A Queensland work injury can involve two separate claim pathways. A statutory WorkCover claim provides compensation without requiring proof that the employer was negligent. A common law WorkCover claim seeks damages where negligence caused the injury.
The pathways are connected, but they have different tests, benefits and time limits. A decision about a permanent impairment lump sum can also affect the right to seek common law damages. Understanding that choice early can prevent an avoidable loss of rights.
This page gives general information about WorkCover claims in Queensland. It is not legal advice. The law that applies can depend on the date and circumstances of the injury.
A statutory WorkCover claim is made to WorkCover Queensland or to an employer that is licensed as a self insurer. The worker does not need to prove employer negligence. The claim may provide weekly compensation, treatment and rehabilitation expenses, approved travel expenses and a lump sum for permanent impairment.
A common law WorkCover claim is a damages claim against the employer. The worker must prove that a breach of duty caused the injury and loss. Damages may include past and future economic loss, future superannuation loss, general damages and some future treatment or paid assistance costs. The Act places limits and conditions on several types of damages.
Important decision: If a Notice of Assessment records a degree of permanent impairment below 20% and includes a lump sum offer, accepting the offer will ordinarily prevent a common law damages claim for that injury. Get legal advice before responding.
What is a statutory WorkCover claim?
A statutory claim is the first claim most injured workers make. It is governed by the Workers’ Compensation and Rehabilitation Act 2003 and is managed by WorkCover Queensland or a licensed self insurer.
For most injuries, employment must be a significant contributing factor. That means work must be an important part of the cause, but it does not need to be the only cause. Different rules apply to some journey injuries and particular diseases.
A statutory claim is often described as a no fault claim because the worker does not need to prove that the employer failed to take reasonable care. The worker must still satisfy the statutory definition of worker and injury, lodge a valid application and meet any relevant exclusions.
What statutory compensation can pay
Weekly compensation may replace part of lost earnings while the injury causes incapacity for work. The rate depends on the worker’s earnings, the period of incapacity and the rules in force for the claim. Rates can change as the claim continues.
The insurer may also pay approved and reasonable hospital, medical and rehabilitation expenses. Necessary and reasonable travel for treatment may be covered, although prior approval can be required. If the injury causes permanent impairment, the worker may receive a Notice of Assessment and a lump sum offer.
How to lodge a WorkCover claim
A valid application generally requires an application for compensation and a work capacity certificate that identifies every injury being claimed. Since 1 July 2025, WorkCover Queensland does not automatically register a claim merely because it receives a work capacity certificate. The worker must also make the application, which can be done using the available form or by contacting WorkCover.
An employer’s report of an injury is not the same as the worker’s application for compensation. Keep a copy of the application, certificate and any confirmation of lodgement.
The six month statutory claim limit
A statutory application is generally valid only if it is lodged within six months after the entitlement to compensation arises. For most injuries, that entitlement arises when a doctor first assesses the injury. A nurse practitioner can assess some minor injuries under an approved protocol, and a dentist can assess an oral injury.
If the application is lodged more than 20 business days after entitlement arises, retrospective compensation may be restricted. The Act allows an insurer to waive some time requirements in limited circumstances, including certain medical circumstances, mistake, absence from Queensland or reasonable cause. An extension should never be assumed.
How long the insurer has to decide
The insurer must decide the application within 20 business days after it is made. If it does not decide in time, it must provide written reasons for the delay and explain the right to seek a review of those reasons.
When statutory compensation ends
Weekly compensation does not continue indefinitely. It can end when incapacity ends, when a lump sum offer is made, after five years, or when the statutory maximum is reached, whichever happens first. Separate rules govern when treatment and rehabilitation expenses end.
Permanent impairment and the Notice of Assessment
When an injury is stable enough to assess, the insurer may arrange a permanent impairment assessment. The result is expressed as a degree of permanent impairment, often called DPI. If the worker is entitled to a lump sum, the Notice of Assessment contains the offer.
If the assessment was not made by a medical assessment tribunal and the worker disagrees with the DPI, the worker generally has 20 business days after receiving the notice to ask for reassessment or referral to a tribunal. This is a separate and important deadline.
If the DPI is less than 20%
For most current claims, a worker with a DPI below 20% who receives a lump sum offer must choose between accepting the offer and seeking common law damages. The election is ordinarily irrevocable. Accepting the lump sum usually ends the right to seek damages for the same injury.
The Notice of Assessment allows the worker to accept, reject or defer the offer. Failing to respond generally amounts to deferral, but it does not stop the common law limitation period. Lodging a notice of claim for damages can amount to rejecting the lump sum and electing to seek damages.
A worker assessed with no DPI receives no permanent impairment lump sum, but for an injury on or after 31 January 2015 may still be able to seek common law damages if negligence and the other legal requirements can be established.
If the DPI is 20% or more
A worker assessed with a DPI of 20% or more may accept the statutory lump sum and may also seek common law damages. Any statutory compensation paid is taken into account when damages are calculated.
The 20% rule is not a general damages threshold
For injuries on or after 31 January 2015, there is generally no minimum DPI needed to seek common law damages. A DPI below 20% creates an election between the lump sum and damages. It does not by itself prevent a damages claim. Transitional rules can produce a different result for older injuries, including injuries between 15 October 2013 and 30 January 2015.
Before responding to a lump sum offer: Compare the lump sum with the possible common law claim, check the limitation date and obtain advice about the evidence. Do not assume that deferring the offer protects the damages claim.
What is a common law WorkCover claim?
A common law WorkCover claim is a claim for damages against the employer. WorkCover Queensland will usually manage the defence where it insured the employer. A licensed self insurer manages its own claim.
The worker must prove more than the fact that an injury happened at work. The evidence must establish a duty of care, a breach of that duty, causation and loss. An employer ordinarily has a duty to take reasonable care for the safety of workers, but liability is not automatic.
What negligence means in a Queensland work injury claim
The court asks whether the relevant risk was reasonably foreseeable, whether it was more than insignificant and whether a reasonable person in the employer’s position would have taken precautions. The worker must also prove that the breach was a necessary cause of the injury and that legal responsibility should extend to the harm claimed.
A breach may involve an unsafe system of work, inadequate training or supervision, unsafe plant, a failure to provide suitable assistance, or a failure to respond reasonably to a known hazard. These examples do not prove negligence on their own. The facts, the available precautions and the cause of the injury must be established with evidence.
A worker’s own lack of reasonable care can reduce damages for contributory negligence and can defeat a claim in an appropriate case. The result depends on the evidence and the statutory rules.
Evidence to preserve
Useful evidence can include incident reports, photographs, witness names, rosters, instructions, training records, risk assessments, maintenance records, messages, hazard reports, medical records and evidence of earnings. Preserve documents early. Memories fade, workplaces change and records may become harder to obtain.
What common law damages can include
Common law damages aim to compensate loss caused by the injury, subject to the Workers’ Compensation and Rehabilitation Act 2003. They may include general damages for pain and loss of amenity, past and future economic loss, future superannuation loss, and some future treatment or paid assistance costs.
The Act applies a scale to general damages and places a cap on weekly economic loss. Future losses are discounted and must be supported by evidence. A person can recover damages for an impaired earning capacity even where the exact future loss cannot be calculated, but the court must have a proper evidentiary basis for the assessment.
The Act generally excludes damages for unpaid care provided by family or friends. Paid care and domestic assistance may be recoverable only where the relevant legal tests are met. It is therefore misleading to describe common law damages as covering every form of care.
How statutory benefits affect damages
A worker cannot recover the same loss twice. Compensation already paid or payable under the statutory scheme is deducted or otherwise accounted for when common law damages are resolved. The calculation should be checked as part of any settlement advice.
The common law WorkCover claim process
A worker ordinarily completes the statutory permanent impairment process and receives a Notice of Assessment before giving a common law notice.
A worker ordinarily gives the insurer a formal Notice of Claim for Damages before starting court proceedings. The notice must contain prescribed information, supporting material and a genuine settlement offer or an explanation of why an offer cannot yet be made. The worker must also give required authorities and relevant documents.
The parties have ongoing disclosure duties. The insurer may require a medical examination. The insurer generally has up to six months after a complying notice to give a written response on liability.
Before court proceedings, the parties must usually attend a compulsory conference and genuinely try to settle the claim. The conference is generally held within three months after the insurer’s liability response unless the parties agree otherwise. If the claim does not settle, the parties exchange written final offers that remain open for 10 business days.
If the claim remains unresolved, court proceedings may be started after the statutory pre court requirements are satisfied. Under the Uniform Civil Procedure Rules 1999, a damages proceeding is ordinarily started by filing a claim with a statement of claim. The court process involves pleadings, disclosure, expert evidence and case management.
Common law WorkCover time limits in Queensland
The general limitation period for a personal injury action is three years from the date the cause of action arose. For a straightforward accident, that is often the date of injury. The date can be more complex for a disease, an injury that develops over time, a person under a legal disability or a claim affected by transitional provisions.
The Notice of Claim for Damages must be given within the applicable period. A complying notice given before the limitation period ends can preserve the ability to start proceedings later, provided the remaining statutory requirements are met. If that preservation rule is used, proceedings must generally be brought within 60 days after the compulsory conference.
Schedule 5 of the Workers’ Compensation and Rehabilitation Act 2003 can modify the period where a Notice of Assessment is issued late or a statutory review or appeal remains unresolved. Extensions may also be available in limited circumstances under the Limitation of Actions Act 1974. These provisions are technical and should not be relied on without advice.
Do not wait for the third anniversary: Permanent impairment assessment, investigation, disclosure and the mandatory settlement process take time. Obtain advice well before the possible limitation date.
If WorkCover rejects or ends a claim
A worker can ask the Workers’ Compensation Regulator to review many insurer decisions, including a rejection, a decision to end or suspend compensation, and some decisions about weekly compensation. The application must generally be made within three months after receiving the insurer’s written decision and reasons.
The review is mainly decided on the documents provided. Submit the medical and factual evidence relied on with the application. The Regulator can allow one request for extra time where special circumstances exist, but an extension should not be assumed.
A person who is dissatisfied with the review decision can generally appeal to the Queensland Industrial Relations Commission within 20 business days after receiving notice of the decision.
Psychological injury WorkCover claims
A psychological or psychiatric disorder can be a compensable injury where employment is a significant contributing factor. The statutory scheme excludes a disorder that arises out of reasonable management action taken in a reasonable way, a worker’s expectation or perception of that action, or action by an insurer or the Regulator in connection with the worker’s application for compensation.
Bullying, harassment, exposure to trauma and excessive workloads can support a claim in appropriate circumstances, but the label used for the event is not enough. The medical diagnosis, the workplace evidence and the way any management action occurred all matter.
A worker with a diagnosed psychological injury may be able to access limited early psychological treatment while the insurer decides the statutory claim. A later common law claim still requires proof of negligence, foreseeability, causation and loss.
Journey claims in Queensland
The statutory scheme can cover an injury on a journey between home and work. Employment does not need to be a significant contributing factor to a qualifying journey injury. Coverage can be lost where there is a substantial delay, interruption or deviation that is not connected with employment and is not beyond the worker’s control. Certain serious driving conduct can also exclude compensation.
If another driver caused the crash, a compulsory third party claim may also be available. Coordination and recovery rules prevent double compensation, so both claims should be considered together.
Can a WorkCover claim affect employment?
The workers’ compensation legislation restricts an employer from dismissing a worker within 12 months solely or mainly because the worker is unfit for employment due to a compensable injury. This is not a guarantee that employment will continue in every circumstance. A statutory reinstatement process may be available if the worker becomes fit within the relevant period, and other workplace laws may also apply.
Frequently asked questions
Can I receive statutory benefits and still make a common law claim?
Often, yes. Weekly payments and treatment expenses may be paid before a common law claim is made. The lump sum election is different. If the DPI is below 20%, accepting an offered lump sum will ordinarily prevent damages. Statutory compensation is accounted for in any damages outcome.
Does a low DPI mean I cannot claim damages
Not for most injuries on or after 31 January 2015. There is generally no minimum DPI for access to common law damages. A low DPI can still affect the value of the claim, and a DPI below 20% creates the lump sum election.
What if my employer has a self insurer
The same Queensland workers’ compensation legislation generally applies, but the employer’s licensed self insurer manages the statutory and common law processes instead of WorkCover Queensland.
What is my WorkCover claim worth
The answer depends on the injury, medical evidence, earnings history, age, future work capacity, treatment needs, available care, the strength of the negligence case and any contributory negligence. No reliable valuation can be made from the DPI alone.
When should I obtain legal advice
Get advice promptly if the claim is rejected or stopped, a Notice of Assessment arrives, the DPI is disputed, a lump sum offer is made, the injury may have been caused by negligence, or a limitation date may be approaching.
Get advice before making the lump sum election
The lump sum election can determine whether a worker keeps or gives up the right to common law damages. The correct choice depends on the likely damages, the evidence, the limitation date and the risks of proving negligence. Obtain advice before accepting or rejecting the offer or deciding to defer it.
General information only
This page provides general information about Queensland workers’ compensation law. It is not legal advice and does not take account of individual facts. Time limits and rights can change according to the injury date, the type of injury and the steps already taken. Obtain advice about your own circumstances.