If you work across multiple states, the workers' compensation scheme that covers you is based on the state your job is most closely connected to.
This is called your state of connection; if you work mainly in Queensland, you usually claim through WorkCover Queensland, even if the injury happened interstate.
Understanding the State of Connection Test
The state of connection is the single state or territory that a worker's employment is treated as belonging to for the purposes of workers' compensation. Australia's states and territories all use a shared set of rules so that only one scheme covers a cross-border worker at a time. In Queensland, these rules can be found in section 113 of the Workers' Compensation and Rehabilitation Act 2003 (Qld).
Why the injury location usually does not decide your claim
Many people assume that if they suffer an injury in New South Wales, it means they have to claim in New South Wales, but that’s not how the test works.
Being outside Queensland when you are injured does not stop you claiming here, as long as your employment is connected with Queensland. The place where the injury occurs only has a bearing on jurisdiction as a last resort, usually when the other steps in the process cannot decide on one state.
The ordered steps
The test is taken in order, and you only move to the next step if the previous one didn’t settle on a single state.
- Where do you usually work? The state where you normally perform your job.
- Where are you usually based? If step 1 does not give one clear state, the state you work from or are based in for the job.
- Where is your employer's principal place of business in Australia? Used only if steps 1 and 2 do not come to a conclusion.
- Ship-based workers. A separate rule applies if you work on a ship and the earlier steps do not apply.
- Where the injury happened. The location of the injury is only a factor if none of the above can identify a state.
In Covill v WorkCover Queensland [2022] QSC 171, the Supreme Court of Queensland found that "where you usually work" must take in the whole picture of your work with an employer, including work done under earlier separate contracts and whether there was an expectation of more work in the future.
This is important for people whose roles or rosters change over time.
What Queensland WorkCover Covers if You Are Connected Here
If your state of connection is Queensland, you claim WorkCover just as any other Queensland worker would. That includes weekly payments while you recover, medical and rehabilitation costs and lump sum entitlements in the case of permanent impairment.
You don’t lose cover the moment you cross a state border for work. If you are sent to work interstate or overseas on a temporary basis, your Queensland cover generally continues, and your employer is supposed to reassess the arrangement after around 6 months.
A longer or open-ended move can end up changing your state of connection, so it’s always worth checking where you stand before a temporary posting becomes a permanent one.
How to Work Out and Lodge Your Claim
- See a doctor and get a work capacity certificate. Report the injury and get it documented straight away, no matter where the injury took place.
- Tell your employer in writing. Notify your supervisor by email or text so there is a dated record of the incident.
- Work through the state of connection steps. Use where you usually work first, then where you are based, then your employer's principal place of business.
- Gather proof of where you usually work. Contracts, rosters, timesheets, travel bookings and pay records all help here.
- Lodge with the correct scheme within 6 months. The standard time you have to make an application is 6 months from the injury.
A Quick Guide to Common Situations
This guide shows the state of connection that usually applies. The circumstances of your individual case can change the answers, so treat it as a starting point only.
Common Scenarios and Questions
I live in Queensland but got injured on a job in New South Wales, can I still claim WorkCover Queensland?
Often yes, as long as Queensland is where you usually work. Being injured in another state does not, on its own, move your claim there. Work through the ordered steps, and if your normal work base is Queensland, that is usually where you’ll claim. The fact the injury happened in New South Wales won’t change that.
I'm a FIFO worker based in Queensland flying to a mine interstate, who covers me?
It will usually be WorkCover Queensland, as long as your home base for the roster is Queensland. FIFO arrangements are common in cross-border claims. The site you fly to doesn’t automatically become your state of connection. Make sure you keep your rosters and flight records because they’ll help show where you are based for the job.
My employer's head office is interstate, does that rule me out of WorkCover Queensland?
Not by itself. The employer's principal place of business only becomes relevant if you reach step 3, which is used when the first two steps don’t point to one state. If you usually work in Queensland, an earlier step decides it before head office location comes into play.
I've been working interstate for a few months, has my cover changed?
A short, temporary move usually keeps your home-state cover, but this is reassessed after around 6 months. WorkSafe Queensland treats temporary interstate and overseas work as continued Queensland employment for a period, before a review happens after around 6 months. If the new job becomes long-term, your state of connection might switch. This is separate from injuries that happen while you are travelling for work, which have their own rules.
What happens if I lodge my claim in the wrong state?
You risk delays, your claim being rejected or a gap in payments while the correct jurisdiction is decided. Schemes will not pay twice, and working out which state applies to you can take time you don’t have in the event you can’t work. Getting the state of connection right before you lodge is imperative as it protects your entitlements.
I work in different states all the time and can't tell where I "usually" work, what happens now?
The test moves to where you are based, then to your employer's principal place of business, and only then to where the injury happened. The Covill decision means the whole history of your work counts, not just your current contract. A clear pattern developed over time can point to one state even when no single week is clear.
Red flags and common mistakes
- Assuming the state where your injury happened is automatically the state you’ll claim in.
- Letting a temporary interstate posting run past 6 months without checking if your cover has changed.
- Lodging in two states at once, which can end up delaying both claims.
- Not keeping rosters, travel records and old contracts that prove where you usually work.
- Letting the 6-month lodging window lapse because you were unsure which state applied.
If you work for more than one employer, the state of connection can differ between jobs, which is worth checking early.
When to Get Legal Advice
It’s always a good idea to speak to a lawyer at the earliest opportunity, especially if:
- Two schemes are each saying the other one should be covering you.
- Your work regularly crosses state borders and no single state is obvious.
- Your role or roster changed over time and your state of connection is unclear.
- A scheme has rejected your claim on jurisdiction grounds.
Early advice is important because jurisdiction disputes eat into strict time limits.
Insurers know that unrepresented workers are unlikely to take a jurisdiction argument to court, which affects how claims are handled. With a lawyer acting on your behalf, the matter can proceed through the proper channels if it isn’t resolved fairly, and the correct scheme can be established before your lodging deadline passes.
Cross-border WorkCover questions also sit alongside broader workplace injury claims in Queensland, so it helps to get the whole picture assessed at once.
Key takeaways
- Your state of connection, not where you were injured, decides which WorkCover scheme covers you. The injury location only decides jurisdiction as a last resort.
- The section 113 test runs in order: where you usually work, then where you are based, then your employer's principal place of business.
- FIFO and temporary interstate workers based in Queensland are often covered here, with a reassessment at around 6 months for temporary postings.
- Lodging with the wrong scheme can cause delays or rejection, so confirm the correct state before you apply.
- The 6-month lodging deadline applies, so gather your proof of connection and act early.
Get Help Now
If you have been injured working across state lines and are unsure which scheme covers you, Smith's Lawyers can help you confirm your state of connection and lodge with the right one.
Call 1800 960 482 or enquire online. All cases are handled under our No Win, No Fee, No Catch® promise.
When you make contact, we listen to what happened and explain your options in plain English, with no cost to start. You can also use the form below to request a free case review.
