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Queensland WorkCover Claims
WorkCover Queensland Eligibility Check
Free information about WorkCover Queensland claims: statutory benefits, common-law damages and time limits.
Queensland workers compensation is run by WorkCover Queensland, with self-insurer arrangements for some large employers. Common-law damages are available where an injury was caused by employer negligence, and Queensland applies no statutory cap on damages amounts.
- Statutory benefits: weekly + medical + lump sum
- No cap on common-law damages
- Includes psychological injury
- Free claim assistance via WorkCover
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WorkCover Queensland, explained
Queensland workers compensation is administered by WorkCover Queensland (with some large employers self-insuring) and overseen by the Office of Industrial Relations. Queensland operates a two-tier system: statutory benefits handle most workplace injuries, and common-law damages are available for serious injuries caused by employer negligence, with no statutory cap on amounts.
What WorkCover Queensland pays
- Weekly payments: 85% of pre-injury earnings for the first 26 weeks (capped at the maximum weekly amount), reducing thereafter.
- Medical, hospital and rehabilitation expenses: All reasonable and necessary.
- Permanent impairment lump sum: Based on whole-person impairment percentage assessed under AMA Guides.
- Death benefits: Lump sum and weekly support for dependants of workers killed in workplace incidents.
- Common-law damages: Where the injury was caused by employer negligence, no statutory cap on damages.
The common-law damages process
A QLD common-law claim runs on a parallel track to the statutory claim. You lodge a Notice of Claim, attend medical assessments, attend a Compulsory Conference (a structured settlement negotiation), and proceed to court only if no settlement is reached. Most cases settle at or before Compulsory Conference. Critically, you must elect: accepting the WorkCover lump-sum offer extinguishes your common-law rights for that injury. Always get legal advice before deciding.
Cities and regions covered
Brisbane CBD and metropolitan Brisbane, Logan, Ipswich, Redlands, Moreton Bay, Gold Coast, Sunshine Coast, Toowoomba, the Darling Downs, Cairns, Townsville, Mackay, Rockhampton and regional QLD.
Queensland WorkCover claim FAQs
Plain-English answers about WorkCover Queensland and common-law damages claims.
Reviewed by CompoCheck Editorial Team · Last updated
How do I lodge a WorkCover claim in Queensland?
Notify your employer of the injury as soon as practical. See your GP for a Workers' Compensation Medical Certificate. Lodge an Application for Compensation with WorkCover Queensland online at worksafe.qld.gov.au. WorkCover must accept or reject the claim within 20 business days.
Should I lodge a statutory claim or pursue common-law damages?
You start with the statutory claim, weekly payments, medical expenses, and (if applicable) a lump-sum permanent impairment offer. If your injury was caused by employer negligence, you can also pursue common-law damages, often a much larger amount, but you must elect between accepting the lump-sum offer or pursuing common-law (you cannot do both for the same injury). Get legal advice before signing any lump-sum settlement.
What is the time limit for QLD common-law damages?
Lodge a Notice of Claim under the Workers Compensation and Rehabilitation Act 2003 within 6 months of the date of injury or 6 months of the WorkCover decision (whichever is later). Common-law damages claims must be commenced in court within 3 years of the date of injury. Both deadlines must be observed.
How much can I get in QLD common-law damages?
Queensland has no statutory cap on common-law damages, so awards are limited only by what the evidence supports. Heads of damage include past and future economic loss (with no cap on weekly amounts), pain and suffering (assessed under the Civil Liability Act ISV scale), past and future medical expenses, and care. The amount in any case depends on the evidence of your losses, your impairment level and the scheme's rules. WorkCover Queensland (worksafe.qld.gov.au) publishes guidance on how common-law claims are assessed.
Can I claim for a psychological injury in Queensland?
Yes. WorkCover Queensland recognises psychological injuries arising from workplace stressors: bullying, harassment, traumatic incidents, excessive workload. The injury must arise from employment and not solely from reasonable management action. Document early with your GP and a treating psychologist.
How your QLD WorkCover claim gets handled
Enquiries you submit are sent to the advertising law firm for Queensland and your claim type.
- 01
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Answer a few simple questions about your injury. No legal jargon, just the facts.
- 02
Your enquiry goes to an advertising law firm
Your enquiry goes to a law firm that advertises on CompoCheck for your state and claim type.
- 03
The firm contacts you
The firm can discuss your situation with you directly. Whether you go further is up to you.
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