The length of time for your workers’ compensation or WorkCover weekly payments relies on the nature and extent of your injuries and your claim type.
When will my WorkCover payments end?
People with a valid WorkCover claim who receive weekly benefits are entitled to accept payments until they can return to work. Your payments will end when:
- You go back to work – returning to work full-time will cease your workers’ compensation payment.
- Your claim is shown to be fraudulent.
- Your injury is no longer primarily linked to your employment
- You have a permanent impairment – when your injuries are stable, and you are nearing the end of your workers’ compensation case, you will have a WPI assessment. Receiving a lump sum impairment payout will stop your WorkCover payments.
- You don’t have a valid certificate of capacity.
- You reach five years – WorkCover payments end at five years if you can’t return to work and your impairment assessment is below 20%.
- Your employment is terminated for serious misconduct.
- When you hit the maximum weekly compensation cap – you will have a maximum payable amount for weekly benefits. Once you reach this limit, your payments will end.
- You retire – once you reach your retirement age, WorkCover payments will cease.
The WorkCover insurer must provide you with a written explanation of the reasons for terminating your payments with several weeks’ notice, so you can seek other sources of income in the meantime. In this situation, you would contact Centrelink to receive unemployment benefits.
Can I have a common law claim?
The workers’ compensation scheme operates on a no-fault basis. There is no need to prove negligence to receive WorkCover benefits. To have a successful common law claim, you must show someone failed their duty of care (usually your employer) and you suffered a loss. Once your workers’ compensation case ends, you could pursue a common law case, which typically has a larger payout. There are legal consequences if you are offered a WorkCover lump sum payout and wish to seek common-law damages. In this situation, you must seek legal advice. Please do this to avoid you being blocked from seeking damages compensation.
Get expert workers’ compensation legal advice.
Splatt Lawyers has been helping Queensland workers understand their legal rights for nearly three decades. Our workers’ compensation lawyers have the knowledge you need to have a successful WorkCover outcome. It’s free to know where you stand, and you owe us nothing until we win your case. For immediate legal support Call 1800 700 125.