Work Injury & WorkCover
Lawyers in Brisbane
WorkCover can cover lost wages, medical treatment and rehabilitation, whoever was at fault, and some injured workers can also make a common law claim. We handle both across Queensland.
- English, Mandarin, Cantonese, Vietnamese
- No Win No Fee
- Free First Consultation
- English, Mandarin, Cantonese, Vietnamese
- No Win No Fee
- Free First Consultation
- Eligibility
Who WorkCover covers
A WorkCover claim is generally available to a worker whose employment was a significant contributing factor to the injury, whether they work full-time, part-time or casually.
Full-Time & Part-Time Employees
Employees injured at work or because of work are generally covered.
Casual & Labour Hire Workers
Casual and labour hire workers are generally covered in the same way as other workers.
Contractors
Some contractors are workers under Queensland law, depending on how the work is arranged. Self-employed people are generally not covered.
Interns, Students & Volunteers
Queensland law extends cover to certain unpaid workers. Work experience students and some volunteers may be covered if injured during their placement.
Full-Time & Part-Time Employees
Casual & Labour Hire Workers
Contractors
Interns, Students & Volunteers
- Common Injuries
Injuries WorkCover can cover
WorkCover can cover physical and psychological injuries, including injuries that develop over time and aggravations of an existing condition. Employment has to be a significant contributing factor, and a stricter test applies to psychological injuries.
Back & Spinal Injuries
Muscle, Tendon & Ligament Injuries
Falls, Slips & Trips
Psychological & Psychiatric Injuries
Fractures & Traumatic Injuries
Repetitive Strain Injuries
Existing Conditions Made Worse
Occupational Illness & Exposure
- Practical Steps
Practical steps after a work injury
A few practical steps help keep a clear record of the injury.
Get medical attention
See a doctor as soon as possible, even if the injury feels minor, and tell them it happened at work. Medical records are evidence of the injury.
Report it to your employer
Let your employer know in writing — even a text or email is enough. Reporting an injury is not the same as making a claim; it creates a record that your employer knew.
Write down what happened
Note the date, time, location, what caused the injury, and any witnesses.
Hold onto everything
Keep any medical certificates, payslips, incident reports and correspondence in one place. If you're unsure what's relevant — keep it anyway.
Get medical attention
See a doctor as soon as possible, even if the injury feels minor, and tell them it happened at work. Medical records are evidence of the injury.
Report it to your employer
Let your employer know in writing — even a text or email is enough. Reporting an injury is not the same as making a claim; it creates a record that your employer knew.
Write down what happened
Note the date, time, location, what caused the injury, and any witnesses.
Hold onto everything
Keep any medical certificates, payslips, incident reports and correspondence in one place. If you're unsure what's relevant — keep it anyway.
- Claim Pathways
Statutory and common law claims
A work injury claim in Queensland starts with a statutory claim. Where an employer's negligence contributed to the injury, a separate common law claim may also be available.
Everyone starts here
Statutory Claim
A statutory claim does not depend on who caused the injury. It is generally the first step before any common law claim.
- Time limit
- Generally 6 months from the day a doctor assesses the injury.
- Lump sum offers
- If the assessed permanent impairment is under 20%, accepting the lump sum offer ends the right to a common law claim. At 20% or more, the worker can accept the lump sum and still seek damages.
May also be available
Available to some — a separate claim after the statutory claim
Common Law Claim
Where an employer's negligence contributed to the injury, a separate common law claim for damages may be available. It covers the longer-term effect of the injury, and negligence has to be proved.
What it can cover
- Lost income — past and future, including missed overtime or promotions
- Superannuation — lost contributions during recovery and into the future
- Care and assistance — paid care (free care from family or friends is generally not covered)
- Medical expenses — past and future, including rehab and travel
- Pain, suffering and loss of enjoyment of life
- Lost income — past and future, including missed overtime or promotions
- Superannuation — lost contributions during recovery and into the future
- Care and assistance — paid care (free care from family or friends is generally not covered)
- Medical expenses — past and future, including rehab and travel
- Pain, suffering and loss of enjoyment of life
- Time limit
- Notice of claim for damages: generally within 3 years of the injury.
Time limits apply
Queensland law sets time limits for work injury claims. An application for WorkCover compensation generally has to be lodged within 6 months of the day a doctor assesses the injury. A common law claim starts with a notice of claim for damages, which generally has to be given within 3 years of the injury.
- How we work
How we work
Personal injury and TPD claims
Ascent's practice is personal injury claims and TPD insurance claims.
Service in your language
Ascent works with clients in English, Mandarin, Cantonese, and Vietnamese.
Principal review
The principal reviews each matter at key stages.
Flexible appointments
After-hours, weekend and online appointments are available by arrangement.
Personal injury and TPD claims
Service in your language
Principal review
Flexible appointments
- How It Works
How a matter proceeds
We Formally Engage
If you decide to go ahead, we provide a costs agreement and formally take on the matter. No upfront payment is required.
We Prepare the Claim
We gather the evidence and medical reports and deal with the insurer on your behalf.
We Formally Engage
If you decide to go ahead, we provide a costs agreement and formally take on the matter. No upfront payment is required.
We Prepare the Claim
We gather the evidence and medical reports and deal with the insurer on your behalf.
- FAQ
Common questions
Common questions
Answers to common questions.
WorkCover Queensland is the main workers' compensation insurer in the state. Most employers are covered through WorkCover, but some larger employers are self-insured — meaning they manage claims directly rather than through WorkCover. Either way, your rights and entitlements are essentially the same. Commonwealth government employees and employees of some national employers are covered by the federal Comcare scheme instead, which has different rules.
Yes. Not all work injuries happen in a single moment. Repetitive strain, gradual hearing loss, psychological conditions and occupational illnesses can all qualify — what matters is the connection between your work and your condition.
Queensland law restricts your employer from dismissing you within 12 months of a work injury if the dismissal is solely or mainly because you're unfit for work due to that injury. Other workplace protections may also apply depending on your circumstances.
Late reporting doesn't automatically rule out a claim, but the application still has to be lodged within the time limit: generally 6 months from the day a doctor assesses the injury.
A rejected or closed claim can be reviewed by the Workers' Compensation Regulator. The application generally has to be made within 3 months of receiving the decision and its reasons.
Generally, yes. Casual and labour hire workers are usually covered in the same way as other workers. Whether a contractor is covered depends on the working arrangement.
No. We act on a No Win No Fee basis for WorkCover claims, so there is no upfront charge. Our professional fees are payable only if the claim succeeds. If your claim goes to court and fails, the court can order you to pay part of the other side's legal costs. Specific cost arrangements are explained at the first consultation.
Not necessarily. A WorkCover statutory claim is decided by the insurer, and a decision can be reviewed and then appealed. A common law claim must go through pre-court steps, including a compulsory conference, before court proceedings can start. If court becomes an option, we explain what it involves before any decision is made.
