What if I have suffered a psychological injury?

Psychological injuries can be more difficult to prove, but since 1 July 2020, workers’ compensation insurers must meet reasonable medical, hospitalisation, medication and nursing expenses for up to 28 days while a claim is being determined, even for psychological injuries.

What types of workers are covered by workers' compensation?

Workers’ compensation generally covers part-time, full-time, and casual employees, and in some cases subcontractors. Commonwealth Government employees and workers in large national companies are covered under the Federal Comcare scheme.

How long do I have to claim?

Time limits vary by state, but it’s important to report your injury to your employer and the workers’ compensation insurer as soon as possible. You’ll need to complete a claim form and obtain a medical certificate. If you’re unsure about your timeframe, seek legal advice promptly, even if time has passed since the injury.

How do I claim workers' compensation?

To make a claim, report your injury to your employer, complete a workers’ compensation claim form, and obtain a medical certificate. Keep copies of all documents and give the originals to your employer. Lodge a copy with the workers’ compensation insurer. Our work injury experts can guide you through the process.

What do you do if you've been injured at work in Queensland?

If you’re injured at work in Queensland, first notify your employer and complete an Incident Report. See a doctor and obtain a Workers’ Compensation Medical Certificate. Lodge your WorkCover claim online or over the phone. Ensure all medical and compensation forms are submitted to your employer and insurer promptly.

How long does a common law claim take?

A common law claim usually takes up to nine months to reach a Compulsory Conference, where most claims are resolved. If not settled, it may proceed through litigation. Every claim differs, and expert legal representation can help resolve your case sooner.

What is the common law claim process?

In Queensland, the process involves delivering a Notice of Claim for Damages, exchanging disclosure between parties, receiving a liability determination from WorkCover or the self-insurer, and attending a Compulsory Conference. These pre-court steps are taken under the Workers’ Compensation and Rehabilitation Act 2003 (Qld).

What evidence do I need to keep and collect?

Keep notes about the accident, witness details, and photos or videos of the injury and location. Retain any faulty items involved. Record absences from work, medical visits, and receipts for expenses. Keep documentation of help from family and evidence of income loss, such as payslips.

Worker's Compensation Lawyers

Workers Compensation Lawyers

If there has been an accident at work and you or one of your employees has been injured, you may be dealing with more than just time off work. You might also be facing complex forms, strict time limits and a workers’ compensation scheme that can feel overwhelming when you are already under stress.

As experienced workers’ compensation lawyers, we help injured workers and employers navigate the QLD workers’ compensation system, including WorkCover Queensland and self-insurers. Our team of workcover lawyers can assist with both a statutory work injury compensation claim and any potential common law claim that follows.

Whether you are an injured worker thinking about an injury at work claim, or an employer wanting guidance on a WorkCover claim or recovery action, our WorkCover lawyers in Brisbane can help you understand your rights, obligations and options.

Workers' compensation lawyers – for workers

If you have been injured at work, you may be entitled to workers’ compensation benefits. This work injury compensation can include:

Weekly payments to replace lost wages
Medical expenses, hospital and rehabilitation costs
Travel and pharmaceutical expenses
Support with a gradual return to work
In some cases, a lump sum compensation payment for permanent impairment

The QLD workers’ compensation scheme covers many types of workplace injury and work-related injury, including physical injuries, aggravation of a pre-existing condition and some forms of psychological injury. A workers’ compensation claim can also arise where an injury or illness develops over time because of your work.

As your workers’ compensation lawyer, our role is to help you make a claim, understand your compensation entitlements and deal with the workers’ compensation insurer so you can focus on your recovery.

Psychological injury and work injury claims

A work injury claim involving psychological injury can be more complex than a purely physical injury. There are often issues about causation, workplace events and medical evidence.

From 1 July 2020, workers’ compensation insurers in Queensland are required to meet the reasonable cost of medical, hospitalisation, medication and nursing expenses for up to 28 days while they are determining the workers’ compensation claim, even where the claim relates to a psychological condition.

If you are considering an injury at work claim for anxiety, depression, PTSD or another psychological injury, our workers compensation lawyers can help you gather the necessary medical certificate and reports from medical specialists, explain how the workers’ compensation authority and workers’ compensation regulator make decisions, and guide you through each step of the legal journey.

What if my employer was uninsured?

In Queensland, employers must hold workers’ compensation insurance. If your employer did not have a policy of workers’ compensation cover at the time of your accident, WorkCover Queensland may still pay your workers’ compensation claim and then seek recovery from the employer.

A recovery against an employer does not affect WorkCover’s payment of statutory or common law compensation entitlements to an injured worker. Most workers – including many part-time workers and full-time workers – are still protected under the QLD workers’ compensation system even where an employer has failed to insure.

WorkCover lawyers – for employers

At Denning Insurance Law, our workcover lawyers provide independent legal advice to employers involved in a workcover claim or recovery claim by WorkCover Queensland.

We assist uninsured employers to challenge accepted workers’ compensation claims through applications for review to the Workers’ Compensation Regulator, respond to recovery actions and manage exposure to common law work injury compensation claims.

Our workcover lawyers have experience dealing with the workers’ compensation regulator, the compulsory conference process and negotiations with the workers’ compensation insurer, helping employers understand their obligations while protecting their interests.

Our Workers' Compensation Services

Why choose Denning Insurance Law?

Denning Insurance Law has decades of experience assisting injured workers and employers with statutory and common law workers’ compensation claims under the QLD workers’ compensation legislation. Our Principal Lawyer, Kate Denning, is a Personal Injury Law Specialist accredited by the Queensland Law Society and has previously worked as a panel lawyer for workers’ compensation insurers. She has personally resolved hundreds of claims.

This background gives our experienced workers’ compensation lawyers unique insight into how insurers assess and manage claims. We use that insight to help you assess your options, understand likely outcomes, manage legal fees and pursue the best possible result, whether your matter resolves at the statutory stage or as a lump sum common law claim.

Frequently asked questions about workers' compensation

What does workers' compensation cover?

If you are injured at work, the workers’ compensation scheme may cover:

Weekly payments to replace lost wages
Reasonable medical expenses, rehabilitation and travel costs
Pharmaceutical expenses
A potential lump sum for permanent impairment in some cases

These workers’ compensation benefits are designed to provide financial support while you recover from your workplace injury or illness.

When can you claim workers' compensation?

You may be able to claim workers’ compensation if:

Your accident happened at or because of work (including injuries during a break or on work-related business)
Your health has worsened because of your workplace
A pre-existing injury or illness has been aggravated by work

If you are unsure whether you are eligible to make a workers’ compensation claim, it is important to seek legal advice as early as possible. Strict time limits apply and time limits can differ depending on whether you are pursuing a statutory claim or a common law claim.

What types of workers are covered?

Most workers in Queensland are covered by QLD workers’ compensation, including:

Full-time workers
Part-time workers
Many casual employees and some subcontractors

There are separate compensation schemes in other jurisdictions such as New South Wales, South Australia, Western Australia, Northern Territory and the Australian Capital Territory, and some Commonwealth employees are covered under the Comcare scheme. If you are unsure which workers’ compensation scheme applies, speak with a workers’ compensation lawyer for tailored advice.

How do I make a WorkCover claim?

To make a claim for work injury compensation through WorkCover Queensland, you would usually:

Report your workplace injury to your employer as soon as possible
Obtain a workers’ compensation medical certificate from your doctor
Lodge an application for a WorkCover claim online, over the phone or with the help of your doctor
Keep copies of your claim form, certificates and supporting documents

Our workcover lawyers can guide you through this process, help you respond to requests for further information from the insurer and explain what to expect while your claim is being assessed.

What should you do if you have been injured at work in Queensland?

If you have been injured at work in Queensland:

Notify your employer and complete an incident report
See your own doctor, where possible and obtain a medical certificate
Lodge your workers’ compensation claim with WorkCover or the relevant insurer
Keep records of your symptoms, time off work, medical appointments and costs

Getting early legal advice from workcover lawyers experienced in QLD workers’ compensation can help you protect your position and understand whether a common law work injury claim may be available in addition to your statutory rights.

What is a common law claim?

A common law claim is a separate claim for damages against an employer (or in some cases another party) for loss and damage arising from a work-related injury. Generally, a worker must show:

They suffered an injury that has caused, or will cause, them loss and damage
There was some negligence or wrongdoing by the employer that caused the injury

Damages in common law compensation claims can include loss of earning capacity, pain and suffering and future treatment costs. Common law claims have strict time limits, so it is important to obtain advice early from an experienced workers’ compensation lawyer.

Can you sue WorkCover Queensland?

Generally, a worker sues their employer, not WorkCover Queensland. Under the Workers’ Compensation and Rehabilitation Act 2003 (Qld), WorkCover and its staff have certain protections from liability for workplace injury claims.

However, if an employer is insolvent or deregistered, WorkCover may be named as the defendant in the common law proceedings. Our compensation lawyers can advise you on the correct party to sue and how this interacts with the workers’ compensation scheme and any existing WorkCover decision.

Talk to an expert

Whether you are an injured worker considering an injury at work claim or an employer facing a complex workers’ compensation claim, our workcover lawyers can help you understand your rights under QLD workers’ compensation and guide you through each step of the process.

Contact Denning Insurance Law to speak with a workers’ compensation lawyer about your situation.