What to do in the event of an injury

If one of your workers suffers a work-related injury, they may have a right make a claim for workers' compensation. Queensland's statutory workers' compensation scheme is a no fault scheme (e.g. an injured worker is entitled to statutory compensation regardless of whether it is the worker's or the employer's fault that the injury occurred). Workers' compensation may include weekly compensation (for lost wages), medical/rehabilitation expenses, and reasonable travel costs.

Issues of fault and negligence (including contributory negligence by a worker) may be dealt with in a common law action for damages. Access to common law is available to all workers in Queensland who can prove negligence against an employer and who have a work-related injury. Damages may include compensation for pain and suffering or economic loss. The employer is covered for the cost by WorkCover Queensland through their accident insurance policy.

The injured worker needs to lodge a claim with WorkCover Queensland if their employer is not self-insured.

Insurer obligation to give information statements

From 1 January 2025, workers' compensation insurers must give an injured worker and their employer an information statement approved by the Workers’ Compensation Regulator about the workers’ compensation scheme after a claim is lodged.

The Workers’ Compensation Regulator has approved the following information statements for download and use:

These statements are designed to help workers and employers navigate the workers' compensation process and understand their rights and obligations in the scheme.

Insurers can provide the statements to workers and employers in various ways including in person, by mail or electronically (such as by email or a link in an email).

Failing to give a statement is an offence and penalties apply.

Work-related injuries

A work-related injury may include:

  • physical injuries, such as a cut, burn or fracture
  • diseases, such as industrial deafness and work-related respiratory diseases
  • an injury sustained while travelling to or from work
  • an injury while on a recess either at work or away from work
  • psychiatric or psychological conditions such as anxiety or depression
  • aggravation of a pre-existing condition
  • critical injuries, such as spinal cord injuries, blindness or loss of a limb
  • death from an injury, disease or aggravation of a disease.

Lodging a workers' compensation claim

If one of your workers is injured, the following steps should be taken:

  1. The worker notifies you immediately.
  2. You assess the situation to make sure they're safe. Call 000 if it's an emergency.
  3. Check if you need to report the incident to Workplace Health and Safety Queensland.
  4. The worker sees a doctor to get a Work Capacity Certificate – Workers' Compensation.
  5. The worker lodges a claim with WorkCover Queensland (you may also lodge a claim for your worker).

As an employer, you cannot give a worker a benefit (financial or other benefit) or cause detriment to a worker (e.g. threaten to dismiss or disadvantage) to influence them not to apply for compensation.

You must provide timely wage information to your insurer (within 5 business days of the insurer's request) so they can calculate your worker’s weekly compensation entitlement.

If the injury results in a death, you must lodge a fatal injury claim with WorkCover Queensland by phoning 1300 362 128.

You must pay the worker for the day of the injury. This is separate to compensation paid from your insurance and must not come out of the worker's sick leave, holiday leave, or any other entitlements.

You will also need to pay an excess to WorkCover Queensland. This represents the first payment of weekly compensation.

The sooner a claim is lodged, the less it will cost you, as WorkCover Queensland can make a decision and start paying the claim sooner. WorkCover Queensland will then help your worker get back to work as safely and as soon as possible.

Rehabilitation for return to work

Workers' compensation laws require employers to provide rehabilitation to support an injured worker to return to work early and safely.

If you have an injured worker, they must advise WorkCover Queensland when they are medically fit to return to work. They may need to take part in a rehabilitation program, which could include medical treatments and suitable duties until they fully recover from their injury.

Your workers' compensation insurer will work with you, the injured worker, as well as medical or rehabilitation specialists to develop a rehabilitation and return to work plan for your worker within 10 business days of the worker's claim being accepted.

You must offer flexible working arrangements and/or suitable duties to help your worker come back to work if needed. This may include working from home arrangements and/or a staged return to work.

Talk to your insurer about options if you believe you are unable to provide suitable duties for an injured worker.

A worker may choose their own treating medical provider, and you can't be present during a worker’s medical treatment without your worker's genuine consent.

Ensure your rehabilitation and return to work coordinator manages and monitors your worker's return to work process. If you do not meet the requirements to have a rehabilitation and return to work coordinator, ensure a suitably competent and qualified staff member is managing this process.

The WorkSafe website provides information on rehabilitation and return to work, including return to work planning.

Directors, partners or sole traders

Workers' compensation legislation does not cover directors, partners or sole traders. If these arrangements apply to you, read more about Workplace personal injury insurance to insure yourself against work-related injury or illness,

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