If you are injured at work in Queensland, you are entitled to workers' compensation benefits through the WorkCover scheme.
These benefits include weekly payments to replace lost wages, coverage of any and all medical and rehabilitation expenses, a lump sum if your injury results in permanent impairment and a potential common law claim if your employer was negligent, though you will need a lawyer for this.
You do not have to prove fault to receive statutory benefits.
Weekly Payments
How much you receive
While you are unable to work because of an injury, weekly compensation will replace a portion of your lost income. The amount depends on how long you have been on WorkCover.
NWE is calculated based on your income in the 12 months before your injury, including overtime, allowances and regular bonuses.
QOTE is the Queensland Ordinary Time Earnings figure, which is currently $1,953.70 per week for 2025-26. This sets the minimum floor and maximum cap for various payment calculations.
How long payments last
Weekly payments continue for a maximum of 5 years (260 weeks) from the date of injury, or until you recover and are able to return to work, whichever comes first. The only exception is for workers with a terminal condition, who can continue receiving benefits beyond the 5-year cap as per the 2024 legislative amendments.
The 2-year milestone
Your DPI will be assessed after 104 weeks, and if it is above 15%, payments continue at 75% of NWE. If it’s 15% or below, payments will drop to the Age Pension rate. This is the most significant decision point in the WorkCover timeline.
See our guide on how long you can be on WorkCover for full details.
Medical and Rehabilitation Expenses
What is covered
WorkCover pays for any and all reasonable and medically necessary treatment related to your work injury. There is no fixed dollar limit on medical expenses, but all the treatment you receive must be approved as reasonable and necessary.
Covered expenses include:
- Doctor and specialist visits
- Hospital treatment and surgery
- Physiotherapy, occupational therapy and exercise physiology
- Psychology and counselling (including for secondary psychological injuries stemming from a physical injury)
- Medications and dressings
- Medical aids and equipment (crutches, braces, wheelchairs, etc.)
- Dental treatment (for oral injuries sustained at work)
Costs are paid at rates set by the Medical Table of Costs and Allied Health Table of Costs, which are updated annually.
What is not typically covered
- Treatment by practitioners not registered with AHPRA
- Alternative or complementary therapies (unless specifically approved)
- Treatment unrelated to the work injury
Rehabilitation
Worker’s compensation is governed by the Workers' Compensation and Rehabilitation Act 2003 (Qld).
Workplace rehabilitation is a key part of the scheme. Since the 2024 amendments, insurers are obligated to have a written Rehabilitation and Return to Work plan within 10 business days of accepting a claim.
You have the right to request a different rehabilitation provider if you are unhappy with the one you were assigned.
Travel and Transport Costs
If you have to travel more than 20 kilometres one way to attend medical appointments for your work injury, you are able to claim travel reimbursement from WorkCover. If your journey requires a full day or overnight stay, meals may also be reimbursed, though both must be pre-approved by WorkCover.
Lump Sum for Permanent Impairment
How it works
If your injury leads to permanent impairment, you may be entitled to a lump sum payment.
This is assessed once your injury has reached Maximum Medical Improvement (MMI), which is when it’s stable and unlikely to change significantly.
Your Degree of Permanent Impairment (DPI) is assessed by an independent medical specialist using the AMA Guides to the Evaluation of Permanent Impairment (5th edition). WorkCover then issues a Notice of Assessment which tells you the DPI percentage and the lump sum amount you will be paid.
Current lump sum amounts (2025-26)
For DPI below 30%, the calculation is your DPI percentage multiplied by $4,222.58. For DPI of 30% or above, the graduated scale from the Workers' Compensation and Rehabilitation Regulation, 2025, applies up to the maximum of $422,292.
There is no time limit on applying for a permanent impairment lump sum, as long as WorkCover has approved your claim.
The critical choice at DPI below 20%
If your DPI is assessed below 20%, you will have to make an irreversible choice:
- Accept the statutory lump sum, or
- Pursue a common law claim through a lawyer to seek compensation from your negligent employer
You won’t be able to do both unless your DPI is 20% or above, in which case you can accept the lump sum AND pursue common law.
This is an incredibly important decision in the claims process. The average common law settlement was $187,656 in 2023-24, which is significantly more than the statutory lump sum at most DPI levels.
It’s essential that you seek legal advice before making this choice.
Gratuitous Care
If your DPI is above 15% and your injury has left you dependent on family or friends for day-to-day help with fundamental tasks such as showering, dressing, cooking or cleaning, you may be entitled to a gratuitous care lump sum. This provides compensation to the people who provide unpaid, essential assistance.
There will be an occupational therapy assessment to determine eligibility, and the care must be both home-based and voluntary.
Common Law Claim
What it is
A common law claim can provide additional compensation beyond what the statutory scheme provides, however, statutory payments you have already received will be taken into account through a refund to WorkCover at settlement (subject to the DPI election rules above). See WorkCover Queensland – Common Law Damages for details.
A common law claim is a separate legal claim that a lawyer makes on your behalf. They seek compensation from an employer whose negligence contributed to your injury.
Common law damages can include:
- Pain and suffering (general damages, assessed using the ISV system)
- Loss of earning capacity (past and future)
- Future medical expenses
- Gratuitous care
When it is available
- Your employer must have been negligent (e.g. failed to provide a safe workplace, inadequate training, unsafe equipment, etc.)
- You must have an open WorkCover file
- Since the 2024 amendments, there is no minimum DPI threshold required to pursue a common law claim
- The limitation period is 3 years from the date of injury
How outcomes compare
Data from the Queensland Law Society's Proctor magazine (November 2025) shows that personal injury claimants with legal representation receive approximately 8 times more compensation than those who manage claims directly.
Death Benefits
If a worker dies from a work-related injury, their dependents are entitled to death benefits under the WorkCover scheme.
WorkCover also reimburses reasonable funeral expenses (paid to the person who covered the cost or directly to the funeral home). Weekly benefits are available for dependent children under 16, and full-time students aged 16 to 25.
How to Claim Workers' Compensation in Queensland
Step-by-step process
1. See a doctor immediately. Go to a registered medical practitioner, nurse practitioner (for minor injuries) or dentist (for oral injuries). Ask them for a Work Capacity Certificate because your claim will be invalid without one.
2. Report the injury to your employer. Your employer is legally required to report the injury to WorkCover within 8 business days. Do not rely on your employer to do this because they may delay the report.
3. Lodge your claim with WorkCover. Submit your claim online (fastest method), by phone or by post. You will need your completed Work Capacity Certificate, personal details, employer details and a description of how the injury occurred.
Important (from 1 July 2025): WorkCover no longer automatically registers a claim when they receive a Work Capacity Certificate from a medical provider, so you’ll need to submit a claim request separately.
4. WorkCover assesses your claim. WorkCover has 20 business days to make a decision. Many claims are decided within 10 business days, but WorkCover will contact you if they need more time.
5. Receive the decision. If your claim is accepted, you will begin receiving weekly payments and medical expense coverage. If it’s rejected, you have the right to appeal (see below).
Time limits
What to do if your claim is rejected
- Request reasons for the decision from WorkCover within 20 business days
- Apply for an independent review with the Workers' Compensation Regulator within 3 months. They have 25 business days to decide.
- Appeal to the Queensland Industrial Relations Commission (QIRC) within 20 business days of the WCR decision if the rejection is upheld.
Your Employer's Obligations
Your employer has legal responsibilities under both the Workplace Health and Safety Act 2011 (Qld) and the Workers' Compensation Act to:
- Provide a safe workplace "so far as is reasonably practicable"
- Report your injury to WorkCover within 8 business days
- Provide wage information to the insurer within 5 business days of request
- Identify and offer suitable duties for your return to work
- Not dismiss you solely or mainly because of your injury (penalty: up to $80,650 under the 2024 amendments)
Common Scenarios and Questions
If I am a casual worker, am I still covered?
Yes. WorkCover covers all Queensland workers, including casuals, part-timers, apprentices and trainees. Keep in mind that your weekly payment amount is based on your actual pre-injury earnings pattern.
I was partly at fault for my injury, can I still make a claim?
Yes, for statutory WorkCover benefits. The scheme is no-fault, so your entitlement does not depend on who or what caused the injury. However, if you make a common law claim, your compensation will likely be reduced by the percentage you were found to be at fault (contributory negligence).
My employer does not have WorkCover insurance, what happens now?
You can still claim. WorkCover Queensland acts as the insurer for uninsured employers, so your entitlements will be the same and your employer could face penalties for not having the required insurance.
Can I choose my own doctor for treatment?
Yes. You can see any registered medical practitioner for your work injury. You are also entitled to request a different workplace rehabilitation provider if you are unhappy with the one you are assigned as per the 2024 amendments.
I was injured working from home, am I covered?
Yes, as long as the injury arose in the course of your employment. The same legal test applies here. Injuries suffered during scheduled work hours while performing work duties are covered.
Key Takeaways
- WorkCover is a no-fault scheme that covers weekly payments, medical expenses, rehabilitation, travel costs, lump sums for permanent impairment and death benefits
- Weekly payments start at 85% of your normal earnings for the first 26 weeks, then go down to 75%. They are subject to a critical DPI assessment after 2 years
- Medical expenses are covered for as long as treatment is reasonable and necessary, with no fixed time limit
- If your DPI is below 20%, you face an irreversible choice between the statutory lump sum and pursuing common law damages.
- Lodge your claim as soon as possible. You will need a Work Capacity Certificate from your doctor, and your employer has to report the injury within 8 business days. Late lodgement can reduce your entitlements.
Get Help Now
If you have been injured at work and want to understand your full entitlements, call 1800 960 482 for a free case review.
Smith's Lawyers operates on a No Win, No Fee, No Catch® basis, so there is no upfront cost to find out where you stand.
You can also use the form below to request a free case review.
