How do I lodge workers’ compensation?

Workers’ compensation is available to workers injured in connection with their employment in Queensland. The basic qualifying test will be if you were injured at or because of work. 

If you are injured or suffering an illness because of work, you should:

• • • See your doctor and report the injury/illness. The doctor will issue you with a workers’ compensation medical certificate (work capacity certificate)
    • You should report the injury/illness to your supervisor/manager and give them a copy of your medical certificate
    • You will need to lodge a claim form with WorkCover Queensland 
    • Keep a copy of the claim form and medical certificate 

There are two types or phases to a workers’ compensation claim:

Statutory Workers’ Compensation Claim

By lodging a claim form and medical certificate (capacity to work certificate), you can access statutory workers’ compensation benefits.  

If you can establish that your injury or illness was caused at or because of work, the claim will be accepted. It is not necessary that you establish fault or negligence to access the benefits offered under a statutory workers’ compensation claim. 

Through this claim you will be entitled to medical treatment and lost wages incurred as a result of injury or illness related to your employment. This works as a short-term solution to help you immediately.  

Common Law Claim

In this claim lawyers will work to seek compensation beyond that covered by the statutory claim.  

To be successful in a common law claim, the lawyers will need to again establish that you were injured or became sick at or because of work. However, they will also need to establish that the employer was at fault and was negligent in their duty to you. 

They will seek compensation for your injury and illness taking into account your injury and impact on your enjoyment of life, ability to work now and in the future, medical needs in the future and any assistance you may require. 

By making an enquiry with our legal team, we can consider your unique circumstances and advise you of the best way to access workers’ compensation in Queensland.

Further reading on workers’ compensation in Queensland

https://www.worksafe.qld.gov.au/claims-and-insurance/compensation-claims

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