Posted on 13 Feb 2026

WorkCover Claim Time Limits in Queensland [2026 Update]

Key time limits for WorkCover claims in Queensland

Action	Time Limit
Reporting the injury to your employer	Immediately (or as soon as possible)
Lodging a statutory WorkCover claim	Six months from injury or diagnosis
Responding to your DPI assessment in a Notice of Assessment (NOA)	20 business days
Requesting a review if your claim is denied	Three months from the decision date
Making a common law claim	Three years from the date of injury

How long do I have to report a work injury in Queensland?

You should report your injury to your employer as soon as possible after it happens. In our experience, early reporting usually means:

Your claim is processed faster.
Insurers make fewer requests for additional evidence.
There is less pushback from WorkCover or the insurer.

Even if your injury seems minor at first, it’s still important to report it to your employer. Not only is this a written record of the incident, but it also protects your right to claim compensation if your symptoms worsen.

When your employer must notify WorkCover (the eight-day rule)

Once you’ve reported to your employer, they have up to eight business days to notify WorkCover about your injury (Workers Compensation and Rehabilitation Act 2003 [QLD]).

If they fail to do so, your employer can face significant fines of up to $8,345 (Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2025 [QLD]).

If eight days have passed — or if you simply want to get the process moving immediately — you can lodge your claim directly with WorkCover Queensland. An employer’s failure to report might delay your first weekly payment, but it is not a reason for WorkCover to reject your claim. WorkCover will often contact the employer directly to demand the necessary information once they receive your independent application.

What is the WorkCover claim time limit in Queensland?

In Queensland, a statutory WorkCover claim must generally be lodged within six months of either:

The date the injury happened, or
The date your work-related illness or condition developed.

Before a claim can be lodged, you must first obtain a Work Capacity Certificate (WCC) from your doctor. This is a required medical document that sets out your diagnosis, capacity for work, and treatment plan.

Once you have a valid WCC, you are responsible for lodging the WorkCover claim form within the applicable time limit.

Important WorkCover update:

Previously, your doctor might have sent your WCC directly to WorkCover to start your claim. As of July 1, 2025, WorkCover Queensland no longer automatically starts a claim just because they receive a certificate from a doctor. You are now responsible for lodging the claim form and attaching the certificate yourself.

The 20-day rule and back pay

Although you generally have six months to lodge a WorkCover claim, there is a much shorter timeframe that affects back pay.

If your claim is lodged more than 20 days after your injury or entitlement arises, WorkCover is usually only required to pay compensation for the 20 days immediately before the claim is lodged. This means you may miss out on payments for earlier time off work.

How long does WorkCover Queensland have to decide on my claim?

WorkCover Queensland aims to decide on your claim within 20 business days. While many straightforward claims are accepted within 10 days, this timeframe may be extended if WorkCover needs additional medical reports, further information from your employer, or extra investigation into how the injury occurred.

After submitting your claim, you will receive two primary communications: an ‘information statement’ and their final decision.

As of January 2025, WorkCover is now required to provide you with an information statement within a few days of receiving your claim. This statement is designed to ensure you aren’t left in the dark and must outline:

Your rights and obligations under the Queensland WorkCover scheme.
The claims process, including the steps WorkCover will take to investigate your injury.
Support services available to you, including rehabilitation and return-to-work programs.
How to appeal if you disagree with a decision they make.

If you’ve lodged a claim and haven’t received this statement within a few days, it may mean your application hasn’t been processed yet. You should follow up with WorkCover directly to confirm your claim is officially in the system.

The Decision Notice is the formal letter confirming whether your claim is accepted or rejected. If the insurer cannot meet the 20-day deadline, they are legally required to notify you in writing to explain the delay.

If accepted: Your medical expenses and weekly payments (backdated to your first doctor’s visit) will commence.
If delayed: The insurer should continue to progress the claim while gathering information. They cannot simply leave a claim on hold indefinitely.
If rejected: You have a strict three-month window to lodge a formal review with the Workers Compensation Regulator.

Where a claim is delayed without a clear justification, a WorkCover lawyer can intervene by providing the necessary supporting material to the insurer and ensuring the process continues to move forward.

What is the time limit to respond to a Notice of Assessment?

If your work injury causes permanent impairment, you may be entitled to a lump sum payment. Eligibility is based on a medical assessment of your Degree of Permanent Impairment (DPI). WorkCover usually arranges this assessment, but if they don’t, you may need to request it yourself.

Your DPI is then used to issue a Notice of Assessment (NOA), which contains your formal lump sum compensation offer.

When you receive your NOA, you have 20 business days to make a critical decision regarding the medical assessment itself.

If you disagree with the DPI: You must notify WorkCover within 20 business days to request a reassessment by a different doctor or the Medical Assessment Tribunal. If you miss this window, WorkCover will assume you’ve agreed with the DPI stated in the notice.
If you agree with the DPI: You do not have to accept or reject the money immediately. If you haven't responded within 20 business days, your offer is automatically deferred (WorkSafe QLD). This means the offer remains on the table and you can choose to accept or reject it at a later date.

The choice: statutory lump sum vs. common law claim

Once a lump sum offer is made, your decision is usually final, so it’s important to consider your options carefully. These depend on your DPI rating:

If your DPI is under 20%: You must either accept the lump sum offer or reject it and make a common law damages claim instead.
If your DPI is 20% or more: You can accept the lump sum offer and make a common law damages claim.

This decision is critical — once an offer is accepted, you usually cannot undo that decision, even if the DPI assessment turns out to be too low. That’s why it’s so important to speak with a WorkCover lawyer before accepting any lump sum offer.

While the offer remains open until accepted or a common law claim is started, you are still subject to the three-year common law time limit. You must reject the lump sum and lodge your common law claim before this deadline to protect your right to compensation.

What is the time limit for a common law WorkCover claim in Queensland?

If your injury was caused by employer negligence, you may be entitled to bring a common law damages claim. In most cases, the time limit is three years from the date of your injury.

However, you cannot start a common law claim until:

Your statutory WorkCover claim has progressed, and
You’ve received a Notice of Assessment from WorkCover Queensland.

Are there any exceptions to the time limit?

For WorkCover and common law damages claims, there are a few situations where the time limit can shift or pause entirely to ensure injured workers aren’t unfairly locked out of the system:

Injuries that develop over time: For conditions like carpal tunnel, burnout, or occupational diseases, the six-month limit typically starts on your ‘date of discovery’. Legally, this is the date a doctor first issues a Work Capacity Certificate stating your condition has impacted your ability to work, rather than the day the symptoms first appeared.
Mental incapacity: If an injured worker suffers from a brain injury, severe psychological trauma, or any other mental incapacity, the limitation period is paused until the person regains capacity or a litigation guardian is appointed to manage their affairs (Limitation of Actions Act 1974).
Minors (common law claims only): If you were under 18 at the time of the accident, you have until your 21st birthday to commence a common law damages claim.
Fatalities (dependency claims): In the tragic event of a workplace death, dependents have six months from the date of the worker's death to lodge a statutory claim for funeral expenses and lump sum compensation.
Injuries that are diagnosed late: Courts may allow an extension if a material fact of a ‘decisive character’ (such as a hidden injury only appearing on a later MRI) wasn't known to you during the initial time limit period (as confirmed in King v WorkCover Queensland 2020).

What if I’ve missed the time limit for my WorkCover claim?

If you’ve missed the deadline for making a WorkCover or common law damages claim, you may still have options.

The courts may allow an extension if there’s a valid reason for the delay, such as medical issues that prevented you from lodging earlier or being outside Queensland for a significant period (Workers Compensation and Rehabilitation Act 2003 [QLD]). In addition, if your employer tried to prevent you from making a claim or realising you were entitled to compensation, the time limit may not start until their actions are discovered (Limitations of Actions Act 1974 [QLD]).

Keep in mind, extensions are not automatic, so it’s essential to speak with a lawyer before attempting to lodge a delayed claim. We understand exactly how WorkCover assesses extension requests and have successfully helped hundreds of injured workers get their delayed claims approved.

What happens if my WorkCover claim is denied?

If WorkCover rejects your claim, they must give you written reasons for the decision. From that point, strict review and appeal deadlines apply (Chapter 13, Workers Compensation and Rehabilitation Act 2003 (QLD):

Review time limit: You have three months from the date of the decision to request a review through the Office of Industrial Relations (OIR). A review officer will reassess the decision independently.
Appeal time limit: If you disagree with the review outcome, you can appeal to the Queensland Industrial Relations Commission (QIRC). This must be done within 20 business days of the review decision.

Some insurer decisions — such as refusals to approve specific medical treatment — cannot be reviewed by the OIR and must be appealed directly to the QIRC.

Because these processes are technical and time-sensitive, legal advice is strongly recommended before starting a review or appeal.

Why getting legal advice early matters for WorkCover claims

With Queensland WorkCover claims, ‘later’ is often too late. Missing a deadline doesn’t just delay support — it can permanently extinguish your right to compensation. The WorkCover system has strict time limits at every stage, and missing even one can cost you hundreds of thousands of dollars in long-term benefits.

Getting legal advice early helps you avoid these common traps:

Protecting your rights: Lodging your statutory claim correctly so your future common law rights are protected.
The 20% DPI threshold: Avoiding acceptance of a small statutory lump sum when a much larger common law claim may be available.
Auditing your DPI assessment: Challenging underestimated impairment ratings by WorkCover-appointed doctors.
Securing key evidence: Preserving CCTV, maintenance records, and witness statements before they disappear.
Calculating future loss: Properly assessing long-term loss of earnings, future medical expenses, and ongoing care needs — not just immediate costs.

Early legal advice helps you meet every WorkCover time limit, so your claim progresses smoothly, and your entitlements are properly protected.