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Our Claim Process

A workers compensation claim in Queensland is comprised of two parts:

  • The statutory claim (“compo”); and
  • A common law claim (where you sue your employer for negligence).

To receive compo, you must first lodge a Claim Form as well as a workers’ compensation medical certificate completed by your doctor. The Claim Form can be completed online, over the phone or in writing. You can find the relevant Claim Form through the WorkCover Queensland website: https://www.worksafe.qld.gov.au

WorkCover will then determine whether you have suffered a work related injury. If this determination is positive, your claim will be accepted and WorkCover will start paying you compensation. This will include:

  • Weekly benefits (for at least a portion of your lost wages)
  • All reasonable medical expenses; and
  • If you have a permanent impairment, they will end up offering you a lump sum amount for that permanent injury.

In a common law claim, you can receive damages (ie additional compensation) that will usually far exceed any compensation that you receive under your compo claim.

To bring a common law claim, you must prove that your employer was negligent. Here are some way that you can help in this process:

  • Lodging an incident report immediately
  • Taking photos of any evidence relating to your injury; and
  • Obtaining witness statements straight away.

Before you can start your common law claim, you must wait until your compo claim is finished.

You also cannot accept the lump sum offer you receive from WorkCover for any permanent impairment unless the impairment is 20% or more.

It is highly advisable that you seek the advice and guidance of an accredited specialist in personal injury to assist you in your claim. This is especially true if WorkCover offers a lump sum payment.

Accepting the lump sum offer usually brings an end to any right to bring a common law Workcover claim. To protect your rights, you should speak with a Brisbane personal injury lawyer right away before accepting any kind of lump sum payment.