WorkCover Lawyers Sunshine Coast

In Queensland, the timeline for a statutory WorkCover claim can vary depending on the complexity of your injury and the time it takes for your impairment to be assessed. Once you’ve lodged your claim, the insurer generally has 20 business days to investigate and accept or deny your work injury claim. If they accept your claim, you should start receiving weekly payments shortly after and should be back paid for 20 business days from when you lodged your application. 

However, that doesn’t mean your workplace injury claim is “finished”. Many of our clients remain on weekly payments for months while they recover, seek medical treatment and undergo rehabilitation programs. Simple soft-tissue injuries often resolve within 3–6 months, while more serious injuries – such as fractures requiring surgery, or psychological claims – can extend to 12 months or more. 

If there’s a dispute over acceptance of the claim or the level of permanent impairment, the process can stretch even further. Disputes typically go to the Workers’ Compensation Regulatory Service and then to the Queensland Industrial Relations Commission (QIRC), which can add several months to a claim. Common-law claims (for employer negligence) often take 1–2 years from commencement to settlement or judgment, depending on expert report timelines and court availability.

Throughout this period, clear communication and proactive management are crucial. At L&H Injury Lawyers, we monitor every deadline – so you never miss a key date – gather key evidence for your common law claim and push insurers to make timely decisions, keeping your recovery and financial support on track.

Under Queensland’s no-fault scheme, your employer’s insurer meets the cost of statutory workers’ compensation benefits. When you lodge a claim, your employer forwards the paperwork to their insurer, who then becomes responsible for:

• Medical and hospital expenses (GPs, specialists, allied health, travel)
• Weekly income support (calculated from your pre-injury average weekly earnings)
• Rehabilitation services (such as physiotherapy and return-to-work programs)
• Lump-sum impairment payments

In cases where you pursue a common-law claim for employer negligence, the insurer also covers any damages agreed to in a settlement or those awarded by the court.

Because workers’ compensation claims involve insurers, there are often disputes over entitlements. That’s why having an experienced local lawyer from L&H Injury Lawyers ensures benefits are paid smoothly and disputes are resolved promptly without you bearing the financial burden.

Claiming workers’ compensation involves a structured process designed to get you the treatment and support you need quickly, but navigating it properly can be complex. Engaging experienced WorkCover lawyers early on can make all the difference, ensuring your rights are protected from the start. 

The steps to claim compensation for a physical or psychological injury at work include:

Notify Your Employer

As soon as you’re injured, or as soon as you become aware of a work-related illness, you must tell your employer.

Lodge Your Claim

You need to complete an application for workers’ compensation benefits and attach medical certificates, then lodge this with your employer’s insurer. You can also lodge a claim through your employer or your GP. The insurer then opens a claim file and will ask you questions about how your injury occurred. Having a lawyer assist at this stage ensures you do not miss any deadlines and that important evidence is preserved for your claim. 

Insurer Investigation

The insurer has 20 business days to decide liability. They may ask for information from your employer and further medical information or they may arrange an independent examination. If they accept your entitlement, payments begin.

Treatment & Rehabilitation

You’ll access medical and allied health services under the insurer’s approval. A case manager may coordinate a Return-to-Work program, tailoring duties to your recovery. We stay involved to ensure your treatment remains appropriate and that return-to-work plans genuinely support your recovery – not just insurer deadlines.

Ongoing Reviews & Disputes

Insurers periodically review your entitlements. If they stop paying your wages or for your treatment, you can request a review by the Workers’ Compensation Regulatory Service. This is where strong legal advocacy becomes essential to protect your entitlements and challenge any unfair decisions.

Lodgement of your Common Law Claim

Once your degree of permanent impairment is determined, you will receive your Notice of Assessment. We are then able to lodge your Notice of Claim for Damages and arrange for you to undergo independent medico legal assessments. These will be performed by different doctors to those who assessed you for the workers’ compensation insurer.

Settlement or Hearing

During the common-law claim for employer negligence, the majority of claims are resolved by agreement. If they don’t resolve at the first settlement conference, court proceedings may follow. Generally, very few claims ever make it to court. From settlement negotiations to litigation, we ensure your case is positioned for the best possible outcome.

With local insight into Queensland’s legislation and insurer practices, we make sure your WorkCover claim works for you – securing the full benefits you deserve while helping you recover and move forward with confidence.