How to File an Accident at Work Claim

Getting injured at work is stressful enough without having to figure out the claims process on your own. If you’ve suffered a workplace injury in Queensland, you may be entitled to compensation for lost wages, medical expenses, and rehabilitation costs. However, it can be hard to know where to start.

This guide walks you through how to file an accident at work claim in Queensland, what you’re entitled to, and when it makes sense to speak with a lawyer.

Key Insights

• Workplace injuries in Queensland are covered under the Workers’ Compensation and Rehabilitation Act 2003, administered by WorkCover Queensland.
• See a doctor first, get a Work Capacity Certificate, then lodge your claim with WorkCover Queensland.
• Time limits apply. You generally have six months to lodge a claim, but acting quickly is important.
• Compensation can cover lost wages, medical expenses, rehabilitation, and lump sum payments for permanent impairment.
• Both physical injuries and psychological conditions are recognised under the scheme.

How Common Are Workplace Injuries in Australia?

Workplace accidents happen more often than many people realise. According to Safe Work Australia, in 2023-24, there were 146,700 serious workers’ compensation claims involving at least one week of lost working. That’s around 401 serious claims every single day across Australia. .

In 2023-24, the leading common cause of serious claims was body stressing which accounted for approximately 35% of workers’ compensation claims. Falls were the second most common cause of serious claims, with 15% of claims being from falls on the same level.

And it’s not just physical injuries. Mental health conditions accounted for 10.5% of serious workers’ compensation claims in 2022–23, nearly double the rate recorded a decade ago.

If you’ve been physically or psychologically injured at work, you have rights, and you’re far from alone.

Step 1: Get Medical Attention and Obtain a Work Capacity Certificate

The first thing to do after a workplace injury is to seek medical treatment. When you see your doctor, ask specifically for a Work Capacity Certificate (sometimes called a workers’ compensation medical certificate). This certificate is required to make a WorkCover claim and should confirm your diagnosis, treatment plan, and current work capacity.

Make sure your doctor records all your injuries and symptoms accurately. Incomplete medical documentation is one of the most common reasons claims run into difficulties.

Step 2: Notify Your Employer

You must notify your employer as soon as possible after sustaining a workplace injury, as you generally only have six months to lodge a workers’ compensation claim.

Prompt notification also means the incident gets properly recorded. Make sure an incident report is completed and that you’re given a copy. This document – including the date, time, location, and any witnesses – forms an important part of your evidence.

Step 3: Lodge Your WorkCover Claim

You can lodge your claim online through WorkCover Queensland or by contacting them directly.You’ll need to provide personal details, information about your injury and how it occurred, your employer’s details, and your Work Capacity Certificate.

One important time limit to be aware of: if you lodge your application more than 20 business days after the injury, WorkCover’s liability to pay compensation may be limited to no more than 20 business days before the date you lodged.In other words, the sooner you act, the better.

WorkCover Queensland will then review the information and decide whether to accept your claim. There’s a good chance a decision will be made within 10 business days for straightforward claims.

What Types of Injuries Are Covered?

Queensland’s workers’ compensation scheme covers a broad range of workplace injuries, including:

• Physical injuries – fractures, lacerations, burns, back injuries, and repetitive strain injuries
• Psychological conditions – anxiety, depression, burnout, and post-traumatic stress disorder (PTSD) caused or aggravated by work
• Occupational illnesses – conditions resulting from long-term exposure to harmful substances or environments
• Aggravated pre-existing conditions – where your work has worsened an existing injury or illness

Under the Workers’ Compensation and Rehabilitation Act 2003, your employment must be a significant contributing factor to your injury for your claim to be accepted.

What Compensation Can You Receive?

If your accident at work claim is accepted, you may be entitled to:

• Weekly benefits to replace a portion of your lost income while you’re unable to work
• Medical expenses, including GP visits, specialist appointments, hospital stays, medications, and allied health treatment
• Rehabilitation costs to support your recovery and return to work
• Lump sum payment for permanent impairment, where your injury has lasting effects on your capacity to work

In addition to these no-fault statutory benefits, if your employer’s negligence caused your injury, you may also be entitled to pursue a common law claim for additional compensation.A common law claim can include damages for pain and suffering, loss of future earnings, and more. However, these claims are more complex and generally require legal representation.

When Should You Speak with a Workplace Compensation Lawyer?

Not every claim requires a lawyer, but there are situations where professional legal advice can make a real difference to your outcome.

You should consider speaking with workplace compensation lawyers if:

• Your claim has been denied or disputed by WorkCover or your employer’s insurer
• Your injury is serious, permanent, or likely to affect your ability to work long-term
• You’re unsure whether you may also have a common law claim
• You’re a contractor or self-employed and unsure about your entitlements
• You feel the compensation being offered doesn’t reflect the full impact of your injury

Workers’ compensation insurers have experience in minimising compensation payouts, so having an experienced lawyer on your side can be vital to ensuring you receive what you’re genuinely entitled to.

Workers compensation lawyers usually operate on a no-win, no-fee basis, which means there’s no financial risk in getting advice about where you stand.

Disclaimer: This article is general in nature and does not constitute legal advice. If you have been injured at work and need advice about your specific circumstances, please contact a qualified compensation lawyer.