WorkCover Lawyers.

WorkCover Queensland is the state’s workers’ compensation insurer. It provides financial and medical support to workers who suffer an injury, illness or condition in the course of their employment.

Injured workers are entitled to claim for ‘no fault’ statutory benefits (including medical treatment, income payments and impairment lump sums) on a temporary basis – usually until their condition stabilises over time.

When the statutory benefits claim draws to a close, the injured worker can decide whether to make a larger ‘fault’ based compensation claim (a ‘common law’ claim) to cover all past and future losses suffered as a result of the work injury.

Most workers in Queensland are covered. This includes:

• Full-time, part-time and casual employees
• Apprentices and trainees
• Many contractors who meet the legal definition of “worker”

Some large employers are self-insured, but the benefits and process are the same. If you’re unsure whether you’re covered, get in touch with us for free advice.

WorkCover benefits are broad and can include:

• Medical expenses – hospital treatment, GP and specialist visits, surgery, medication, and travel to appointments.
• Wage replacement – weekly payments while you’re unable to work.
• Rehabilitation costs – physiotherapy, counselling, retraining, or workplace adjustments to help you recover.
• Lump sum payments – if you are left with a permanent impairment or disability.

These benefits are designed to ease financial stress while you recover and support your long-term wellbeing.

If you make a common law ‘fault’ based claim (ie. if your injury was caused by an unsafe system of work or employer negligence), you will be entitled to claim a once-off lump sum of compensation that may include:

• General damages (pain and suffering, loss of enjoyment of life)
• Past and future income loss and reduced earning capacity
• Past and future loss of super
• Past and future medical treatment costs, equipment, aids, modifications
• Past and future paid care (eg cleaners, gardeners) subject to thresholds

You can lodge a claim with WorkCover Queensland yourself, but getting advice from Gain Lawyers early means your claim is set up properly and your future rights are protected.

The usual steps are:

1. Tell your employer about the injury within 8 days (earlier is best).
2. See a doctor and obtain a WorkCover medical certificate of capacity.
3. Submit a claim form and medical certificate to WorkCover Queensland, including details of how the injury happened.

Where we help: many workers call us before lodging to make sure their form is correct – others after WorkCover has rejected or closed their claim. We also help those midway through their claim that realise their injuries and losses are worse than expected. Even small mistakes in the claim form can limit your entitlements later – speaking to us at the start (or as early as possible) keeps your options open.

You’re not legally required to have a lawyer, but having one makes a big difference – especially if they are an Accredited Specialist. WorkCover is not on your side and can use the law and system against you. Without lawyers, WorkCover can unfairly reject your claim, reduce your access to medical treatment or income payments, or close your claim altogether. Legal advice is critical to ensure you not only receive ‘no fault’ statutory benefits temporarily, but also access any long-term common law compensation you are entitled to claim.

At Gain Lawyers, we:

• Make sure you claim everything you’re entitled to, not just the basics.
• Explore whether you may also have a common law claim for significantly more compensation.
• Handle paperwork, deadlines, and negotiations so you’re not disadvantaged.
• Provide specialist advice in complex cases like catastrophic injury, psychological injury or disputed claims.

If we are not acting on your claim already, the most critical time to call us is when you receive a Notice of Assessment from WorkCover. This Notice finalises your access to ‘no-fault’ benefits and if you take the impairment lump sum on offer, you will be permanently precluded from claiming what may otherwise be a much more significant common law compensation claim. Legal advice is critical.

‍

A Notice of Assessment (NOA) is one of the most important documents in your claim. It sets out your degree of permanent impairment and offers a lump sum payment. If you accept that lump sum, you lose the right to pursue a common law claim – even if your injury proves life-changing and your losses are ongoing.

This decision is an ‘irrevocable election’ and cannot be undone. It often makes the difference between receiving a modest payout and facing an uncertain future, versus securing the full common law compensation you deserve. Unlike the temporary ‘no fault’ claim for benefits, the common law claim encompasses all your past and (particularly) future losses that you will incur because of your injuries. Before signing anything, you should always get legal advice.

Even if you do not have access to a common law claim, we are often able to get your impairment lump sum offer increased from what is noted in your Notice of Assessment.

At Gain Lawyers, we:

• Explain exactly what your NOA means and the options available to you.
• Show you the financial difference between accepting the lump sum and pursuing a common law claim.
• Protect your right to significantly higher compensation if employer negligence is involved.

This is the critical turning point in your claim. Talking to us before you respond to WorkCover ensures you make the choice that truly protects your future.

No. Queensland operates a no-fault scheme, which means you’re entitled to statutory benefits even if the accident was partly your own fault. Proving negligence only becomes relevant if you pursue a common law claim against your employer for higher damages.

‍

Yes. Psychological conditions such as anxiety, depression, adjustment disorders or PTSD can be covered if they arise from your work. Stress, by itself, is not enough unless your doctor or psychologist diagnoses you with a recognised condition. These claims are often more complex – you’ll need medical evidence linking your condition to work, and claims caused solely by “reasonable management action” (like fair performance reviews or discipline) may be excluded. Because of this complexity, legal advice is especially important.

Strict time limits apply, and they differ depending on the type of claim:

Statutory claims – You have 6 months from the date of injury, or from when you first became aware of it, to lodge a claim. This covers weekly payments, medical expenses, and lump sums for permanent impairment.

Common law claims – You have 3 years to bring a common law claim if negligence was involved. This type of claim seeks a larger lump sum to cover both past and future losses.

Missing these deadlines can mean losing your rights entirely, so it’s best to act quickly and seek legal advice as soon as possible.

If WorkCover rejects your claim, you still have options:

• Request a review by the Workers’ Compensation Regulator (within 3 months of rejection or your claim is barred).
• Appeal the decision to the Queensland Industrial Relations Commission (if the review to the Regulator fails).
• Seek legal help early to strengthen your case and protect your rights.

At Gain Lawyers, we frequently overturn unfair denials and make sure you receive the benefits you deserve.

Yes. You can choose your own treating doctor, provided they are a registered medical practitioner. WorkCover may sometimes ask you to attend an independent medical examination (IME), but your choice of doctor is the primary treating practitioner.

WorkCover pays statutory benefits until one of the following occurs:

• Your injury stabilises
• Your total or partial incapacity for work ceases (for weekly income payments)
• You reach maximum medical improvement
• Your statutory claim is finalised or you move into a common law claim

Returning to work does not always mean the claim is closed. Some workers go back to their pre-injury hours and duties, which ends weekly payments but still allows the claim to stay open for medical treatment and rehabilitation support. Others may receive WorkCover payments for only a few weeks or months, while some remain entitled for several years — up to a maximum of 5 years.

If you are assessed as having a permanent impairment, you may also receive a lump sum offer through a Notice of Assessment. At that stage, you’ll need to decide whether to accept the lump sum or pursue a common law claim for significantly higher compensation. This is one of the most critical decisions in your claim, and legal advice is essential before making it.

The amount depends on several factors, including:

• The seriousness of your injury
• How long you’re unable to work
• Whether you have a permanent impairment
• Your medical and rehabilitation needs

For some people, compensation may cover only weekly benefits and medical bills. For others, it could mean significant lump sums or common law damages.

Gain Lawyers can give you a personalised estimate during a free, no-obligation consultation.

Most statutory claims are finalised with WorkCover without court involvement. If you pursue a common law claim, matters are usually resolved through negotiation, mediation, or settlement conferences. Only a small percentage eventually proceed to trial. If court is necessary, we prepare thoroughly and represent you every step of the way.

WorkCover claims are complex, and small mistakes can cost you dearly. At Gain Lawyers, your claim will always be handled by an Accredited Specialist in Personal Injury Law – a credential held by only a select few lawyers in Queensland. With over 23 years’ experience, we’ve acted in thousands of injury claims, from straightforward matters to catastrophic injuries and fatal accident dependency claims.

We cover all costs upfront, never charge uplift fees, and keep our fees 20–40% lower than large firms – meaning more of your payout stays in your pocket. Most importantly, we focus on you: clear advice, direct access to your lawyer, and support that lets you focus on recovery while we fight for your compensation.