If you’ve missed the standard 6-month deadline for WorkCover, don’t panic. It doesn’t necessarily mean you’ve lost your right to compensation.
Yes, Queensland has strict time limits for claiming workers' compensation, but legal routes do exist if you (1) act quickly and (2) have valid reasons for the delay, such as medical circumstances or if you can prove it was an honest mistake.
Getting it wrong is serious, though. WorkCover can reject your claim, leaving you without the funds to pay for medical expenses. This is why we’ve produced this guide to explain your options after missing the deadline, the process for requesting an extension, alternative legal pathways like common law claims, and other practical steps to offer you reassurance.
Understanding the 6-Month WorkCover Deadline
What is the legal basis for this deadline?
The Workers' Compensation and Rehabilitation Act 2003 (Qld) requires workers to lodge their compensation application within six months. What’s considered the starting date is usually based on one of the following:
- Sudden injuries (the most common): Put simply, the date the accident occurred (such as a fall, machinery incident, or lifting injury)
- Gradual onset injuries: From when a medical professional first assesses the condition as work-related (like repetitive strain injuries or occupational diseases)
- Injuries after leaving employment: If the injury only became apparent after you left, the six-month deadline starts from the day you stopped working
Remember: If you lodge a claim more than 20 business days after becoming injured, WorkCover is under no obligation to backdate payments, even if your claim is accepted.
Your Entitlements and Responsibilities
What am I entitled to if my late claim is accepted?
- Weekly payments covering up to 85% of your pre-injury earnings, as long as you are unable to work
- Medical expenses for treatment related to your workplace injury, including doctor visits, physiotherapy, psychology, surgery, and medications
- Rehabilitation support including occupational therapy, return-to-work schemes, and vocational retraining
- Lump sum payments for permanent impairment if your injury results in lasting physical or psychological damage (subject to a separate assessment)
What must I do to ensure the claim process runs smoothly?
- Submit your extension request promptly with a detailed explanation and supporting documentation as soon as you realise you've missed the deadline.
- Notify your employer even if the 6-month period has passed, as this creates a formal record and may support your application.
- Continue medical treatment and maintain detailed records; ongoing documentation strengthens your claim.
- Cooperate with assessments including independent medical examinations if WorkCover requests them during the review process.
Common Scenarios and FAQs
I previously thought my injury wasn't serious enough to claim. Can I still apply?
Yes. This qualifies as a reasonable mistake under the provision for special circumstances, especially if you only recently learned your condition is work-related or more serious than first thought.
What to do:
- Obtain a medical report from your doctor explaining how the condition has worsened and when it was first confirmed as work-related.
- Gather workplace incident reports, emails, or witness statements showing you reported discomfort but were told it was minor.
- Include a statutory declaration detailing your understanding at the time, any advice you received, and when you first knew it qualified for WorkCover.
Important: WorkCover considers whether a reasonable person would have recognised the need to claim. Honest documentation is essential.
My employer told me not to claim, or said it wasn't work-related. What are my options?
Employer misinformation or discouragement is a reasonable excuse for delay and may strengthen your claim due to protections against employer interference.
What to do:
- Document all conversations with your employer, including dates, what was said, who was present, and follow-ups.
- Request copies of all relevant incident reports, emails, and meeting minutes.
- Obtain witness statements from co-workers confirming employer discouragement.
- Report employer interference to WorkSafe Queensland.
Important: This scenario can indicate broader workplace safety issues, potentially strengthening your extension application.
I was hospitalised or dealing with a family emergency for six months. Will WorkCover take this into account?
Yes. Medical incapacity or significant personal crises usually qualify as reasonable cause for delay.
What to do:
- Provide hospital records, specialist letters, and documents explaining why you could not manage administrative tasks.
- For family emergencies, gather death certificates, police reports, letters that show your responsibilities as a carer, or statutory declarations.
- Obtain a letter from your doctor or psychologist explaining how your condition prevented lodging a claim.
- Submit your claim promptly once the emergency or medical crisis ends.
Important: WorkCover evaluates whether your circumstances genuinely prevented making the claim, not just the fact that it made it more difficult.
Can I still pursue compensation if WorkCover rejects my late claim?
Yes. You can request an internal review, appeal to the Queensland Industrial Relations Commission (QIRC), or pursue a common law claim if notice requirements are met.
What to do:
- Submit an internal review request within three months of the rejection, providing additional evidence.
- If unsuccessful, appeal to QIRC within three months, ideally with legal representation.
- Check if you meet notice requirements for a common law claim.
- Consider Total and Permanent Disability (TPD) insurance through superannuation, which has different time limits.
Important: Strict timeframes apply, so seek legal advice early on to keep your options open.
I left my job. Am I still eligible to claim?
Yes. Leaving employment does not forfeit your right to claim. The time limit extends to six months after termination if you only noticed the injury once you’d left.
What to do:
- Determine if you were aware of the injury before or after leaving employment.
- Gather employment records like termination date, pay slips, and separation certificates.
- Obtain medical evidence showing when you first sought treatment and diagnosis.
- Explain why you didn’t claim while employed, if relevant.
Important: Past employment status does not affect entitlement if time limits are met.
A doctor has now confirmed I cannot work due to my injury. Does this change my options?
Yes. If a healthcare professional confirms incapacity for work, you can lodge a claim within 20 business days following their assessment.
What to do:
- Obtain a medical certificate stating total or partial incapacity for work, including the assessment date.
- Submit your claim within 20 business days.
- Act quickly, as this is one of the few exceptions where WorkCover cannot refuse a late claim.
Important: This applies even years past the original six-month deadline, making it a powerful option for late claimants.
Step-by-Step Process for Late WorkCover Claims
- Gather evidence immediately – Collect all documentation within 48 hours of realising you missed the deadline. Include medical records, employer communications, witness statements, and records of exceptional circumstances like hospitalisation or family emergencies.
- Prepare your extension request – Write a detailed letter to WorkCover Queensland explaining when the injury occurred, why you didn’t claim within six months, and which special circumstance applies. Reference section 131 of the Workers' Compensation and Rehabilitation Act and attach all evidence.
- Submit claim and extension together – Lodge both via WorkCover’s online system or by post. Do not wait for extension approval; submitting together shows urgency.
- Notify your employer – Send a written notice to create a paper trail, which may support your claim.
- Maintain medical treatment and documentation – Keep appointments, receipts, and records of ongoing treatment to strengthen your case if WorkCover requests more information or if you appeal.
- Respond promptly to WorkCover requests – Provide any additional information or medical evidence quickly to avoid questions about the genuineness of your claim.
- Request internal review if rejected – Lodge an internal review within 3 months, including new evidence and addressing WorkCover’s reasons for rejection.
- Consider QIRC appeal – If the review fails, you have 3 months to appeal to the Queensland Industrial Relations Commission. Legal representation is strongly recommended in such a case.
- Explore alternative pathways – Investigate common law claims under PIPA or TPD insurance through superannuation, which operate on different timeframes and may provide compensation even if WorkCover rejects your statutory claim.
Documents you'll need:
- Medical evidence – Include your full treatment history, such as GP notes, specialist reports, diagnostic imaging, psychology or psychiatry records, prescriptions, and medical certificates. This shows the nature of your injury, its work connection, and any medical reasons for the delay.
- Workplace documentation – Gather incident reports, witness statements, safety meeting minutes, supervisor emails or letters, and your employment contract and pay slips. These confirm the injury occurred at work and may show that your employer was aware or even that they discouraged you from seeking a claim.
- Statutory declaration or letter – Provide a sworn statement explaining when the injury occurred, what you understood about your rights, why you missed the six-month deadline, when you learned you could claim, and which special circumstance applies.
- Evidence of special circumstances – Attach documents proving your reason for delay, such as hospital records, death certificates, care documentation, travel records, or employer communications. Include legal advice notes if you sought guidance during the delay.
Deadlines at Each Stage of the Process
- Standard WorkCover claim: 6 months from the date you were injured
- Medical assessment pathway: 20 business days after the doctor confirms incapacity
- Internal review request: If WorkCover rejects your claim, you have 3 months from the date of that decision to request an internal review
- QIRC appeal: If you’re unhappy with the outcome of WorkCover’s internal review, within 3 months, you can appeal to the Queensland Industrial Relations Commission (QIRC)
- PIPA notice (common law): Under the Personal Injuries Proceedings Act 2002 (Qld), you must serve a Notice of Claim for Damages within 9 months of the injury, or from when you first became aware of it.
- Court proceedings: If you intend to take the matter to court, proceedings must begin within 3 years from the date of injury
Legal Framework
Primary legislation: The Workers' Compensation and Rehabilitation Act 2003 (Qld) governs workplace injury compensation in Queensland, establishing a 6-month time limit and outlining the possible exceptions.
What this means for you:
- WorkCover can reject claims which have missed the deadline, but must accept them if you can prove one of the special circumstances outlined above.
- You have the right to appeal through an internal review and QIRC if WorkCover rejects your late claim, providing additional opportunities to present evidence.
- You can legitimately pursue common law damages even without an accepted WorkCover claim. This, however, has separate notice requirements under the Personal Injuries Proceedings Act 2002.
When to Seek Legal Advice
Get advice as early as possible, especially if:
- You've already missed the 6-month deadline and need to assess the strength of your extension application before submitting it. You may only get one chance to do this.
- WorkCover rejects your late claim and you're considering an internal review or QIRC appeal, which requires sophisticated legal arguments about special circumstances and reasonable cause.
- Your employer discouraged you from claiming or provided misinformation about your rights, creating a potential legal claim.
- You have a psychological injury or a gradually developing condition where it's unclear when the 6-month period began.
- You want to pursue common law damages in addition to or instead of WorkCover compensation, particularly if you can prove your employer's negligence caused or contributed to your injury.
- You're weighing multiple compensation options including WorkCover, common law, TPD insurance, or other pathways, where expert advice can help make sure you don’t accidentally give up one entitlement while pursuing another.
Why early legal advice makes sense:
- Know your rights – Understand all potential compensation options, including WorkCover, common law, and TPD insurance.
- Act faster – Access rehabilitation, medical treatment, and return-to-work support without delay.
- Avoid costly mistakes – Prevent missed deadlines, incomplete claims, or a lack of evidence that can lead to a claim being rejected.
- Maximise compensation – Get expert advice on the best pathways and how to pursue multiple claims without losing entitlements.
Key Takeaways
- The 6-month WorkCover deadline is strict, but special circumstances exceptions exist for medical reasons, reasonable mistakes, and other valid grounds.
- You must lodge your claim within 20 business days of a medical assessment confirming work-related incapacity. This is one of the strongest options for late claimants with medical proof of incapacity.
- Common law claims operate independently of WorkCover deadlines, providing an alternative route to compensation. For this, PIPA requires notice within 9 months, and court proceedings must be filed within 3 years.
- Strong medical evidence and written documentation are crucial for WorkCover to accept a late claim, as going off memory or verbal explanations alone is rarely enough without records to support it.
- If WorkCover rejects your extension request, you can appeal through an internal review or the QIRC, but both have strict three-month deadlines, so you must act quickly.
Get Help Now
If you’ve missed the 6-month deadline to lodge a WorkCover claim, getting early legal advice can help protect your rights and make sure that you get the compensation you deserve.
Contact Smith’s Lawyers for a free, no-obligation consultation. We operate on a No Win, No Fee, No Catch® basis and can guide you every step of the way, from initial WorkCover claims to potential escalation with the QIRC. Call us on 1800 960 482 or request a call back using the form below.
