our free book, Unpacking Your WorkCover Queensland Claim, gives you clear, practical guidance. It covers your rights, key time limits, impairment assessments, common law claims, and costs.
You don’t need to be a client to receive a copy.
Every client and case is unique—we’re here to help you make the right legal decisions.
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