Workplace Injuries and Workcover- Facts about making a claim against your employer that you may not know

Last updated on September 14th, 2023 at 11:14 am

In making a claim against your employer, it is important to understand how the workers’ compensation system works in Queensland.

Your first step should be to claim through WorkCover

In the event that you suffer a workplace place injury, you are required to first make a statutory worker’s compensation claim. The process of making a statutory claim for workers’ compensation starts with completing a claim form. These claims are usually made through Workcover Queensland, as they are the most common workplace insurer in Queensland.

If you’re worried about your employment if you were to file a workers’ compensation claim, you can read our guide here to help you understand how you can protect your rights.

Typically most injured workers complete this initial claim process on their own before acquiring the assistance of a lawyer. Often an injured worker will complete this step by reporting the injury to their doctor, employer, and Workcover. However, some workers fail to report their injury to their employer if they are unaware that the injury they sustained is considered a workplace injury.

A workplace claim may cover more than just your normal workplace

Many workers are unaware that a workplace claim is not limited to an injury-sustained onsite at their usual workplace. A workplace claim may extend to injuries sustained whilst engaged in any work-related activity. This includes driving to and from work as well as travel conducted because of work. A workplace claim can be made for an injury that occurred away from your workplace if you were required to work offsite or were injured during the course of your employment. In the event that you were injured engaging in any work-related activity, regardless of the location, you may be eligible to make a workers’ compensation claim.

To read more about your rights if you’re injured at work, read our guide here.

Time limits to WorkCover claims apply

It is important to note that there are time limits in commencing a workers’ compensation claim. To commence a statutory workers’ compensation claim in Queensland you usually have to notify your employer of the injury within 30 days of the injury. You will then have 6 months to lodge a statutory workers’ compensation claim. These time limits are general and relevant to Queensland. Each State has a different process and timeline for making a workers’ compensation claim. Each compensation claim is unique and may be subject to different time constraints, for example, public servants fall into a separate category and would therefore require different advice. It is important to understand that each claim is different therefore; advice or clarification should be sorted and made on a case-by-case basis.

You may be able to claim for psychological and physical injuries

Workers’ compensation claims may be made for psychological and physical injuries. In the event that you sustained both a physical and psychological injury, you are not required to make two separate claims against your employer. A single claim can be made for a physical or psychological injury or both, as long as the injury was sustained during the course of your employment. The injuries don’t need to have been sustained through one incident or accident. However, if you have suffered a physical injury and psychological injury from the one incident then this will give rise to a few additional rules. The functions in this claim process can be complicated and you would want to consider obtaining advice in this respect.

It is important that workers are made aware of any relevant facts in making a claim for workers’ compensation so they can make an informed decision on whether they wish to make a personal injury claim. To make such a decision, a worker should be aware of their rights when it comes to claiming compensation and should seek legal advice from a worker’s compensation lawyer when required.

For more information about your rights in the event of a workplace injury, feel free to contact our team for a free consult at 07 3879 1644