Workers' compensation

Workers' compensation claims in Queensland.

Statutory and common-law claims for injuries arising out of, or in the course of, employment in Queensland.

A workplace injury can take you out of the only thing the bills are paid by. The compensation framework is supposed to fix that, at least in part, and it does, when it works. When it does not, the gap between what the scheme pays and what the lost income costs is where the rest of life happens.

Queensland runs two parallel pathways for injured workers: statutory benefits (administered by WorkCover Queensland or a self-insurer) and common-law damages (where the employer’s negligence caused the injury). Most claims start as statutory and end as statutory. Some progress to common law. Knowing which pathway your claim sits on, and whether the second one is open, is the first decision worth making properly.

Fraser Lawyers acts for injured workers in both pathways under the Workers’ Compensation and Rehabilitation Act 2003 (Qld). The principal is Blake Fraser, admitted as a solicitor of the Supreme Court of Queensland in 2013.

Process

When you can make a claim.

The Queensland framework that applies in workers’ compensation matters:

Workers’ Compensation and Rehabilitation Act 2003 (Qld). The principal Queensland workers’ compensation framework. Establishes statutory benefits, common-law claims, the role of WorkCover Queensland and self-insurers, and the interaction between the two pathways.
Workers’ Compensation and Rehabilitation Regulation 2014 (Qld). The regulation under the principal Act, governing day-to-day administration of claims and benefits.
Civil Liability Act 2003 (Qld). Rules on duty of care, contributory negligence and damages assessment that apply where a common-law claim is run against the employer.
Limitation of Actions Act 1974 (Qld). Sets the time limits for commencing common-law proceedings. The interaction with the workers’ compensation scheme is non-trivial; we explain on the first call.
Legal Profession Act 2007 (Qld). Section 308 requires written costs disclosure before any work begins. Section 347 applies to personal injury work, including workers’ compensation common-law claims.

Time limits

Deadlines and risks.

Statutory claims should generally be lodged within six months of the date of injury. WorkCover can reject a late claim; it is not an automatic extension.

The common-law pathway has its own timelines, which interact with the statutory process in ways that are not always obvious. A compliant Notice of Claim for a common-law damages action must generally be lodged within three years of the injury, but the practical window is often shorter because the statutory pathway must be worked through first.

WorkCover will sometimes close a file without making clear that the worker has a right to be assessed for permanent impairment, and that accepting a lump sum impairment benefit forecloses the common-law pathway in most circumstances. That is the decision that usually matters most. Leaving it until a deadline is close leaves less room to make it properly.

Scope of the work.

Statutory benefits
Weekly benefits, medical expenses and lump-sum compensation administered by WorkCover Queensland or a self-insurer under the Workers’ Compensation and Rehabilitation Act 2003 (Qld). Available regardless of fault for any workplace injury arising out of, or in the course of, employment.
Common law claims
Damages claims at common law against the employer’s insurer where employer negligence (or another party’s, such as a labour-hire host) caused the injury. The common law claim runs as a personal injury matter under the WCRA. Our walkthrough of the common law claim process sets out each step.
Workplace injury types
Acute injury (back, shoulder, knee, hand), industrial deafness, occupational disease, psychiatric injury including PTSD and adjustment disorders. Different evidentiary pathways and calculation rules apply across these types under the WCRA.
TPD, superannuation and income protection
Many injured workers also hold total and permanent disability cover, terminal illness cover or income protection cover within superannuation. These claims sit alongside, not instead of, the WCRA pathways. Our TPD and income protection claims page sets out how those claims are structured.

What we do

How Fraser Lawyers acts in these matters.

We do not make extravagant promises about outcomes. No competent lawyer should.

We identify which pathway is open, advise on the steps in the statutory process, and explain, in plain terms, in writing, what the common-law pathway would involve and whether the medical evidence supports it. We coordinate the medical evidence. We prepare the claim documentation. We appear at or represent the client in any proceeding or conference that is required.

For workers with overlapping superannuation insurance cover, we identify the policies and advise on whether a TPD or income protection claim runs alongside the workers' compensation pathway. The two systems are parallel; we explain how they interact.

Pathway

The likely path.

Step 1 — Initial call

You call or send a short enquiry. We confirm the date and nature of injury, the employer, whether a claim has already been lodged, and which insurer is administering the file.

Step 2 — Statutory claim review

If a statutory claim is already running, we review the current position: what benefits are being paid, whether the claim is accepted, and whether WorkCover is proposing to close the file. If no claim is lodged, we assist with lodgement.

Step 3 — Medical evidence

We coordinate the medical evidence: treating doctors, specialist reports, and the permanent impairment assessment that will determine the statutory lump sum and, if applicable, the threshold for the common-law pathway. You do not chase the medical process.

Step 4 — The impairment decision

When WorkCover proposes to close the file with a Notice of Assessment and a lump sum offer, we advise on the offer and on whether the common-law pathway is open and worth pursuing. This is the decision that usually matters most.

Step 5 — Common law (if applicable)

Where a common-law claim is viable, we prepare and lodge the Notice of Claim, gather the financial and vocational evidence, and run the pre-court process through to compulsory conference under the Workers' Compensation and Rehabilitation Act 2003 (Qld).

Step 6 — Resolution

Most common-law workers' compensation claims resolve at compulsory conference. If they do not, we advise on whether to issue court proceedings and, if those proceedings are filed, we run them.

Frequently asked

Questions we hear often.

Plain-English answers to the questions clients tend to ask. If your question is not here, call us.

Get in touch

What is the difference between a statutory claim and a common-law claim?

A statutory claim is the entitlement to weekly benefits, medical expenses and lump-sum compensation administered by WorkCover Queensland or a self-insurer, regardless of fault. A common-law claim is a separate damages claim against the employer’s insurer where the employer is at fault for the injury. The two pathways interact: statutory entitlements must usually be assessed before a common-law claim can run, and any statutory amounts received are accounted for in the common-law assessment.

Can I claim if my employer was not at fault?

For statutory benefits, fault is not required. The claim is simply for an injury arising out of, or in the course of, employment. For a common-law claim, the employer’s negligence must be established. We explain which pathway is open on the first call once we know the circumstances.

How long do I have to start a workers' compensation claim?

Statutory claims should generally be lodged within six months of the date of injury, with limited exceptions. The time limit for a common-law claim is more complex and interacts with the statutory pathway. The general personal injury limitation period under the Limitation of Actions Act 1974 (Qld) is three years. Telling us early gives more options.

Will I lose my job if I make a claim?

It is unlawful for an employer in Queensland to dismiss a worker because of a workers’ compensation claim under sections 232 to 232A of the Workers’ Compensation and Rehabilitation Act 2003 (Qld). We explain what this means in your specific situation on the first call. Where a dismissal occurs notwithstanding that protection, separate workplace law remedies may also apply.

Should I accept the lump sum WorkCover offers when my file is about to close?

The lump sum impairment benefit is not the only option, but accepting it generally closes the common-law pathway. That is a permanent decision. Before accepting any offer from WorkCover, it is worth understanding what the common-law pathway would involve and whether the medical evidence supports it. The decision is yours to make; the point is to make it with full information.

Talk to Fraser Lawyers about your workers' compensation matter.

An initial call or email is the fastest way to know whether we can help and what the next step looks like. Fraser Lawyers is based at 86 Bundall Road, Bundall QLD 4217. We answer the phone Monday to Friday, 8:30 to 5:00.

Send a brief Call (07) 5554 6116