Workers Compensation | By Lawyers
Skip to main content

Workers Compensation

QLD

This publication assists practitioners in advising and representing clients in the Queensland workers’ compensation system, on the types of claims and the benefits that may be payable.

2 Matter Plans

Overview

The commentary covers notification and gathering information, preparing and commencing claims, benefits, common law claims, reviews, appeals, and settlement.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Also included is 101 Subpoena Answers, which is a useful reference guide.

Precedents in this publication include:

  • Letters to the client explaining the process at each stage;
  • Letters to clients, insurers, doctors, and relevant authorities gathering information;
  • Claim forms for journey, recess, industrial deafness, psychological, and permanent impairment;
  • Letters to the respondent and insurer making claims.
Icon

2 Matter Plans Included

  • Item icon Matter Summary (Personal Injury)
  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Workers' Compensation (QLD)
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon Medical Glossary
    • Item icon 101 Subpoena Answers
    • Item icon 101 Costs Answers
    • Folder icon Papers and articles - Litigation
      • Item icon Improving written submissions - A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
    • Folder icon Demonstrating the use of precedents
      • Item icon Demonstrating the Use of Precedents
        To demonstrate the range of precedents available in the guide and to illustrate how they can be adapted to a particular matter, one set of precedents are based on a set of facts in a debt recovery that escalates when a cross-claim is brought alleging a course of conduct between the parties and a ...

        This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

      • Item icon Demonstration - Letter of demand
      • Item icon Demonstration - Response to letter of demand
      • Item icon Demonstration - Pleadings and particulars
      • Item icon Demonstration - Request for further and better particulars
      • Item icon Demonstration - Defence
      • Item icon Demonstration - Affidavit of defendant
      • Item icon Demonstration - Cross-claim or counterclaim
      • Item icon Demonstration - Defence to cross claim or counterclaim
      • Item icon Demonstration - Calderbank offer
      • Item icon Demonstration - ADR order - Referral to mediation
      • Item icon Demonstration - Mediation position paper - Plaintiff
      • Item icon Demonstration - Mediation position paper - Defendant
      • Item icon Demonstration - Consent orders
      • Item icon Demonstration - Deed of release - Settlement of proceedings
    • Item icon Further information
  • Item icon Overview and limitation periods
    In the event of a work-related injury or disease, the workers’ compensation scheme in Queensland provides limited benefits to workers and their dependants. Eligible claimants can receive weekly benefits or lump sum permanent impairment payments, payment of medical, treatment, rehabilitation and ...

    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Workers' compensation
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Workers' compensation claim
    • Item icon Conflict of interest check
    • Item icon Initial letter to applicant client lump sum claims
    • Item icon Initial letter to applicant client all claims
    • Item icon Initial letter to applicant client first responder etc. with PTSD
    • Item icon Initial letter to applicant client all claims and NIIS
    • Item icon Initial letter to applicant client - Industrial deafness claim
    • Item icon Statement of loss and damage arising from a workplace incident
    • Item icon Initial letter to client enclosing costs agreement
    • Item icon Costs agreement - QLD
    • Item icon Conditional costs agreement - QLD
    • Item icon Conditional costs agreement - Uplift fee - QLD
    • Item icon Scope of work - Workers compensation claim
    • Item icon Abbreviated costs disclosure - Costs under $3000
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Taking instructions from applicants
      Initial conference At the first meeting, establish the date and nature of the client’s injury and the status of any claim already on foot, especially whether court proceedings have been commenced.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Permanent Impairment Assessment Information - WorkCover
    • Item icon Application for assessment of permanent impairment
    • Folder icon If required - National Injury Insurance Scheme forms
      • Item icon Application form - Interim participation
      • Item icon Application form - Insurer
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Notification and gathering information
    • Item icon Notification
      A workplace injury must be reported to the employer as soon as possible. The employer then must notify the insurer within eight business days. A self-insured employer must notify WorkCover. If the employer fails to notify the insurer or WorkCover, the injured worker or anyone else can do so.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Gathering information
      Obtaining all necessary information about the client, their injury, and the claim is critical to acting in workers’ compensation matters. Without the relevant information and supporting documents, no meaningful advice can be given, nor steps taken to progress the claim. A signed authority from the ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Record of information requested, received, and served
    • Folder icon Client
      • Item icon Letter to applicant client re seeking suitable work
      • Item icon Letter to applicant client re permanent impairment, pain and suffering, and negligence claim
      • Item icon Letter to applicant client on repayments to Medicare
      • Item icon Letter to applicant client enclosing Medicare statement
      • Item icon Letter to applicant client on medical evidence, investigators, and staying in contact
      • Item icon Letter to applicant client to attend medical appointment made by insurer
      • Item icon Letter to applicant client to attend medical appointment
    • Folder icon Centrelink
      • Item icon Centrelink - Authority to release personal information - personal injury, insurance, superannuation or other matter
      • Item icon Letter to Centrelink with FOI form for details of benefits
      • Item icon Centrelink - Freedom of Information - request to access or change document(s)
    • Folder icon Doctor
      • Item icon Authority for medical records - General
      • Item icon Letter to doctor enclosing WorkCover schedule of medical fees
      • Item icon WorkCover schedule of current medical fees
      • Item icon Letter to doctor for hearing loss report
      • Item icon Letter to treating doctor seeking report
      • Item icon Letter to specialist doctor to confirm appointment and seek report
      • Item icon Letter to expert doctor for report on hearing loss
      • Item icon Letter to other side serving expert report
    • Folder icon Employer
      • Item icon Authority for information from respondent employer
      • Item icon Letter to respondent employer requesting information with authority
    • Folder icon Hospital
      • Item icon Authority for hospital records
      • Item icon Letter to hospital for records with authority
    • Folder icon Insurer
      • Item icon Letter to respondent's insurer requesting copies of medical reports
    • Folder icon Medicare
      • Item icon Letter to Medicare for details of payments with authority
      • Item icon Medicare compensation recovery - Medicare history statement request
      • Item icon Medicare Australia - Request for Medicare claims information
      • Item icon Medicare Australia - Request for Pharmaceutical Benefits Scheme claims information
      • Item icon Medicare compensation recovery - Third party authority (no bar code)
      • Item icon Medicare compensation recovery - Section 23A statement
    • Folder icon WorkCover
      • Item icon Letter to WorkCover for details of insurers
  • Folder icon C. Making the claim
    • Item icon Law practice certificates
      Claim farming is the practice of giving or receiving consideration for a claim referral or potential claim referral or soliciting or inducing a claimant to make a claim, in contravention of the various provisions of legislation governing personal injury, workers’ compensation, and motor accident ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Law Practice Certificate
    • Item icon Law practice certificate - Legal Services Commission QLD
    • Item icon Types of claim
      Claims can generally be made for all work-related injuries, including psychiatric and psychological injuries where the client’s employment is a significant contributing factor.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon How to lodge a claim
      Most applications are lodged with WorkCover Queensland:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Claim form
    • Item icon Notice of claim for damages
    • Item icon Letter to applicant client enclosing claim form for signature
    • Folder icon Letters to employer
      • Item icon Letter to respondent employer making hearing loss claim
      • Item icon Letter to respondent employer making weekly payments claim
      • Item icon Letter to respondent employer making permanent impairment pain and suffering claim
    • Folder icon Letters to insurer
      • Item icon Letter to respondent's insurer making hearing loss claim
      • Item icon Letter to respondent's insurer making weekly payments claim
      • Item icon Letter to respondent's insurer making permanent impairment pain and suffering claim
    • Item icon Letter to applicant client about making the claim as the insurer has not accepted liability
    • Folder icon Letters to the other side
      • Item icon Letter to respondent's solicitor for their reports
      • Item icon Letter to respondent's solicitor re-serving documentation
      • Item icon Letter to respondent's solicitor serving reports
      • Item icon Letter to respondent's solicitor with costs
      • Item icon Letter to respondent's solicitor for payment of interest on costs
  • Folder icon D. Benefits
    • Item icon Amount of benefits
      Section 140 outlines the maximum statutory compensation entitlement by reference to QOTE, defined in s 10A and is the seasonally adjusted amount of Queensland full-time adult ordinary time earnings, as declared by the Australian Statistician. The current QOTE figure is published annually ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon When benefits are payable
      Section 141 provides:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon When benefits stop
      Part 8A of the Act deals generally with when compensation entitlement ceases. Section 144A(1) provides that weekly payments stop when the first of the following happens:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Medical, hospital, and rehabilitation expenses
      Schedule 6 defines medical treatment as:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Permanent impairment benefits
      Compensation for permanent impairment is additional to any other compensation under the Act. Where an injured worker is assessed as having a 30% or greater degree of permanent impairment (DPI), they are entitled to additional lump sum compensation: s 192.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Terminal condition entitlements
      If a worker has a terminal condition, as defined in s 39A, they are entitled to lump sum benefits as set out in s 128B. They are also entitled to the usual compensation under the Act until the lump sum benefits are paid. A terminal condition must be certified by a doctor as expected to ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Death benefits
      Where a worker dies because of an injury, the insurer must pay expenses and compensation to the deceased’s legal personal representative or directly to anyone who incurred the expenses: s 196. The legal personal representative must apply the compensation to benefit the deceased worker’s ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Rehabilitation
      Section 40 defines rehabilitation and its purpose:

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon E. Common law claims
    • Item icon Common law claims
      An injured worker or their dependants eligible to make a workers’ compensation claim may also be able to sue their employer for negligence and obtain damages. Such cases are generally referred to as common law claims and proceed under the Civil Liability Act 2003 in the District Court or Supreme ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Parties
      Section 237 allows a civil claim for damages for a work injury by the injured worker or, in the case of the worker's death, their dependants. No one else may bring a claim. Proceedings are brought against the employer of the injured or deceased worker: s 300.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Common law thresholds
      For injuries sustained on or after 31 January 2015, there is no permanent impairment threshold required for workers to bring a common law claim. There is a threshold of greater than 5% permanent impairment for injuries sustained from 15 October 2013 to 31 January 2015. See ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Compulsory conference
      There is an overriding onus on the parties to cooperate and attempt to resolve the claim as quickly as possible: s 281. Under s 289, before proceedings are commenced, the parties must attend a compulsory conference within three months after the insurer gives the claimant notice under ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

  • Folder icon F. Reviews and appeals
    • Item icon Medical assessment tribunals
      An injured worker may be referred for medical assessment. An insurer refers a matter to a tribunal by making a reference in the approved form and giving the tribunal a copy of all relevant documents. A medical assessment involves the injured worker being examined by an approved medical specialist. ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Reviews
      Internal review Part 2 of Chapter 13 of the Workers’ Compensation and Rehabilitation Act 2003 provides that insurers must undertake an internal review before deciding to reject a claim, terminate compensation, or decline support services for a claimant with a psychiatric or psychological injury.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Application for claim review - WorkCover
    • Item icon Appeals
      Appeals to Industrial Magistrate or Industrial Relations Commission Appeals against decisions of insurers or the Regulator can generally be made to the Industrial Magistrate or the Industrial Relations Commission.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon WCR notice of appeal
  • Folder icon G. Settlement and finalising the matter
    • Folder icon If required - Matter not proceeding
      • Item icon Letter to applicant client finalising the matter following denial of liability
      • Item icon Letter to applicant client no claim - Less than 6% loss of hearing
    • Item icon Letter to respondent's solicitor for payment of award
    • Folder icon If required - Medicare and Centrelink
      • Item icon Medicare compensation recovery - Notice of judgment or settlement
      • Item icon Medicare compensation recovery - Section 23A statement
      • Item icon Medicare compensation recovery - Bank account details collection (no bar code)
      • Item icon Centrelink - Compensation advice of lump sum payments
    • Item icon Letter to applicant client confirming payment and enclosing copy of award
    • Item icon Example - Tax invoice
    • Item icon Example invoice incorporating notification of client's rights - QLD
    • Item icon Invoice recital - Injuries, works compensation, victims support
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

Our Authors

A team of legal professionals contribute to By Lawyers' publications, all helping to ensure that content is updated regularly to reflect changes in legislation, practice, and procedure.

Meet Our Authors
Authors