Workers compensation lawyers in Brisbane advise on Queensland WorkCover statutory claims, common law damages claims, psychological injuries, review applications and QIRC appeals. Statutory claims are generally no-fault, while common law claims require proof of employer negligence.
Key Takeaways
Queensland employers must insure people who meet the legal definition of a worker, although eligibility depends on the employment arrangement.
Statutory WorkCover benefits are generally available without proving employer fault where the legislative requirements are met.
A separate common law claim may be available where employer negligence caused or contributed to the injury, subject to eligibility requirements.
Workers compensation can include weekly compensation, treatment and rehabilitation expenses and, in some circumstances, permanent impairment or common law damages.
When can I claim workers compensation in Brisbane?
A Brisbane worker may be eligible for Queensland workers compensation where they meet the definition of a worker and their employment is a significant contributing factor to an injury or illness. The scheme is governed by the Workers’ Compensation and Rehabilitation Act 2003.
Workers compensation can apply to:
physical injuries arising from work
psychological or psychiatric injuries arising from work
diseases or illnesses associated with employment
aggravation of a pre-existing condition where employment significantly contributed to the aggravation
industrial deafness and occupational diseases
certain injuries occurring while travelling to or from work
fatal work-related injuries, with statutory entitlements potentially available to eligible dependants.
Journey claims still exist in Queensland. Section 35 of the Act covers certain journeys between a worker’s home and place of employment. However, exclusions can apply where there has been a substantial delay, interruption or deviation, or in certain circumstances involving unlawful driving conduct.
Psychological injuries can also be covered. However, a psychological or psychiatric disorder arising from reasonable management action taken in a reasonable way is excluded from compensation.
What is the difference between WorkCover and a common law claim?
A statutory WorkCover claim and a common law workers compensation claim are different parts of Queensland’s workers compensation system.
Statutory WorkCover claim
Common law claim
Generally operates on a no-fault basis
Requires proof that an employer was negligent
Can provide weekly compensation
Can include past and future economic loss where established
Can fund reasonable treatment and rehabilitation
Can include general damages for pain and suffering
May provide a permanent impairment lump sum
Can include future treatment, care and other recognised losses where recoverable
Does not require proof that the employer breached a duty of care
Liability, causation and damages must be established
A worker may receive statutory compensation before considering common law rights, but the interaction between the two requires care.
Where a worker receives a Degree of Permanent Impairment, or DPI, below 20%, accepting a statutory lump sum offer generally prevents a later common law claim. If the DPI is 20% or higher, different rules apply and the worker may accept the statutory lump sum and still pursue common law damages.
A common law claim is therefore not simply an automatic second payment after WorkCover. Eligibility depends on negligence, evidence and the statutory requirements.
Brisbane industries and workplaces we act for
Workers compensation issues arise across Brisbane’s varied employment sectors. The location examples below provide Brisbane-specific context and do not indicate that any named hospital, organisation or business is a current or former Trilby Misso client.
Brisbane industry quick navigation
Construction
Healthcare
Retail and hospitality
Government
Office
Logistics and industrial
Fortitude Valley, Newstead, South Brisbane, West End, Herston
Major Brisbane hospitals and health services
CBD, Queen Street Mall and suburban centres
State and local government
CBD, Fortitude Valley, Newstead, Milton
Port of Brisbane, Wacol, Rocklea, Northgate
Construction
Construction workers can be exposed to manual handling risks, falls, machinery incidents and other hazards. Brisbane has substantial construction activity across Fortitude Valley, Newstead, South Brisbane, West End, Herston and the wider metropolitan area.
Healthcare
Brisbane’s healthcare workforce includes employees working at the Royal Brisbane and Women’s Hospital, Princess Alexandra Hospital, Mater Hospital Brisbane, Queen Elizabeth II Jubilee Hospital, Queensland Children’s Hospital and The Wesley Hospital, as well as community health, aged care and private healthcare settings.
Retail and hospitality
Workers compensation issues can also arise in retail, restaurants, hotels and hospitality venues throughout the Brisbane CBD, Queen Street Mall and suburban shopping precincts.
Government and public sector
Queensland Government departments, Brisbane City Council and other state and local public sector workplaces employ large numbers of Brisbane workers.
Some Commonwealth Government employees are covered by the federal Comcare scheme rather than the Queensland workers compensation scheme, so the applicable jurisdiction depends on the employer.
Office work
Office-based injuries can include physical conditions associated with workplace incidents, repetitive work and aggravation of existing conditions, as well as eligible psychological injuries. Major office precincts include Brisbane CBD, Fortitude Valley, Newstead and Milton.
Warehousing, logistics and manufacturing
Warehousing, transport, logistics and industrial employment is concentrated in areas including the Port of Brisbane, Wacol, Rocklea and Northgate.
How do I make a WorkCover claim in Brisbane?
A Queensland WorkCover claim generally follows these steps.
Step 1: Report the injury
Notify your employer of the work-related injury or illness as soon as practicable.
Step 2: Obtain a Work Capacity Certificate
A valid Work Capacity Certificate is required for a WorkCover claim. Depending on the condition, it can be completed by a doctor, a nurse practitioner for minor injuries, or a dentist for oral or dental injuries.
Step 3: Lodge the workers compensation application
A claim can be made through WorkCover Queensland online or through another method made available by WorkCover.
Step 4: The insurer assesses the claim
The insurer considers matters including worker status, how and where the injury occurred, medical evidence, timing and whether employment was a significant contributing factor where that test applies.
WorkCover states that most claims are decided within 20 business days. Where a decision is delayed, the worker must be informed and reasons provided.
Step 5: Statutory compensation may commence
If accepted, statutory compensation can include weekly payments and reasonable treatment, rehabilitation and associated expenses permitted by the scheme.
Step 6: Review rights apply if the claim is not accepted
A worker can seek an independent review of certain insurer decisions through the Workers’ Compensation Regulator. This is different from an internal WorkCover review.
Step 7: Consider whether common law rights arise
Where employer negligence caused or contributed to the injury, a separate common law claim may be available.
How much compensation can I get for a Brisbane workplace injury?
There is no standard amount for a Brisbane workers compensation claim. Statutory compensation and common law damages are calculated differently.
Statutory WorkCover compensation
Depending on the circumstances, statutory entitlements can include:
weekly compensation while work capacity is affected
reasonable medical and rehabilitation expenses
certain travel and associated expenses
a lump sum where a permanent impairment is assessed.
Weekly compensation is calculated under the Workers’ Compensation and Rehabilitation Act using concepts including Normal Weekly Earnings, or NWE, Queensland Ordinary Time Earnings and, where relevant, an applicable industrial instrument.
For many workers covered by an industrial instrument, the first 26 weeks involve a calculation using 85% of NWE or the applicable industrial instrument amount. Different rates and step-down provisions apply later and to different categories of workers.
Permanent impairment is assessed as a Degree of Permanent Impairment, not a GEPIC assessment.
Common law damages
Where negligence is established, recoverable damages may include:
general damages for pain and suffering
past and future economic loss
past and future treatment expenses
loss of superannuation associated with economic loss
care and assistance where the legal requirements are satisfied.
General damages for Queensland workers compensation common law claims use the ISV framework contained in the Workers’ Compensation and Rehabilitation Regulation 2025, including the injury ranges in Schedule 14.
Actual compensation depends on individual circumstances and is determined on a case-by-case basis under the relevant Queensland legislation.
What if my Brisbane WorkCover claim was denied?
An insurer may decline a claim for reasons including a dispute about whether the person meets the definition of a worker, whether employment significantly contributed to the injury, medical causation, timing or whether a statutory exclusion applies.
For psychological claims, reasonable management action taken in a reasonable way can also be relevant.
If a worker disagrees with an insurer’s decision:
The worker may ask the insurer for a written reasons for decision document within 20 business days of being advised of the decision.
An application for independent review can generally be lodged with the Office of Industrial Relations within 3 months of receiving the insurer’s written decision.
If dissatisfied with the review decision, an appeal may be lodged with the Queensland Industrial Relations Commission within 20 business days of receiving notice of the review decision.
A worker may represent themselves or obtain legal representation for a review or appeal.
What are the time limits for a Brisbane workers compensation claim?
Different parts of the Queensland workers compensation system have different deadlines.
Step
General timeframe
Statutory WorkCover application
WorkCover currently directs workers to lodge within the applicable statutory period, including the 6-month claim requirement and rules concerning medical assessment of incapacity
Request reasons for insurer decision
Within 20 business days of being advised of the decision
Independent review application
Generally within 3 months of receiving the insurer’s written decision
QIRC appeal
Within 20 business days of receiving notice of the review decision
Common law Notice of Claim for Damages
Generally within 3 years of the injury
Late statutory applications can sometimes be accepted where legislative exceptions apply.
The standard pre-court notice for a Queensland workers compensation common law matter is a Notice of Claim for Damages under the Workers’ Compensation and Rehabilitation Act 2003. It is not the 9-month PIPA Part 1 Notice referred to in the general Personal Injuries Proceedings Act process.
What does a Brisbane workers compensation lawyer cost?
Trilby Misso provides common law workers compensation legal services on a no win no fee basis, subject to the terms of the applicable written costs agreement.
A lawyer is not required to lodge a straightforward statutory WorkCover application. Workers may also represent themselves during the review process or obtain legal representation depending on their circumstances.
Trilby Misso publishes selected information about previous matters separately from this service page. No settlement figures, testimonials or individual outcomes are reproduced here.
See the firm’s case studies for separately published material.
Can I claim if I was injured commuting to my Brisbane workplace?
Potentially. Queensland legislation recognises certain journey claims between a worker’s home and place of employment. However, eligibility can be affected by a substantial delay, interruption or deviation from the journey and certain driving offences. Each journey claim is assessed according to its particular circumstances.
What if my employer disputes that my injury happened at work?
The insurer, rather than the employer alone, determines whether a statutory claim is accepted. The insurer can consider medical evidence, employer information, witness evidence and how the injury occurred. A worker can seek an independent review if an insurer makes a reviewable decision they disagree with.
Can I claim for psychological injury caused by workplace bullying in Brisbane?
Potentially. Work-related psychological conditions such as anxiety, depression or PTSD can fall within the Queensland scheme where the statutory requirements are met. However, a psychological injury arising from reasonable management action taken in a reasonable way is excluded. The circumstances and medical evidence therefore matter.
What happens to my job while I am on WorkCover?
Queensland employers have rehabilitation and return-to-work obligations. An employer must not dismiss a worker within 12 months of an injury solely or mainly because the worker is not fit for employment because of that injury. Other workplace laws can also apply to dismissal, redundancy and employment rights.
Can I claim WorkCover if I am a subcontractor working on a Brisbane site?
Possibly. Having an ABN or being described as a contractor does not automatically determine workers compensation status. Some contractors meet the statutory definition of a worker, while genuine independent contractors may not. The actual working arrangement and contractual relationship need to be considered.
Do I need a lawyer to lodge a WorkCover claim in Brisbane?
No. A worker can lodge a statutory workers compensation application directly with WorkCover Queensland or the relevant self-insurer. Legal representation is not compulsory. A person may separately seek legal advice about review rights, permanent impairment, common law rights or other issues arising during the claim.
Can I make a common law claim if my statutory WorkCover claim was accepted?
Potentially. A common law claim is separate from statutory compensation and requires proof of employer negligence. Permanent impairment and any statutory lump sum offer can affect common law rights, particularly where the assessed DPI is below 20%, so the applicable statutory rules must be considered.
Can I claim if work aggravated a pre-existing condition?
Potentially. Queensland workers compensation can cover an aggravation of a pre-existing condition where employment satisfies the statutory test, including being a significant contributing factor where required. The existence of an earlier condition does not by itself prevent a claim, although medical evidence about causation can be important.
Official workers compensation resources
WorkCover Queensland for statutory claims, Work Capacity Certificates and compensation information
Workers’ Compensation and Rehabilitation Act 2003 (Qld)
The primary legislation governing Queensland workers compensation, statutory entitlements, common law claims, rehabilitation and review rights. Queensland Legislation
Workers’ Compensation and Rehabilitation Regulation 2025 (Qld)
Contains current provisions relevant to workers compensation, including the ISV framework and Schedule 14 injury ranges for common law general damages. Queensland Legislation
Limitation of Actions Act 1974 (Qld)
Contains the general Queensland limitation framework relevant to personal injury actions. Queensland Legislation
Drew Phillips is a Senior Associate at Trilby Misso Lawyers. His practice includes Queensland compensation matters involving incidents at work, on the road and in public places.
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.
Disclaimer: This page provides general information about workers compensation in Queensland. It is not legal advice and does not take account of individual circumstances. Actual compensation depends on individual circumstances and is determined on a case-by-case basis under the relevant Queensland legislation.
Drew Phillips
Senior Associate
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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