Workers Compensation Lawyers Brisbane and Queensland

In Queensland, a typical workers compensation claim covers:

• Weekly income payments: you’ll receive about 55% of the Queensland Ordinary Time Earnings (QOTE) each week while you’re off work. As of July 2024, the QOTE is $1,844.70 and adjusts annually with inflation.
• Medical expenses: covers GP appointments, hospital care, medications, and other related treatment costs.
• Rehabilitation: includes services like physiotherapy, psychological counselling, and other recovery support.
• Travel costs: you can claim back expenses for travelling to and from treatment appointments.

Exactly what you’re paid will depend on several factors, such as:

• The date of your injury.
• How long you’re certified unfit for work.
• How long you’ve been receiving payments.
• Your usual earnings (called Normal Weekly Earnings or NWE).
• Whether your job falls under a specific award or agreement.
• The Queensland Ordinary Time Earnings (QOTE) at the time of your claim.

If your work injury leads to lasting issues, you could be entitled to an additional lump sum payment on top of your weekly benefits. To qualify, you’ll need to have your Degree of Permanent Impairment (DPI) formally assessed.

This assessment is carried out by an independent medical expert who will evaluate how much your injury affects your day-to-day life. They’ll consider things like:

• Whether your condition has stabilised.
• How serious and permanent the impairment is.
• The degree of impact on your physical or mental function.
• Any prior medical conditions that may contribute to your condition.

You don’t have to meet a minimum DPI to qualify, but generally, the more severe your impairment, the higher the payout. If WorkCover hasn’t referred you for this assessment, it’s really important to request one — otherwise, you might miss out on the payment you’re entitled to.

To learn more, get in touch with a workers comp lawyer in Queensland today or check out our full guide on lump sum payments in workers compensation claims.

What happens after my DPI assessment?

After your Degree of Permanent Impairment (DPI) is assessed, WorkCover will usually issue a Notice of Assessment (NOA). This document outlines your injury, the percentage rating of your DPI, and includes a lump sum compensation offer based on that figure.

Your options from here depend on how high your DPI is:

• Under 20%: you’ll need to choose between accepting the lump sum or pursuing a common law damages claim. This is a big decision. While a lump sum is a guaranteed payout, common law claims can lead to much higher compensation — sometimes hundreds of thousands or even millions.
• 20% or more: you can accept the lump sum and still go ahead with a common law claim.

Before agreeing to any payout, it’s vital to get specialist legal advice. Once you accept a lump sum, that’s it — there’s no option to change your mind, even if your DPI turns out to be underestimated. And if your DPI is below 20%, taking that offer means you permanently give up your right to seek further compensation through a common law claim.

With so much riding on this choice, it’s always worth speaking to an expert workers compensation lawyer first. In a free consultation, we’ll help you understand your NOA, break down your options, and make sure you’re not missing out on the compensation you deserve.

If your injury happened because of your employer’s negligence, you could be eligible to make a common law damages claim. Some of the most common examples of employer negligence include a lack of safety equipment, poor training, or creating an unsafe workplace.

Unlike basic workers compensation payments, a common law claim compensates you for the full impact of the injury on your life. This means if your claim is successful, you could get a significant lump sum payout. Depending on your circumstances, this compensation may cover:

• Wages you’ve lost (and are likely to lose in the future).
• Medical and treatment costs, both short- and long-term.
• Ongoing care or support, whether professional or informal.
• Pain and suffering, for the lasting impact of your injury.

If you’ve already received a lump sum offer from WorkCover, it’s crucial to speak with a lawyer before agreeing to anything. Our experienced team will assess whether you’re eligible for a common law claim and make sure you’re not settling for less than you’re entitled to.

If you’ve been injured at work, here’s what to do next:

• Let your employer know about the injury straight away — you can do this in person or in writing.
• Visit your doctor and ask them for a ‘work capacity certificate’.
• Complete a workers compensation claim form to officially start the process.

It’s always wise to speak with a Queensland workers compensation lawyer early on. In your free consultation, we’ll explain if you’re eligible to make a claim and give you a realistic idea of when your weekly payments might begin. We’ll also explore whether you could be entitled to a lump sum, a common law damages claim, or extra benefits through your super.

If you decide to move forward with us, we’ll get to work straight away — making sure you have access to any urgent support like medical coverage or help around the house.

Your workers compensation lawyer will collect the key evidence needed to prove the severity of your injury and its connection to your work. This might include witness accounts, medical reports from our trusted specialists, and any other documents that help build a strong case on your behalf.

Your workers compensation lawyer handles the entire process for you — from lodging your claim to managing all the paperwork. We make sure everything is accurate, submitted on time, and backed by the right evidence. That way, your claim runs smoothly, and you can start receiving your weekly payments without frustrating delays.

We’re more than just workers compensation lawyers — we’re here to make sure you get every work injury benefit you’re entitled to.

After we’ve taken care of your initial claim, we’ll assess whether you’re eligible for additional compensation, like lump sums for permanent impairment, common law claims, TPD, or income protection claims. These extra claims can lead to significantly higher compensation than what you’d get through standard workers comp alone.

It’s crucial to notify both your employer and workers compensation about your injury as soon as you can. Although you have up to six months to report it, we’ve found that the earlier you inform them, the easier and faster the claims process tends to be.

Yes, workers compensation can cover stress leave and mental health conditions, but there are specific requirements. To qualify, you must 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

Simply feeling stressed isn’t enough; you’ll need to show that workplace stress directly led to a recognised mental health condition.

It’s important to note that mental health workers comp claims can be more complex than physical injury claims. You’ll need strong evidence not just of your condition, but also of its connection to your work. That’s where our expert Queensland workers compensation lawyers can help.

We take a personalised approach, thoroughly investigating your case and building a compelling argument that clearly shows how your mental health condition impacts your ability to work. This ensures you get the weekly payments and ongoing support you deserve while you recover.

If you want to learn more about making a mental health workers compensation claim, check out our complete how-to guide or reach out to our experienced lawyers today.

If your workers compensation claim gets rejected, it’s not the end of the road — you still have options to appeal the decision.

To begin with, the insurer (whether it’s WorkCover or another provider) must send you a letter explaining their decision. From there, you’ve got three months to challenge the decision by requesting a review through the Office of Industrial Relations. A review officer will take another look at your claim and decide whether to uphold or overturn the rejection.

If you’re not satisfied with the outcome of this review, you can escalate the matter to the Queensland Industrial Relations Commission (QIRC) within 20 business days of receiving the review decision.
Importantly, some decisions (like being denied approval for a medical procedure) must be appealed directly to the QIRC.

Because the appeals process can be technical and time-sensitive, it’s always wise to speak with an experienced workers compensation lawyer first. We’ll help you understand your rights and the entire appeals process. Over the years, we’ve helped countless clients turn around rejected workers compensation claims.

Temporary income support

While your workers compensation appeal is underway, there’s a chance you might be left without income for a while. To help keep things steady during this period, it’s important to use any available employment entitlements. Generally, we recommend accessing them in this order:

1. Sick leave (since it can’t be paid out if you leave your job).
2. Annual leave.
3. Long service leave.

Income protection

Your superannuation fund may include income protection benefits, which can provide short-term financial support while you’re off work. Not sure if you’re covered or what you’re eligible for? Reach out to us — we’ll review your policy and give you a free, no-obligation assessment to help you understand your options.

Government unemployment benefits

You could be entitled to certain government unemployment benefits, including JobSeeker or the Disability Support Pension.

In Queensland, workers compensation can absolutely cover injuries that happen while travelling to or from work. These are often referred to as ‘journey claims’.

To be eligible for workers compensation, you’ll need to prove one of the following:

• You were travelling a direct route to or from work.
• The travel was work-related (e.g. going to a meeting or training).
• Your employer required or expected you to take that specific journey.

Whether you’re eligible depends on the specific facts of your case. To find out if your situation qualifies for a workers compensation claim, get in touch with a lawyer who specialises in this area. We have decades of experience in journey claims and can explain everything you’re entitled to — free and obligation-free.

Importantly, if the car accident wasn’t work-related, you won’t be covered by workers compensation. However, you may have a motor vehicle accident instead.

WorkCover is the largest workers compensation insurer in Queensland, which means if you’re injured or become ill because of your job, you’ll usually make your claim through them.

But if you work for a large company with more than 2,000 employees — like Qantas, Kmart or Inghams — your employer might be a self-insurer. In those cases, you’ll need to lodge your claim through your company’s own workers compensation insurer instead.

If you’re unsure who your claim should go through, get in touch with our Queensland workers compensation lawyers. We’ll help you confirm who the right insurer is and guide you through the process step by step.

You can still make a workers compensation claim in Queensland after leaving your job — but resigning can affect some of your entitlements, especially weekly payments. Once you’re no longer employed, insurers may be harder to deal with, and the process can become more complicated.

That’s why it’s so important to get legal advice before stepping away from your role. A workers compensation lawyer can walk you through your options and protect your entitlements.

In Queensland, if you’re receiving workers compensation benefits, you may still be able to access your sick leave entitlements, but it’s important to understand how the two can affect each other.

Generally, workers compensation covers your medical expenses and provides income support while you’re unable to work due to a work-related injury or illness. If you’re receiving weekly compensation payments, these are typically considered separate from any sick leave you’ve accrued from work.

However, there may be situations where you can use your sick leave concurrently with workers compensation, such as to top up your income if the compensation payments are less than your usual earnings. Whether you’re entitled to do this depends on your specific employment contract, workplace policies, and any applicable industrial agreements.​

To make sure you don’t put your workers compensation payments at risk, make sure to chat with an expert lawyer before using your sick leave. We know the Queensland workers comp system inside out and have helped thousands of clients balance their weekly payments with other benefits.

Absolutely — in Queensland, casual employees are just as entitled to workers compensation as full-time and part-time workers. If you’re injured on the job, you can still claim benefits like weekly income payments, medical expenses, and rehab support.

For casual workers, weekly compensation is calculated a little differently. Rather than a fixed salary, your payments are based on your average earnings over the four weeks before your injury. This amount is prorated and linked to the Queensland Ordinary Time Earnings (QOTE), just like for other employees.

Even though casuals don’t receive paid sick leave or annual leave, workers compensation acts as your safety net if something goes wrong at work. If you’re not sure what you’re entitled to or need help making a claim, get in touch with our Queensland workers compensation lawyers. We’ll walk you through your rights and make sure you get the full support you deserve.