Terminated but Not Defeated: Exploring the Possibility of Filing a WorkCover Claim After Employment Termination

Terminated but Not Defeated: Exploring the Possibility of Filing a WorkCover Claim After Employment Termination

Published on 20 June 2023
Last updated on 6 February 2024

The answer is yes. While the law dictates that a WorkCover claim should be lodged as soon as possible after the injury occurs, it is still possible to submit a claim even if there has been a significant time lapse between the injury and termination from employment.

For instance, an individual may experience an injury, only to be terminated from their job two years later. Despite the time lapse, a WorkCover claim may still be lodged and accepted, even if the injury was not reported to the employer at the time.

The crucial factor in the success of a WorkCover claim is evidence. It is essential to provide evidence that demonstrates the injury occurred in the manner stated. This may involve visiting:

  • A doctor
  • A physiotherapist
  • Another healthcare practitioner
  • The hospital for treatment

Additionally, discussing the injury with past or present work colleagues may also be useful.

While reporting the injury to the employer as soon as possible after it occurs may aid in the acceptance of a WorkCover claim, it is not the sole determining factor. Ultimately, it is necessary to prove that the injury occurred in the manner stated, and this proof lies in the evidence presented.

Therefore, it is indeed possible to lodge a WorkCover claim after being terminated from employment, provided that there is sufficient evidence to support the claim.


Terminated but Not Defeated: Exploring the Possibility of Filing a WorkCover Claim After Employment Termination


1. Is my claim likely to be accepted initially?

It is natural to wonder whether your WorkCover claim is likely to be accepted initially. However, if you have waited until after your termination to lodge your claim, it is possible that it may be subject to closer scrutiny to determine if there are any ulterior motives behind it.

Ultimately, the success of your claim will depend on the available evidence that supports your assertion that you suffered an injury in the manner described. The timing of the claim may also play a role in its initial acceptance or rejection. In general, the longer you wait to lodge a claim, the less likely it is to be accepted initially. However, this is not always the case.

Your claim is more likely to be accepted if you have a valid reason for the delay in lodging it. For example, if you initially believed that your injury would heal with time but it became apparent over time that it would not, you may still be able to successfully lodge a WorkCover claim.

In summary, the likelihood of your WorkCover claim being accepted initially will depend on the evidence you present and the reasons for any delay in lodging your claim.


2. How to lodge a workers compensation claim post termination?

To begin the process of lodging a WorkCover claim, you will need to complete a copy of the claim form. Take the time to carefully read through the form before filling it out. You should list the details of your injury and how it occurred, but there is no need to provide excessive amounts of details at this stage, as you will have the opportunity to do so later.

If there were any witnesses to the incident or anyone you informed about your injury who may be able to assist your claim, it is important to note their details on the form.

Once you have completed the claim form, you will need to serve a copy of it on either your former employer or WorkCover QLD. Be sure to keep a copy of the claim form for your records.

Depending on the nature of your claim, the insurer may organize an appointment for you to be assessed by an independent medical examiner and may also engage in a circumstance investigation report. This report involves speaking to your former colleagues, your former boss, and you, to produce a report on the facts of the case.

Once the insurer has made a decision about your claim, they will send you correspondence with their decision.

Disclaimer: Ascent Lawyers owns all copyright in the text. This article is of a general nature and should not be regarded as legal advice or relied on for assistance in any particular circumstance or emergency situation. To obtain legal advice in relation to your own circumstances, please contact us for consultation.

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