Experts In Workers Compensation

Workers’ Compensation Claims in Queensland

If you have sustained an injury in a Queensland workplace, you may have rights under the Workers’ Compensation and Rehabilitation Act 2003 (Qld). This statutory system provides for medical expenses and lost wages for individuals unable to work due to a work-related injury or illness. Kare Lawyers assists individuals in understanding their rights and navigating the procedural requirements of the WorkCover Queensland claims process.

What is covered?

The Queensland scheme is a government-regulated insurance system. Depending on the circumstances, benefits may include:

  • Statutory Expenses: Coverage for reasonable medical, surgical, and rehabilitation costs.
  • Weekly Payments: Compensation for lost wages if a doctor determines you are unfit for work.
  • Lump Sum Compensation: An offer of compensation if a workplace injury results in a degree of permanent impairment.
  • Common Law Claims: In certain circumstances, if employer negligence can be established, an individual may be entitled to pursue a common law claim for damages.

How to Lodge a Claim

The Workers’ Compensation and Rehabilitation Act 2003 (Qld) sets out specific timeframes and steps for lodging a claim:

  1. Report the injury: Notify your employer as soon as practicable.
  2. Medical Assessment: See a doctor and obtain a workers’ compensation medical certificate.
  3. Lodge with Insurer: Submit your claim to WorkCover Queensland or the relevant self-insurer.
  4. Decision: The insurer will determine liability, usually within 20 business days.

If you have an active WorkCover Queensland claim, you may receive a Notice of Assessment that includes an offer of a Lump Sum Payment for permanent impairment.

Please be aware: Under the Workers’ Compensation and Rehabilitation Act 2003 (Qld), accepting a lump sum offer for an injury with a Degree of Permanent Impairment (DPI) of less than 20% usually results in the permanent loss of your right to pursue a Common Law Claim for damages.

Before responding to a Notice of Assessment, it is important to understand:

  • The difference between statutory lump sums and Common Law damages.

  • How accepting an offer affects your ability to claim for future loss of wages or ongoing medical care.

  • The strict timeframes involved in responding to a Notice of Assessment.

We provide factual legal advice to help you understand these statutory requirements before you make a final decision.

In addition to statutory benefits (such as WorkCover weekly payments or CTP medical cover), you may be entitled to pursue a Common Law Claim for damages.

A Common Law claim is different from a statutory claim because it requires proving that the injury was caused by the negligence or fault of another party (such as an employer or another driver).

Potential Heads of Damage Under Common Law, the court assesses damages based on statutory scales, which may include:

  • Future Economic Loss: Compensation for the impact on your ability to work until retirement age.

  • General Damages: An amount for pain, suffering, and loss of amenity.

  • Future Medical Expenses: Provisions for ongoing treatment and surgery required over your lifetime.

  • Gratuitous Care: Compensation for help provided by family members if specific thresholds are met.

The Importance of the “Notice of Claim” To protect your right to a Common Law claim, you must lodge a formal Notice of Claim (Version 7) within strict time limits—generally three years from the date of the injury. Failure to lodge this notice correctly can result in the loss of your right to seek damages.

Why Choose Kare Lawyers?

Our practitioners provide factual legal guidance throughout the claims process. We offer:

  • Legal Advice on Statutory Rights: Helping you understand the operation of the law of negligence in Queensland.

  • Speculative Fee Arrangements: We offer “no win, no fee” arrangements in accordance with the Legal Profession Act 2007 (Qld).

  • Management of Procedural Steps: Handling the mandatory conferences and mediation required before a matter can proceed to litigation.