How to Appeal WorkCover Queensland Decision

WorkCover Queensland Appeal

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.

Injured? Get expert advice now: Smith's are Queensland's only 100% risk-free injury compensation lawyers. Insist on our 'No Win. No Fee. No Catch' ® promise. Check your rights with no risk or obligations now and talk direct to our Principal lawyer, Greg Smith. Call 1800 266 801 OR  check if you can claim

Decisions you can appeal include:

  • rejection of a WorkCover claim
  • decision to end WorkCover payments
  • decision to decrease payment amounts

Who handles appeals?

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.

Are there time limits to appeal?

Yes.

  • You have 20 days from the date of decision to request a 'decision document' from WorkCover. They should provide this you within five business days. The document should outline how they made the decision. If you feel the reasons provided are valid then you choose to take no further action. If you still wish to appeal then you have 90 days from the date of the decision document letter to apply for a review by the regulator, QCOMP.

How to appeal a rejected WorkCover claim

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.

Lodging an appeal

You will need details of your claim available including:

  • Claim number
  • Employer details
  • Facts relating to the claim
  • Decision document from WorkCover.

Key Steps

  1. Fill out the Worker’s Compensation Regulator Application for Review Form - this can also be lodged online.
  2. Provide your explanation of why the insurer’s decision is wrong.
  3. Provide any supporting documents to your application such as medical reports and witness statements.
  4. Sign and submit the application form to the Workers’ Compensation Regulator within the 3 month time limit.

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.

Assistance to Understand Your Rights

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.

Next steps - get advice now

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.

Get Advice Now
Last update on:
May 29, 2018
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1800 266 801 or chat via live chat to arrange free initial advice with our Principal lawyer, Greg Smith.

RELATED ARTICLES

Get expert advice today

STart my claim