Information on your rights to appeal work compensation related decision by WorkCover Queensland.
There are a variety of reasons why WorkCover may choose to decline your claim. For example, your application may not have been lodged on time, or WorkCover may decide that your injury was not substantially caused by a work-related event.
If your claim is rejected, first speak with your claims representative. If you are not happy with their response, you can appeal the decision through the Workers’ Compensation Regulator’s review process. The Workers’ Compensation Regulator is not part of WorkCover so its decisions are independent and the appeal is free.
Appeals to WorkCover Queensland (and self-insurer) decisions are handled by a third party, QCOMP. QCOMP (part of Workers' Compensation and Policy Services, Office of Industrial Relations, Department of Justice and Attorney-General) can make decisions independently to the workers compensation insurer.
You may appeal an unfavourable decision made by WorkCover by applying for an independent review by the Workers’ Compensation Regulator.
We recommend reviewing the latest information available on the Worksafe website or calling the QCOMP Reviews & Appeals Unit on 1300 739 021.
You will need details of your claim available including:
The Workers’ Compensation Regulator will make their review decision within 25 business days. You will have the right to appear before the Regulator, either in person or over the phone to discuss your side of the matter. Although you are not required to have a lawyer it is recommended that you get a lawyer to assist you to prepare your appeal to give you the best prospects of winning.
The laws and regulations regarding workers compensation are very complicated & information provided by the regulators can be difficult to understand.
There are a number of avenues available to help you understand your rights including:
Queensland Council of Unions (QCU) - 1800 102 166
You are also entitled to seek legal advice regarding your WorkCover claim. You can contact us on 1800 266 801, via live chat (when available) or request a callback below.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
Been injured at work? Find out if you need to sign an authority from my employer providing access to your medical records as part of WorkCover workers comp claim.
Have you been asked to go for a workers comp medical exam? Understand how these examinations work or how they differ from a regular medical examination.