Workcover Lawyers Brisbane

Report the injury to your employer as soon as possible and seek medical treatment. If your doctor agrees your injury is work related, they can complete a work capacity certificate, which is required by the insurer along with your initial claim form. 

If you’re unsure what steps to take or want help getting started, we can guide you through the process and make sure nothing important is missed.

You can lodge a WorkCover claim online or by phone. In most cases, your doctor can no longer lodge the claim on your behalf, except in limited circumstances involving serious or catastrophic injuries. You’ll need to provide details about how the injury happened, your symptoms, and your employment. We can help ensure your claim is lodged correctly from the start and includes the right information to avoid delays or disputes.

It is unlawful for an employer to dismiss, disadvantage, or treat you unfavourably because you have lodged a workers’ compensation claim. Most employers comply with their obligations, but issues can sometimes arise around return to work, altered duties, or workplace treatment following an injury. If you’re concerned about how your employer is responding, early advice can help you understand your rights and options. Our Employment Law team actively assists with adverse action and general protections matters, and in appropriate cases, you may also be eligible for support through our Open Door Project, which is designed to improve fair access to employment law representation.

Statutory (no-fault) claim: 6 months
You should lodge your WorkCover application within 6 months after your entitlement to compensation arises (often close to the injury date or first medical consultation). If a claim is lodged more than 20 business days after entitlement arises, back-payment of weekly benefits is generally limited.

If the 6 month limit is missed, time can only be extended in defined and limited circumstances under the legislation. Overall, delay in lodging can significantly affect entitlements, so it’s important to act promptly and seek advice if you’re unsure about timing.

Injuries which develop over time
For injuries such as repetitive strain or some psychological injuries which develop over time, the injury date is taken to be the date you first consulted a relevant health practitioner about the symptoms of injury. This date can affect later steps in the claim process, so early review is important.

Latent onset injuries are treated differently. These are conditions that develop silently over time and are not reasonably identifiable until diagnosis. Common examples include industrial deafness, asbestosis and mesothelioma, silicosis and other mine dust lung diseases, and occupational cancers. For a latent onset injury, the injury date is the date a doctor diagnoses the work-related latent onset condition, rather than the date of exposure or even first symptoms.

Common law (damages) claim: 3 years
If negligence is involved, a damages action must be brought within 3 years of the date the cause of action arose (with special rules for dust-related conditions). Complying pre-court steps must be started in time to protect the limitation period, or otherwise through protections under Schedule 5 of the Workers’ Compensation and Rehabilitation Act 2003.
Time limits are not always straight forward, especially for injuries that emerge over time. It is recommended to seek advice to ensure you are aware what time limits apply to your unique circumstances.

Complex discoveries / later knowledge.
If a material fact of a decisive character wasn’t within your knowledge until late, the court may grant a limited extension (typically up to one year from when that fact came into your means of knowledge), but this is discretionary and fact-specific, so it is recommended to seek professional legal advice. 

We assist with all types of workplace injuries, including:

• Lifting injuries
• Muscular injuries
• Repetitive strain injury (RSI)
• Back, shoulder, knee fractures or breaks
• Disc protrusions and tears
• Slip and fall injuries
• Injuries caused by malfunctioning machines
• Office-related injuries
• Fly-in fly out (FIFO) injuries
• Industrial deafness

If you’re unsure whether your injury is covered, just ask; we’re here to help.

Yes. Psychological injuries such as anxiety, depression, PTSD, or burnout can be compensable if they arise from workplace events or conditions. These claims can be more complex and often require specific medical and factual evidence. In Queensland, however, psychological injuries caused by reasonable management action (such as performance management or disciplinary processes carried out reasonably) are generally not compensable. We can help you understand your rights, assess whether a claim is available, and guide you through what evidence is needed to support it.

Yes. A work-related aggravation of a pre-existing injury or condition can still be compensable under Queensland workers’ compensation. You do not need to have been symptom-free before the injury. WorkCover will look at whether your employment significantly contributed to the worsening of the condition, even if the condition existed beforehand. If accepted, compensation is generally limited to the effects of the work-related aggravation, rather than the underlying condition itself.

You still have options. WorkCover decisions can be reviewed, but strict deadlines apply. Typically, you have three months from the date of receiving written reasons to request a review with the workers’ compensation regulator. It’s important to act quickly so your review rights can be assessed properly and without creating additional time pressure. If your claim is rejected, seek advice as soon as possible so your circumstances can be assessed with an explanation as to your options, and if a review is appropriate, appropriate guidance given through the review process.

You do not always need a lawyer to lodge a WorkCover claim. Many claims are straightforward and progress without legal involvement. That said, legal advice is often beneficial where an injury is serious, recovery is uncertain, or issues arise with liability, treatment, or payments. Seeking advice does not mean you must start legal proceedings. It simply ensures you are informed about your individual circumstances and not disadvantaged later.

Most statutory claims close when you are medically cleared to return to work and no longer need treatment (often described as being stable and stationary or reaching maximum medical improvement).

• • If you’re back at work and otherwise well, you can usually just move forward. 
  • If you think you may need to pursue a common law claim, you must first have a Notice of Assessment (NOA) that assesses permanent impairment for all injuries (physical and psychological injuries will be assessed separately).  
    • An NOA is not always issued automatically. Once your injury is stable, it may need to be requested from WorkCover or your self-insurer.
    • Under Queensland law, you cannot start a common law claim until you have received a NOA for all work related injuries.

If you’re unsure whether to request an assessment or how claim closure affects your options, getting advice can help you avoid missing important steps or time limits.

Your NOA tells you your assessed degree of permanent impairment (DPI) and may include a lump sum offer.

You will receive separate NOA’s for your physical and psychological injuries. It is important to consider each NOA separately as your percentages for the physical injuries and any psychological injuries cannot be combined. For example, having a degree of permanent impairment of 10% for physical injuries and 10% for psychiatric injuries does not equal a total of 20%.

If you’re not pursuing a common law claim:

• If you are happy with the assessment and lump sum offer, you can accept the offer or simply not respond and defer the offer.
• If you disagree with the DPI you can ask for a reassessment but be aware it will replace the first assessment and can go up or down. This means if you receive a lower assessment, you cannot go back and accept your first NOA if it was higher, as it will have been rejected by initiating this process.
• Whether or not you are happy or unhappy with the NOA, it is always recommended to seek independent advice as acceptance of a lump sum can have serious consequences.  

If you are considering a common law claim:

• Be careful with the lump sum election rules tied to your DPI: 

• • Under 20% DPI: if injury is causing less than 20% impairment and you elect to accept the statutory lump sum, you give up your right to pursue a common law claim for that injury (this election is irrevocable). 
  • 20% DPI or higher: you may elect to accept the lump sum for the injury relating to that assessment and still maintain your entitlement to pursue a common law claim. Importantly, if you receive two Notices of Assessment (i.e. one for your physical injury and one for your psychological injury) and one is less than 20%, you should only accept the assessment which is over 20%.
  • It is always recommended to seek independent advice as acceptance of a lump sum can have serious consequences.  

If you receive a Notice of Assessment (NOA), it may include a statutory lump sum offer based on your assessed degree of permanent impairment (DPI).

In Queensland, the lump sum is calculated as at the date the offer is made, not the date of injury. In simple terms, the process works like this:

• The law sets a maximum amount of compensation available for permanent impairment.
• That maximum is calculated using a statutory formula tied to Queensland Ordinary Time Earnings (QOTE), which is updated each financial year.
• The maximum amount is then divided into 100 equal parts, so each 1% of impairment has a set dollar value.
• Your lump sum offer is calculated by multiplying that 1% figure by your assessed DPI.

Example (for illustration only)

If a Notice of Assessment is issued after 1 July 2025:

• The maximum compensation is calculated using the current QOTE.
• Using the formula applicable for the above period the calculation is 216.15 x $1,953.70 = $422,292.25
• The maximum figure is divided by 100 to determine the value of 1%.
• If your DPI has been assessed at 5%, the lump sum offer will be five times the 1% amount (i.e. $21,114.61)

Important: because QOTE changes each year, the value of a lump sum can vary depending on when the NOA is issued.

More importantly, how you respond to a lump sum offer can affect your right to pursue a common law claim. Getting advice before accepting or rejecting an offer can help you in making an informed decision.

A common law claim is separate from your initial statutory claim and allows you to seek additional compensation if your injury was caused by employer negligence, such as unsafe systems of work, inadequate training or supervision, faulty equipment, or workplace bullying (where reasonable management action does not apply). Unlike a statutory claim, a common law claim focuses on fault and may include damages for pain and suffering, past and future loss of income, past and future medical or treatment expenses, and other related out-of-pocket costs. Under Queensland law, a common law claim cannot be started unless a Notice of Assessment has first been issued, and the process is subject to specific legal requirements and time limits.

The length of a workers’ compensation claim depends on the nature of the injury and how long treatment and recovery take. Some statutory claims resolve in weeks, while others continue for months or longer until the condition stabilises and no further treatment is required.

If a common law claim is pursued, the process can take longer. Many matters resolve through conference or mediation, without the need for court proceedings. In some cases, however, a claim may need to progress further to achieve a fair outcome. Where that occurs, the process can take years rather than months.

We focus on resolving claims as efficiently as possible and will not recommend court proceedings unless it is in your best interest and appropriate in your circumstances. We keep you informed throughout, so you understand what stage your matter is at and what to expect next.

The amount of compensation you may receive depends on many factors, including the nature and severity of your injury, your income, your level of permanent impairment, and whether employer negligence is involved. Some claims are limited to statutory benefits, while others may also include a common law component. Every case is different, and outcomes can vary significantly. Once we understand your circumstances, we can explain how the workers’ compensation system applies to you and what options may be available.

We act on a No Win, No Fee basis meaning you only pay our legal fees if your common law claim succeeds, and we provide a clear costs agreement upfront.

Whether you receive a contribution to your legal costs by the other party is determined by the Workers’ Compensation and Rehabilitation Act 2003 and associated Regulation, along with your Degree of Permanent Impairment (DPI) and Notice of Assessment (NOA):

• If your DPI is under 20% when your NOA is issued there is generally no insurer contribution to your legal costs except in limited circumstances (your matter is heard by a court, you are successful, and if protected by prior written final offers). 
• If your DPI is 20% or more when your NOA is issued the insurer is required to contribute to a portion of your legal costs in accordance with the statutory scheme.

Queensland also has important consumer protections around legal fees. The “50/50 rule” places a cap on professional fees in personal injury matters. This is a safeguard, not a default fee or pricing model. If it doesn’t apply, a lawyer cannot simply recover “half” of your compensation; the legal fees must reflect the work performed. 

Our point of difference is how we apply this in practice. We charge fair, proportionate fees and our approach helps keep overall costs down, which is why the 50/50 rule rarely comes into play. Additionally, we take a firm client first approach which means:

• If, for any reason, you decide not to pursue a common law claim at the end of your statutory claim, we will not charge you.
• We never deduct “staged fees” from your NOA lump sum, so you can stay financially secure while any common law claim is being considered or progressed.

We’ll explain how the law applies to your situation, keep you informed at every stage, and tell you plainly if we consider legal costs would outweigh any benefit to you.