WorkCover Lawyers in Brisbane and Queensland

In Queensland, a standard WorkCover claim provides a range of basic support, including:

• Weekly income support: while WorkCover doesn’t pay your full wages, you’ll receive around 55% of the Queensland Ordinary Time Earnings (QOTE) per week. This is the average amount a full-time worker earns in Queensland, and it increases every year with inflation. The current QOTE is $1,844.70 as of July 2024.
• Medical and treatment costs: covers things like GP visits, hospital stays, and medications.
• Rehabilitation services: access to physio, counselling, and other recovery-related care.
• Travel reimbursements: claim back costs for getting to and from medical appointments.

The exact amount you receive depends on a range of factors, including:

• How long your doctor or work capacity certificate says you need off work.
• When your injury happened.
• When your injury was first assessed by a doctor.
• How long you’ve been receiving compensation payments.
• Whether your job is covered by an award or workplace agreement.
• Your usual weekly income (known as Normal Weekly Earnings or NWE).
• The current Queensland Ordinary Time Earnings.

If your injury has long-term effects, you might be eligible for an extra lump sum payout.

To qualify, you’ll need to have your Degree of Permanent Impairment (DPI) assessed, which is a measure of how much your work injury impacts your life.

To determine your DPI, an independent medical professional will assess your condition, looking at factors like:

• Whether your condition is stable.
• The extent of any impairment.
• The permanence of the impairment.
• The severity of the impairment.
• Any pre-existing conditions.

While there’s no minimum DPI to qualify for a lump sum, a higher DPI typically means a larger payout.

If WorkCover Queensland has not referred you for a permanent impairment assessment, it’s crucial to ask for one — otherwise, you risk missing out on your lump sum payment. For more details, speak to a WorkCover lawyer today or read our full guide on lump sum payments in workers compensation claims.

What happens after my DPI assessment?

Once your Degree of Permanent Impairment (DPI) is assessed, WorkCover will usually send you a Notice of Assessment (NOA). This outlines your injury, your DPI percentage, and includes a lump sum offer based on that rating.

What happens next all comes down to your DPI:

• If your DPI is under 20%: you have to choose between accepting the lump sum offer or making a common law damages claim. This decision is a big deal, because while common law claims can be harder to prove, they can also result in more substantial payouts — worth hundreds of thousands (or even millions for severe injuries).
• If your DPI is 20% or more: you can accept the lump sum and still pursue a common law claim.

It’s absolutely crucial to get legal advice before accepting any offer from WorkCover. Once you say yes to a lump sum, there’s no going back — even if you later find out your DPI assessment was too low and you’re entitled to more. Plus, if your DPI is below 20%, accepting that offer means giving up your right to make a common law claim. In other words, you could be walking away from significant compensation without even realising it.

That’s why we offer free consultations for all WorkCover claims. Our experienced lawyers will review your DPI assessment, explain your options, and help you understand the full value of your potential claim. With so much at stake, it’s always worth getting a second opinion.

If your injury was caused by your employer’s negligence, you might be eligible for a common law damages claim. Common examples of employer negligence include improper safety gear, lack of proper training, or an unsafe work environment.

Unlike standard Queensland WorkCover claims, a common law claim can provide a much larger lump sum to fully compensate for the effects of your injury. Depending on your situation, your payout could cover:

• Lost earnings: both past wages and future income.
• Medical costs: from immediate treatment to ongoing care.
• Support and assistance: whether from professionals or loved ones.
• Pain and suffering: for the emotional and physical toll of your injury.

Since common law claims can result in significant compensation, it’s important to seek legal advice early — and before accepting any offers from WorkCover. Our experienced work injury lawyers are here to make sure you know exactly where you stand. We’ll walk you through your rights, check if you’re eligible to make a common law claim, and make sure any WorkCover settlement you’re offered won’t limit your options down the track.

After a workplace injury, make sure you:

• Tell your employer about the injury as soon as you can, either verbally or in writing.
• See a doctor and get a ‘work capacity certificate’ from them.
• Get a WorkCover claim form to start the claims process.

It’s a good idea to talk to a Queensland WorkCover lawyer as soon as possible. In a free consultation, we’ll help you understand whether you have a claim and give you a clear idea of when you can start receiving weekly payments. Your lawyer will also look at your eligibility for lump sum compensation, a common law damages claim, and any additional super entitlements.

If you choose to work with us, we’ll get started on your claim right away. Your lawyer will take care of securing any immediate benefits you need, like coverage for medical expenses or extra support at home.

Your WorkCover lawyer will gather all the evidence needed to show how serious your condition is and how it’s linked to your job. This could involve witness statements, expert opinions from our network of medical specialists across the country, and any other important documents to support your case.

Your WorkCover lawyer takes care of everything — from submitting your claim to handling all the paperwork. We’ll ensure it meets all the necessary requirements, deadlines, and evidence standards. With a properly prepared claim, we help you avoid delays and get your weekly WorkCover payments without unnecessary holdups.

We’re not just WorkCover lawyers — we’re here to make sure you get every entitlement you’re entitled to. Once we’ve handled your WorkCover claim, we’ll look into securing lump sum compensation for permanent impairment and get started on any negligence, TPD, or income protection claims.

These additional claims can result in much larger payouts, often far exceeding what you’d receive from a standard WorkCover claim in Queensland.

It’s important to inform your employer and WorkCover about your injury as soon as possible. While you technically have up to six months to report the injury, in our experience, the sooner you report the injury, the smoother the process will be for your WorkCover claim.

Yes, WorkCover can cover stress leave and mental health conditions. To qualify, you’ll need to be diagnosed with a recognised mental health condition caused by your job, such as:

• Anxiety.
• Major Depressive Disorder.
• Post-Traumatic Stress Disorder (PTSD).
• Complex PTSD.

Unfortunately, ‘stress’ alone is not enough — you’ll need to show that workplace stress led you to develop a recognised mental health condition.

It’s important to understand that mental health WorkCover claims can be much more challenging than physical injury claims. You’ll need solid evidence that not only proves your condition but also shows how it’s directly linked to your work. That’s where our expert Queensland WorkCover lawyers come in to make sure you’re fully supported.

We don’t rely on generic forms like other firms. Instead, we dig deep into your case, building a strong, compelling argument that clearly demonstrates how your mental health condition affects your ability to work. This approach helps ensure you get the weekly payments and long-term support you need while you recover, so you’re not left struggling.

Want to know more about making a mental health WorkCover claim? Check out our complete how-to guide or speak with our experienced lawyers today.

If your WorkCover claim is rejected, the insurer must provide a letter explaining why. You then have three months to request a review of the decision through the Office of Industrial Relations, where a review officer will reassess your claim. If you’re still not happy with the review, you’re entitled to appeal to the Queensland Industrial Relations Commission (QIRC) within 20 business days.

It’s important to note that certain insurer decisions — like not funding a medical procedure — cannot be reviewed by the Office of Industrial Relations and must instead be appealed directly to the QIRC.

Before starting this complex process, we strongly suggest speaking with a WorkCover lawyer. We’ll help you put together a compelling appeal and advocate for you every step of the way. Over the years, our WorkCover lawyers have successfully overturned many denied claims.

Temporary income support

While we appeal your WorkCover claim, you may be without income. To help you stay afloat, it’s important to first access your employment benefits. These include (in order):

1. Sick leave (because it’s not paid out if you stop work).
2. Annual leave.
3. Long service leave.

Income protection

Your superannuation policy might include an income protection benefit , offering temporary financial relief if you’re unable to work. If you’re not sure about your income protection or other super benefits, get in touch with us today. We’ll review your policy and provide a free assessment of what you’re entitled to.

Government unemployment benefits

You may be eligible for certain government unemployment benefits such as JobSeeker or the Disability Support Pension.

WorkCover can’t force you to return to work, but they can reassess your situation and cut off payments if they believe you’re capable of doing suitable work. Your doctor’s ‘work capacity certificate’ is crucial here, as it outlines what kind of tasks — if any — you’re able to handle.

If WorkCover is pushing you to go back to work but you don’t feel ready, it’s a good idea to get advice from an experienced lawyer. We can help challenge their decision and make sure you’re not being rushed into returning before you’ve truly recovered.

In Queensland, you can still claim WorkCover after resigning from your job, but it can impact certain entitlements, like weekly wage-replacement payments. Insurers may also be less cooperative once you’re no longer employed. Because of the potential financial and legal complexities, it’s vital to get legal advice before making any decisions.

A WorkCover lawyer can guide you through the process, ensuring your claim is properly handled and that you receive everything you’re entitled to — including lump sum payments and ongoing coverage for medical expenses.

Yes, in Queensland, you can resign while on WorkCover, but it’s important to think about how it might impact your compensation. If you resign for reasons unrelated to your injury, WorkCover may reassess your weekly payments, and you might see a reduction or even a stop in those payments. On the other hand, if you resign because of your injury — say, you can’t return to suitable work — your WorkCover benefits could continue.

Before making any decisions, make sure to chat with a WorkCover lawyer. We can help you understand how resigning might affect your benefits and guide you through the process to make sure you’re not losing out on anything you’re entitled to.

Yes, in Queensland, casual employees are covered by WorkCover, just like full-time or part-time workers. This means if you’re a casual worker injured on the job, you’re entitled to WorkCover benefits, including weekly payments for lost wages, medical costs, and rehabilitation.

Just like full-time employees, your WorkCover payments are based on the Queensland Ordinary Time Earnings (QOTE). However, as a casual worker, the amount is adjusted to reflect your average hours over the past four weeks — so your payments are pro-rated to match what you’d typically earn.

Even though casual workers don’t get things like paid sick or annual leave, WorkCover ensures you’re still protected for work-related injuries. If you’re unsure about your rights or need help with your claim, reach out to our Queensland WorkCover lawyers today. We’ll guide you through the process and make sure you’re getting all the support you’re entitled to.

In Queensland, whether or not your WorkCover payments are taxable depends on what type of compensation you’re receiving:

• Weekly WorkCover payments: these are considered taxable income, so they’re taxed just like your regular salary. WorkCover will withhold tax from these payments at the usual rate.
• Lump sum payments for permanent impairment: this lump sum payment is usually not taxable because it’s meant to compensate for your loss of physical abilities — not replace your regular income.

Just keep in mind that while lump sum WorkCover benefits aren’t taxable, any income earned from investing those funds (like interest) would be subject to tax.

If you’re unsure about your specific situation, it’s always a good idea to chat with a tax professional or financial advisor to get advice tailored to you.