Yes, is the simple answer. Apprentices and trainees in Queensland are fully entitled to workers' compensation coverage under the same laws that protect all workers. Apprentices are classed as workers and are covered just like any other employee.
Many young workers don't realise this, which can lead to delays in getting treated and even losing entitlements altogether.
The facts: Your employer must provide WorkCover insurance that covers you against work-related injuries, regardless of age or experience.
This guide explains what coverage you're entitled to, how to make a claim, and what steps to take if you're injured during your apprenticeship or traineeship. Let’s jump in.
Understanding Workers' Compensation for Apprentices and Trainees
Are apprentices and trainees legally considered "workers" in Queensland?
Yes, apprentices and trainees employed under formal agreements are covered under the Workers' Compensation and Rehabilitation Act 2003. That’s to say, they come under the definition of "worker" used in this legal framework.
In short, what this means is that you have the same rights as any other employee. The key requirement, though, is that you are employed under a formal, registered training contract.
Real-life examples of workplace injuries where apprentices and trainees can claim:
- A 17-year-old plumbing apprentice is injured while learning to fit pipes on a worksite.
- A hospitality trainee suffers burns in a commercial kitchen during their traineeship.
- Or, an apprentice electrician develops a back injury from lifting heavy equipment.
What if I’m an apprentice or trainee who’s still at school?
Put simply, if you are still enrolled in school, you are still covered by workers' compensation as an apprentice or trainee.
Am I covered for unpaid or only paid work?
It’s true that, while apprentices and trainees can receive paid work, time spent working or training can go unpaid. But don’t worry. As far as the law is concerned, if you are performing work duties of any kind on-site, paid or unpaid, you’re covered.
Things to consider, though:
- Coverage applies for every hour spent at your employer's workplace, i.e. on-site
- It may not extend to unpaid training time if you are working off-site (this really depends on the details of the contract you have with your employer)
Your Rights and Entitlements
What you're entitled to:
Medical and hospital expenses: This includes all reasonable and necessary costs for your treatment, especially things such as doctors, specialists, physiotherapy, and medications.
Weekly wage replacement payments: For most, this comes to around 85% of your pre-injury earnings for the first 13 weeks, becoming 80% thereafter (WorkCover Queensland do set a maximum weekly limit, however).
Return to work support: Rehabilitation services, changes to your workplace, and gradual return to work programs in line with recommendations from health professionals.
Lump sum payments: If you suffer a permanent impairment, you may be entitled to a lump sum payment; it all depends on the severity of your injury.
Common law damages: Serious injuries with a whole person impairment (WPI) of 20% or more, meaning the injury significantly affects your overall health, may qualify for extra compensation beyond WorkCover alone.
Workers’ Compensation for Apprentices and Trainees in Queensland – FAQs
1. Am I covered if I’m injured during TAFE (Technical and Further Education) or off-the-job training?
Answer: It depends. You’re generally covered if the training is required under your apprenticeship or traineeship contract and if you’re being paid for the time.
What to do:
- Check your training contract to confirm the training is mandatory.
- Confirm whether you were being paid for training.
- Gather evidence: training schedule, pay slips, and your contract.
- If your claim is disputed, seek legal advice.
2. My employer says apprentices don’t earn enough to claim. Is this true?
Answer: False. All apprentices and trainees are covered by workers’ compensation, no matter what they’re being paid.
What to do:
- Make sure your employer has WorkCover insurance.
- Know that your weekly compensation is based on the wage you receive as an apprentice.
- Report the injury and contact WorkCover if your employer refuses to lodge a claim.
3. How much will I receive in weekly payments?
Answer: About 85% of your pre-injury weekly wage for the first 13 weeks, then 80% after that, up to WorkCover Queensland’s maximum limit.
What to do:
- Gather recent pay slips to calculate your average earnings.
- Understand that compensation is based on your wage as an apprentice, not a qualified worker’s wage.
- Ask for a written explanation if you’re unsure how your payments were calculated.
4. I’m a first-year apprentice. Does my lack of experience affect my claim?
Answer: No. Your experience level doesn’t impact your rights. In fact, your employer has a legal duty to provide extra supervision and safety measures for new workers.
What to do:
- Report injuries immediately.
- Document any lack of training or supervision.
- Don’t be afraid to claim. It’s illegal for your employer to take actions for you doing so.
5. Can I be fired for making a workers’ compensation claim?
Answer: No. It’s illegal to terminate or disadvantage a worker for making a claim.
What to do:
- Keep records of threats or unfair treatment if you experience this.
- Follow your doctor’s recommendations for suitable duties.
- Seek legal advice if you experience adversity in the workplace.
6. Am I covered during my probation period?
Answer: Yes. Workers’ compensation applies from your very first day.
What to do:
- Report any injury immediately.
- Keep a copy of your registered training contract.
- Follow the standard claim process outlined above.
Step-by-Step Claim Process
- Report your injury immediately - Tell your supervisor, employer, or workplace health and safety representative about what happened. Don't wait until the end of your shift or the next day and make a note of when you reported it and who to.
- Seek medical treatment within 5 business days - See a doctor who can assess your injury and provide a WorkCover medical certificate. This certificate outlines your diagnosis, treatment plan, and capacity to work.
- Complete your part of the claim form - Your employer should provide you with a Worker's Claim Form. Fill out your section accurately.
- Provide supporting documents - Give your employer copies of your medical certificate, training contract, and any other relevant documents. Keep the originals for your records.
- Employer notifies their insurer - Your employer must notify their WorkCover insurer within 20 business days of becoming aware of your injury.
- Claim assessment by insurer - The insurer will review your claim and may request additional information if needed. They should then make a decision within 20 business days.
- Receive claim decision - If your claim is accepted, you'll start receiving weekly payments and coverage for medical expenses. If it's rejected, you'll receive the reason why and information about how to challenge the decision.
- Begin treatment and rehabilitation - Follow your doctor's treatment plan and participate in any rehabilitation programs. Your return to work plan will be developed based on your recovery progress.
- Return to suitable duties - When advised to do so by your doctor, you'll gradually return to work, starting with duties that match your capacity.
- Finalise claim - Once your recovery is complete or your condition has stabilised, your claim can be closed. If you have a permanent injury, you may get a lump sum payment.
Documents you'll need:
- Registered training contract – Proves your relationship with your employer.
- Recent pay slips – Show your earnings to calculate compensation.
- Medical certificates – From doctors or specialists detailing your injury and treatment.
- Incident or witness reports – Help show how and when the injury happened.
- Training and supervision records – Useful if a lack of training contributed to the injury.
Key deadlines:
- Day of injury: Report the injury to your employer
- Within 5 business days: See a doctor and obtain a medical certificate
- Within 20 business days: The employer must notify their insurer about your injury
- Within 6 months: Claim must be lodged (there are strict deadlines in place, though exceptions apply in special circumstances)
- Within 3 years: Time limit for starting common law proceedings for serious injuries
Legal Framework
The primary legislation is the Workers' Compensation and Rehabilitation Act 2003 (Qld), which governs all workers' compensation in Queensland. This includes specific provisions covering apprentices and trainees employed under formal training agreements.
What does this primary legislation mean for you as an apprentice or trainee claiming for an injury?
- You have the same legal rights as any other worker when injured at work.
- Your employer is required by law to have WorkCover insurance covering you.
- You have the right to claim minimum entitlements, including weekly payments, medical expenses, rehabilitation support, and lump sum payments for permanent impairment.
- You must be provided with appropriate training and supervision to perform your duties.
When to Seek Legal Advice
Get advice as soon as possible, especially if:
- Your claim is rejected or disputed
- You have a serious or permanent injury
- Your employer lacks insurance or won’t lodge a claim
- You face unfair treatment or termination after reporting an injury
- Inadequate training or supervision caused your injury
- You disagree with medical assessments or work capacity decisions
- Weekly payments are reduced or stopped
- You’ve been offered a lump sum settlement and want to check it’s fair
- Your injury may affect your future career
Why seeking early advice about your injury claim matters:
- Know what you are fully entitled to, including common law or TPD options
- Access rehabilitation and support sooner
- Avoid mistakes that could affect your compensation
- Meet strict time limits for claims, reviews, or appeals
Key Takeaways
- All apprentices and trainees in Queensland are covered by workers' compensation from day one of their employment under formal training contracts.
- Apprentices who are still of school age have the same coverage as regular apprentices when performing duties on-site.
- Your employer must have WorkCover insurance covering you. It's a legal requirement regardless of your age, experience, or earnings.
- Report injuries immediately and see a doctor within 5 business days to protect your right to claim.
- Weekly compensation payments are calculated based on your apprentice wage (approximately 85% for the first 13 weeks, then 80%).
- Don't let fear of losing your apprenticeship prevent you from claiming. Remember, it's illegal to dismiss workers for proceeding with a claim.
- Claims should be lodged within 6 months, though exceptions exist for late claims in special circumstances.
- Serious injuries may entitle you to common law damages or TPD superannuation benefits beyond statutory WorkCover payments.
- Keep copies of all documents, including your training contract, pay slips, medical certificates, and claim correspondence.
- Seek legal advice early on, especially if your claim is disputed, you've suffered serious injury, or inadequate supervision contributed to your injury.
Get Help Now
If you’ve been injured during your apprenticeship or traineeship, getting early legal advice ensures you understand your rights, access rehabilitation, and protect your compensation entitlements. After all, serious injuries can affect your future career prospects and earning potential, so it’s important not to delay.
Contact Smith’s Lawyers for a free, no-obligation consultation. We operate on a No Win, No Fee, No Catch® basis and can guide apprentices and trainees through every step of the way, from WorkCover claims to common law actions for serious injuries. Call us on 1800 960 482 or request a call back using the form below.
