Yes, you can claim compensation for injuries that develop over time in Queensland. These are called latent onset injuries, and Queensland law specifically recognises conditions like asbestos-related diseases, industrial deafness, pneumoconiosis and PTSD that manifest months or years after workplace exposure.
The key difference from immediate injuries is that time limits are calculated from when you discover your condition is work-related, not from the original exposure date. This ‘date of discoverability’ principle ensures you're not unfairly prevented from claiming compensation for conditions you couldn't have known about earlier.
This article explains your rights, the claims process, compensation amounts and the critical steps you need to take to protect your claim for injuries that developed over time.
Understanding Latent Onset Injuries
What qualifies as a latent onset injury?
A latent onset injury is any condition that develops gradually over time due to workplace exposure, rather than from a single incident. Queensland's Workers' Compensation Act specifically defines these injuries and sets the injury date as when a doctor diagnoses the condition, not when exposure occurred.
Common examples include:
- Asbestos-related diseases - mesothelioma, asbestosis, lung cancer (20-50 year latency period)
- Dust-related conditions - coal workers' pneumoconiosis, silicosis from engineered stone
- Industrial deafness - hearing loss from prolonged noise exposure
- PTSD and psychological injuries - particularly for first responders and healthcare workers
The key legal principle is that you cannot be expected to claim compensation for a condition you didn't know you had or couldn't reasonably connect to your work.
Your Rights and Entitlements
What you're entitled to:
- Immediate medical coverage - treatment costs from diagnosis onwards, including specialist care
- Weekly income support - if unable to work due to the condition
- Lump sum compensation - based on degree of permanent impairment assessment
- Rehabilitation services - to help return to work where possible
- Common law damages - for pain, suffering and economic loss if employer negligence proven
What you must do:
- Report the injury - notify your employer as soon as practically possible after diagnosis
- Lodge WorkCover claim - within 6 months of diagnosis or becoming aware the condition is work-related
- Attend medical assessments - cooperate with independent medical examinations
- Preserve evidence - maintain employment records, medical reports and witness contact details
Key deadlines:
- 6 months - lodge statutory WorkCover claim from diagnosis date
- 3 years - commence common law proceedings from date of discoverability
- No time limit - for TPD superannuation claims in most cases
Common Scenarios
I was diagnosed with lung disease 20 years after leaving the mines - can I still claim?
Quick answer: Yes, if you can prove the condition is work-related and act within 6 months of diagnosis.
What to do:
- Get specialist medical opinion confirming work-related causation
- Gather employment records, safety reports and witness statements from former colleagues
- Lodge WorkCover claim immediately - the 6-month deadline starts from diagnosis, not exposure
Important note: Coal workers with dust diseases have streamlined claim processes in Queensland.
My hearing loss gradually worsened over 15 years - when do time limits start?
Quick answer: From when you knew or should have known the hearing loss was significantly work-related.
What to do:
- Obtain audiologist assessment showing noise-induced hearing loss pattern
- Document workplace noise exposure throughout your career
- Consider whether you reasonably connected the hearing loss to work earlier
Important note: Industrial deafness claims often involve complex discoverability arguments about when you should have known.
I developed PTSD months after a workplace incident - is this covered?
Quick answer: Yes, psychological injuries including PTSD are covered as latent onset injuries.
What to do:
- Get diagnosis from psychiatrist or psychologist
- Document the triggering workplace incident(s)
- Apply for immediate counselling support through WorkCover
Important note: First responders with PTSD have simplified claim procedures in Queensland.
My former employer no longer exists - can I still make a claim?
Quick answer: Yes, WorkCover insurance typically continues even when employers cease operations.
What to do:
- Contact WorkCover Queensland to identify the relevant insurer
- Gather available employment records from government agencies or unions
- Use alternative evidence sources like co-worker testimony
Important note: Claims against closed employers require extra effort to locate insurance details and evidence.
I was exposed to asbestos at multiple jobs - which employer is responsible?
Quick answer: You may be able to claim against multiple employers, or choose the one with strongest evidence.
What to do:
- Document exposure periods and intensity at each workplace
- Get medical opinion on likely causation timing
- Consider strategic advantages of different claim options
Important note: Asbestos disease compensation often involves complex apportionment between multiple exposure sources.
Can family members claim if someone dies from a latent onset injury?
Quick answer: Yes, dependents can claim both workers' compensation death benefits and common law dependency damages.
What to do:
- Lodge immediate claim for statutory death benefits
- Gather evidence of financial dependency relationships
- Consider common law claim for full economic and service losses
Important note: Dependency claims must be commenced within 3 years of death.
Step-by-Step Process
- Get medical diagnosis - See your GP and obtain specialist referral for proper diagnosis and assessment of work-relatedness (immediately upon symptoms)
- Notify your employer - Report the injury in writing, even if you've left that job (as soon as practically possible after diagnosis)
- Lodge WorkCover claim - Submit claim form with medical certificate and employment details (within 6 months of diagnosis)
- Gather supporting evidence - Collect employment records, safety documents, witness statements (ongoing during claim process)
- Attend medical assessments - Cooperate with WorkCover-arranged independent medical examinations (when requested)
- Consider legal advice - Evaluate common law options, especially for serious conditions (early in process, before accepting any settlement)
Documents you'll need:
- Medical reports and imaging - Essential for proving diagnosis and severity; keep copies of all test results and specialist opinions
- Employment records - Payslips, certificates, job descriptions proving exposure; contact former employers' HR departments early
- Witness statements - Contact details for colleagues who can verify working conditions; these become harder to locate over time
Red Flags and Warning Signs
When to act immediately:
- New diagnosis of potential work-related condition
- Worsening symptoms that may be occupation-related
- Approaching 6-month deadline since diagnosis
- Insurance company requesting settlement discussions
Common mistakes to avoid:
- Assuming it's too late - discoverability principles may extend your time limits
- Accepting first settlement offer - especially for serious conditions that may qualify for higher common law damages
- Not preserving evidence - employment records and witness contacts become harder to locate over time
When to Seek Professional Help
You should get legal advice if:
- Your condition causes significant disability or impacts earning capacity
- WorkCover denies your claim or disputes work-relatedness
- You're considering common law action for substantial damages
- Multiple employers or complex exposure history is involved
It's best to check your rights and get advice as early as possible.
Why early advice matters:
- Evidence preservation - lawyers can help secure crucial documents before they're lost
- Strategic planning - choosing between statutory and common law pathways affects your maximum compensation
- Deadline protection - ensuring all time limits are met and claims properly lodged
Key Takeaways
Remember these essential points:
- Time limits start from diagnosis - they do not start original exposure, giving you protection for conditions discovered years later
- Two compensation pathways exist - statutory WorkCover for immediate support, common law for full damages
- Early action is critical - 6-month deadline for statutory claims, 3 years for common law
- Evidence gathering takes time - start collecting employment records and witness details immediately
- Professional help maximises outcomes - Especially for serious conditions qualifying for substantial compensation
To request a free case review, contact Smith's Lawyers for an initial consultation. Call 1800 960 482 to discuss your options, or request a call back via the form below for a free, no obligation claims check with our No Win, No Fee, No Catch® promise.
