Work Cover Claims

If you’ve suffered an injury or illness at work, our team of personal injury lawyers can help you claim the compensation you deserve.

Is my case covered by statutory rights or common law rights?

As a worker in Queensland, you’re covered by WorkCover Legislation.


This means you have statutory rights and can pursue compensation if a workplace accident or related circumstances (e.g. travelling to/from work) causes you harm. If your claim is successful, you’ll be assessed in a medical assessment tribunal and then receive an amount (often a lump sum) based on:

  • Your medical expenses
  • Your lost wages.

However, if your injury occurs due to your employer’s negligence, your claim may fall under common law. This means pursuing a case against WorkCover, as the insurer of your employer, which can often provide you with more comprehensive compensation than a statutory agreement.


In a common law case, you’ll be able to claim compensation for:

  • Pain and suffering
  • Future medical expenses
  • Lost income (both past and future).

It’s important to understand that accepting a WorkCover statutory offer will usually result in the loss of common law rights. We strongly recommend taking the time to contact us so your decision will be made with all the information you need to ensure your rights are protected.

What types of injuries can I claim?

Whether a particular injury entitles you to make a claim will depend on the severity of the injury, along with other factors. Please contact us for a free consultation to determine your eligibility.


It’s also worth noting that you may be able to make a claim for:

  • A pre-existing condition or injury worsened or exacerbated by your work (e.g. asthma).
  • An injury sustained during a work break (e.g. during lunch).
  • An injury sustained while travelling to or from your workplace.

Essentially, if your injury or illness can be reasonably connected to your employment, there’s a chance that you’re entitled to make a claim. Call us on 1800 435 754 to confirm this.

Who will pay my work accident compensation?

You might worry that bringing a WorkCover claim will lead to financial strife for your employer, but this isn’t the case. As the insurer of your employer’s business, it’s actually WorkCover Queensland that will pay your work accident compensation.

How long does it take to claim work accident compensation?

This will depend on the complexity and details of your claim. If you and your employer both provide accurate and factual information in a timely manner, the case can be resolved very quickly.


However, if any parties are uncooperative or inaccurate in their reporting, the claim could take up to 20 business days.

How much compensation am I entitled to?

It’s impossible to estimate your claim amount without knowing the details of your injury. Compensation will generally be calculated to match your lost weekly earnings and medical costs, but several factors will need to be considered before a final figure is determined.


After an obligation-free chat with one of our personal injury lawyers, we’ll be able to give you a better idea of what you might be entitled to. Call us today on 1800 435 754 to discuss your potential case, or at any time during your claim for professional advice. Our specialist personal injury lawyers work on a ‘no win no fee’ basis.

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