Nobody expects to be injured at work, but work-related injuries can happen when you least expect them. At such a time, it’s essential to know what to do following a workplace accident, or an injury or illness that may develop over time, such as:
Regardless of your job or industry, every worker has the right to come home safe and well. But many workers could still be at risk. So, when something goes wrong, you should know what to do next to recover and protect your legal rights.
After all, Queensland’s workers’ compensation claims can be complicated, and small mistakes can cost you the support you need to recover from work injuries.
If you have been injured by an accident at work, The Workers’ Compensation Lawyers QLD can explain your rights and entitlements, including whether you have a valid WorkCover claim. Our free claim review can explain the following:
Pay only for a win and zero if you lose. It’s free to learn your options. Call 1800 575 023
Even if you only have minor injuries, what you do after an accident at work can impact your recovery and financial situation. Decisive action after a work-related incident can safeguard your eligibility for a workers’ compensation claim and help your family while you heal.
In Queensland, there are various types of workplace injury claims based on the nature and severity of your injury. Once approved, they can help cover:
If your injury results in a permanent disability, you may also be eligible for lump sum compensation.
The first step for any physical or psychological workplace injury is to report the accident (or series of events) to your employer. Therefore, you should report the injury to your manager as soon as possible. Most employers will have an injury logbook where you record the following:
Documenting workplace accidents can help establish a history of safety issues. And, reporting early not only meets the legal requirements but also helps prove your case by creating a paper trail of what happened.
Gathering the right evidence is key to an approved workers’ compensation claim. Useful evidence includes:
Under the Queensland Work Health and Safety Act 2011, employers are required to provide a safe work environment. Also, record any evidence that indicates negligence, such as:
The above details can indicate a breach of duty, which may help establish employer negligence.
After a workplace injury, seek medical attention as soon as possible, regardless of the injury’s severity.
Even if your employer suggests seeing a company doctor, remember that you have the right to see your own doctor, who is familiar with your medical history and can provide a more accurate diagnosis and treatment plan.
Also, remember that medical appointments are confidential. Your privacy matters, and having a private session ensures that your treatment remains confidential and private between you and your doctor.
For employees with psychological injuries like stress, depression or trauma from workplace conditions, seeing a psychologist or psychiatrist is essential.
Finally, ensure that your doctor provides you with a work capacity certificate. This document verifies your condition and supports your claim for workers’ compensation benefits.
If you’ve been injured at work, a qualified workplace injury lawyer can explain your rights and entitlements. A personal injury lawyer can also explain:
You will need evidence when claiming workers’ compensation benefits from WorkCover. They typically require proof of all medical expenses, regardless of the amount. These documents include receipts for doctor visits, medications and travel. For example, if you need to relocate to Brisbane or another town in Queensland for treatment, you may also claim accommodation costs.
If you’re going to pursue a common law claim, you’ll need even more documentation. Keep a diary of all your medical appointments, scan results, reports, assessments and anything else related to your injury and recovery.
From the moment you get injured, start documenting everything yourself. If your workplace doesn’t have an incident log, you can create one by noting these details:
Keep a separate file of your medical evidence. This should include:
Visual proof can support a claim. If safe, take photos of the accident scene, faulty equipment and anything else that contributed to the injury. Keep these with your written notes.
To stay organised, consider keeping a personal recovery diary to log pain levels, work you’ve missed, and all communication with your employer or WorkCover QLD.
WorkCover Queensland manages workers’ compensation claims and can cover lost wages, medical costs and other expenses when you’re injured at work. To lodge a claim, you’ll need to provide the following:
Once you’ve submitted a claim form, WorkCover will assess your application and decide if your work accident injuries are compensable. If approved, you may receive weekly payments to compensate for lost income and assistance with your medical treatment and recovery costs.
You could also receive other support, such as physiotherapy, job retraining, or workplace modifications. During this time, your boss, your doctors, and your therapists are all working to help get you back to work.
In Queensland, there are multiple time limits for work accident injury claims. The time constraints alter depending on your situation, so it’s best to seek advice to understand your lodgement dates. But here are the general time limits.
If you miss your lodgement dates, you typically lose your right to compensation forever, even if your injury is serious.
The amount you get for a work injury depends on a few factors, including
Under statutory workers’ compensation through WorkCover Queensland, you may get weekly payments and be eligible for a whole-person impairment payout, which is a lump sum payment.
In cases that involve employer negligence, you may be eligible to make a common law damages claim, which can provide compensation for:
Compensation amounts vary widely (even for the same type of injury) and depend on your unique circumstances. Remember, any contributory negligence on your part (if you were partly to blame for the injury) can reduce the total amount of compensation awarded.
Safer workplaces are built by managers and employers who actively prevent accidents and injuries. They do this through safety programs and strategies. Here are some recommended prevention measures:
Training employees in first aid and CPR is key.
Employees often notice safety hazards that employers miss. Encouraging open communication and making it easy for workers to report unsafe conditions can help address potential risks before accidents happen.
In an emergency, clear and unobstructed emergency exits are crucial for everyone in the workplace.
Conduct regular risk assessments of employees’ workstations to minimise the risk of injuries due to poor ergonomics, repetitive tasks or prolonged sitting.
If you can’t work again in your usual job, you may be eligible for a Total and Permanent Disability (TPD) payout. TPD cover is often held through your superannuation fund or a separate insurance policy.
An approved TPD claim provides a one-off lump sum payment to help you with living expenses, medical bills and the cost of home modifications.
There are 11 main workers’ compensation schemes in Australia, which are connected to services and support provided by each employer’s workers’ compensation insurer. They require employers to notify them of certain types of incidents, such as death, serious injury or dangerous incidents, so they can follow up and make safety improvements.
Each state and territory in Australia has its own workers’ compensation scheme (and three commonwealth schemes), governed by different laws that may vary in operation. Below are links to each state’s workers’ compensation regulator:
Safe Work Australia represents the Commonwealth, states, territories, workers, and employers in national policy. Their aim is to promote safe and healthy workplaces that are more productive by enhancing WHS and workers’ compensation arrangements.
If you’re injured at work, whether it’s a minor or major injury, your employer must help you see a doctor
A serious injury is any injury that requires more than basic first aid. This can be stitches, ongoing medical treatment or rehabilitation. Common causes of serious injuries are:
A workplace injury is any harm that occurs while you’re doing your job or activities directly related to your work. This includes:
These can include physical injuries, psychological conditions, or illnesses resulting from the work environment.
If you are injured at work, you may be eligible to claim compensation through a workers’ compensation scheme. In Australia, your employer must have insurance cover that protects employees if they suffer a work-related illness, physical injury or mental illness.
To qualify for payments, you must lodge a claim through your employer’s work injury insurer with medical certificates (which is generally WorkCover in Queensland)
An accident at work is often known as a:
The above terms all relate to an unexpected workplace incident that physically or mentally harms an employee.
