By Drew Phillips, Senior Associate Last reviewed: August 2026
Trilby Misso Lawyers offers a free initial consultation about Queensland WorkCover and workers compensation matters. Depending on the stage of the matter, the discussion may cover a statutory claim, insurer decision, Notice of Assessment, common law process, applicable time limits and the firm’s no win no fee arrangements.
What Is a Free WorkCover Consultation?
A WorkCover consultation is an initial discussion focused specifically on Queensland workers compensation law rather than personal injury law generally.
Queensland’s workers compensation system includes statutory compensation and, in some circumstances, a separate common law damages process.
WorkCover Queensland insures most Queensland employers. However, some employers are licensed self-insurers and manage their own workers compensation claims. This means the relevant insurer is not necessarily WorkCover Queensland in every workplace matter.
During an initial consultation, a lawyer may need to establish which insurer is involved, what stage the matter has reached, what decisions or documents have already been issued and which legal process may be relevant.
When Might Someone Seek Legal Advice About a WorkCover Matter?
Not every workers compensation matter requires a lawyer. People often seek legal information when they are unsure about a decision, a deadline or the interaction between statutory compensation and common law rights.
If you have not yet made a statutory workers compensation claim
A Queensland statutory workers compensation application generally must be lodged within six months after the entitlement to compensation arises, although the legislation contains circumstances in which this requirement may be waived.
A valid WorkCover application generally requires an application for compensation and a work capacity certificate. WorkCover Queensland says it cannot make a decision on a claim without the required certificate.
Some insurer decisions can be independently reviewed through Queensland’s Workers’ Compensation Regulatory Services.
Current WorkCover Queensland guidance states that a worker may be able to request a reason for decision letter within 20 business days and apply for review within three months after receiving that letter. The precise review rights and deadline depend on the decision concerned.
A consultation can be used to understand the decision, relevant documents and the review process that may apply.
If you receive a Notice of Assessment and lump sum offer
At the end of some statutory claims involving permanent impairment, an insurer may issue a Notice of Assessment recording the worker’s assessed degree of permanent impairment and, where applicable, a lump sum offer.
The legal consequences of accepting, rejecting or deferring an offer can differ depending on the assessed degree of permanent impairment.
For example, current WorkCover Queensland guidance explains that where the degree of permanent impairment is less than 20 per cent, accepting the lump sum ordinarily prevents a later common law claim for that injury. Different rules apply where the degree of permanent impairment is 20 per cent or more. For this reason, someone who has received a Notice of Assessment may want to understand the document and its legal effect before making a decision.
If you are considering a common law damages claim
A common law claim is different from a statutory workers compensation claim.
A statutory claim generally operates without the worker having to establish employer negligence. A common law claim requires the worker to establish the relevant elements of negligence, including that the employer breached its duty of care and that the breach caused the injury and resulting loss.
WorkCover Queensland states that a Notice of Claim for Damages usually needs to be submitted within three years of the injury. Individual circumstances can affect legal time limits.
What needs to be discussed depends heavily on the stage of the workers compensation process.
Reviewing your workers compensation documents
Documents may establish:
who the relevant insurer is
when the application was lodged
which injury or condition has been accepted
what decisions have been made
whether review rights exist
whether a Notice of Assessment has been issued.
Reviewing medical information
Medical material can be relevant to statutory compensation, work capacity and permanent impairment.
A Work Capacity Certificate contains information about the work-related injury or illness, treatment requirements and whether the worker can work, requires time away from work or has restrictions.
Understanding statutory and common law processes
A statutory workers compensation claim and a common law damages claim are legally different processes.
A consultation can be used to explain where the matter currently sits and whether another legal process needs to be considered.
Importantly, a common law claim should not simply be described as “switching” from WorkCover. Commencing a common law claim has particular consequences for an existing statutory claim, and WorkCover Queensland states that a statutory claim ends when a common law claim is made.
Reviewing a Notice of Assessment
If a Notice of Assessment has been issued, the relevant information can include:
the injuries assessed
the degree of permanent impairment
any lump sum offer
the worker’s available options
the potential effect of accepting an offer.
The consequences can be significant, particularly where the degree of permanent impairment is below 20 per cent.
Identifying relevant time limits
Different deadlines apply to different parts of the Queensland workers compensation process.
For example, a statutory claim generally has a six-month application period, while a common law Notice of Claim for Damages usually needs to be lodged within three years of the injury. Review processes also have separate deadlines.
What Should You Bring to a WorkCover Consultation?
Having relevant documents available can make it easier to identify what has already happened.
Insurer correspondence
This could include:
WorkCover or self-insurer claim correspondence
the claim number
acceptance or rejection letters
reasons for decision
payment correspondence
Notice of Assessment documents
permanent impairment material.
Medical documents
Relevant records may include:
Work Capacity Certificates
medical reports
specialist reports
rehabilitation documents
permanent impairment assessments.
Workplace information
Where available, documents might include an incident report, employer correspondence or other workplace records relevant to what occurred.
Employment and income information
Depending on the issue being considered, payslips, employment records and information about time away from work may be relevant.
You do not need to obtain every possible document before making an initial enquiry. The documents needed depend on the legal issue involved.
Where Can I Have a WorkCover Consultation in Queensland?
Trilby Misso has 14 Queensland locations. Appointment availability should be confirmed when arranging an in-person consultation.
Published opening hours are Monday to Friday, 8.30 am to 5.00 pm. citeturn688200view0
How Long Does a WorkCover Consultation Take?
There is no single consultation length suitable for every WorkCover matter.
Someone seeking general information before lodging a statutory claim may require a different discussion from someone who has years of medical records, an insurer decision or a Notice of Assessment.
The amount of material requiring review can affect the time required.
Is There a Fee for the Initial WorkCover Consultation?
Trilby Misso’s initial consultation is free.
Where the firm is prepared to provide ongoing personal injury legal services, Trilby Misso operates on a no win no fee basis, subject to the applicable written costs agreement.
Can I have a consultation if my WorkCover claim was rejected?
Yes, you can make an enquiry about an insurer decision. Some decisions may be reviewed by Workers’ Compensation Regulatory Services and time limits apply. WorkCover Queensland currently states that eligible review applications generally need to be lodged within three months after receiving the reasons for decision. citeturn443607search1
Should I accept a WorkCover lump sum offer before obtaining legal information?
Whether an offer should be accepted depends on the person’s circumstances and the legal consequences of the particular Notice of Assessment.
Current WorkCover guidance explains that accepting a lump sum where the degree of permanent impairment is below 20 per cent ordinarily prevents a later common law claim for the injury.
How long after a workplace injury can I seek information about WorkCover?
A person can make an enquiry at any stage, but legal time limits may affect available options. A statutory workers compensation application generally has a six-month period, subject to statutory exceptions, while common law proceedings involve separate limitation requirements. citeturn443607search6turn554692search1
Can I make a common law claim after a statutory WorkCover claim?
Potentially. The statutory and common law systems are separate, and specific requirements apply.
The options available after a Notice of Assessment can depend on the worker’s assessed degree of permanent impairment and whether a lump sum offer has been accepted. citeturn554692search1
What if my employer disputes what happened?
An employer’s position does not by itself determine whether a statutory claim will be accepted.
Statutory workers compensation is generally a no-fault system. The insurer assesses the application under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and relevant evidence.
Common law claims are different because negligence must be established.
Can a WorkCover claim involve a psychological injury?
Yes. Queensland workers compensation legislation can apply to work-related psychological injuries where the relevant statutory requirements are met.
WorkCover Queensland insures most Queensland employers, but licensed self-insured employers manage their own workers compensation claims.
If the employer is self-insured, its workers compensation unit generally performs the insurer function. citeturn520438search0
What if I am a FIFO or interstate worker?
Which workers compensation scheme applies can depend on the employment arrangements and the worker’s connection with a particular state or territory. FIFO or interstate work should therefore not automatically be assumed to fall within the Queensland scheme.
About the Author
Drew Phillips, Senior Associate
Drew Phillips is a Senior Associate at Trilby Misso Lawyers. His work includes Queensland compensation matters involving workplace incidents, workers compensation processes and common law matters.
Drew holds a Bachelor of Laws (Honours) and Graduate Diploma of Legal Practice from Queensland University of Technology and a Master of Laws from the University of Queensland. He holds a practising certificate permitting unsupervised legal practice as a solicitor.
Important Information
This page provides general information about Queensland workers compensation law. It is not legal advice and does not take account of individual circumstances. Eligibility, review rights, common law rights and applicable time limits depend on the relevant facts and law.
Drew Phillips is a Senior Associate at Trilby Misso Lawyers. His work includes Queensland personal injury matters involving serious workplace injuries, WorkCover processes and complex compensation claims.
Drew has experience with workplace injury matters involving serious physical injuries, including amputations, traumatic brain injuries, crush injuries, machinery-related injuries, falls from height, heavy lifting injuries, spinal injuries and permanent impairment issues.
He also works across motor vehicle accident and public liability matters, giving him a broad understanding of how serious injuries can affect a person’s work capacity, treatment, rehabilitation and long-term planning.
Drew’s approach is clear, practical and detail-focused. In major injury matters, he understands the importance of early records, medical evidence, WorkCover documents, incident reports, permanent impairment assessments and the way an injury may affect a person’s future work.
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