Steps to Take After an Accident at Work
Need to know what to do when you are injured at work? You have arrived at the right place. Our legal guide explains:
- Queensland workers’ compensation legislation
- The WorkCover insurance claim process
- And what you do next when injured at work
Can I Make a Workers’ Compensation Claim?
All Queensland employees must comply with Queensland workplace health and safety laws. Sadly, many workers still suffer work-related injuries from workplace accidents every year. While some are harmed in a single incident, others experience suffering over time. For example, a mental injury, skin cancer from excess sun exposure, back injuries, and the worsening of an existing medical condition.
Regardless of how the injury occurred, you may be eligible to claim weekly payments or lump sum compensation through your state workers’ compensation insurer.
Splatt Lawyers provides legal advice regarding your rights when you have negligence-related work injuries. It’s free, to be sure – Call 1800 700 125
More about compensation claims
The Correct Steps for Injured Workers
Many workers don’t know the correct steps when injured at work. Some may also be hesitant to speak about their circumstances.
However, this knowledge can be the difference between successfully claiming compensation, receiving less, or having a claim denied. Queensland workplace laws are tricky, and your employer will likely seek to limit their liability.
WorkCover QLD, the leading state workers’ compensation insurance company, will manage workers’ compensation claims and is liable for funding benefit payouts. Like many insurers, they may seek to limit your entitlements or reject your case.
WorkCover also provides a range of other support services, including training and education, return-to-work services, domestic assistance, and access to its network of medical and rehabilitation providers.
When you have a legitimate work-related injury, you may be entitled to make several types of claims, including:
- Workers compensation claim
- Whole person impairment benefit
- Common law damages claim
- Total and permanent disability (TPD) claim
Free Consultation for Injured Workers
A Splatt work injury lawyer can explain your legal rights and eligibility during a free consultation. They can also assist by explaining your recommended next steps and possible outcomes.
All our legal services are funded on a 100% no-win, no-fee basis with no upfront fees or expenses. It’s free to know where you stand. Call 1800 700 125
How much is a worker’s compensation payout?
Steps to Take When Injured at Work
These are the recommended steps to take after a work accident:
- Report the Injury to Your Employer
- Gather evidence and lodge am injury claim form
- Seek medical treatment
- Keeping accurate records
- Lodging your WorkCover claim
- Comply with strict time limits
- Legal advice from a personal injury law firm
- Understanding the value of your benefits
Step 1: Report the Injury to Your Employer
The first step for any physical or psychological workplace injury is to report the accident (or series of events) to your employer or supervisor. This document should explain when and how the injury occurred.
Most employers will have an injury logbook where you record the following:
- Your job role at the time of your injury
- Date and time of the accident
- Your current employment industry
- Where it happened
- The type of injuries sustained
After notifying your employer, you can access their insurer’s details so you can follow up with them about your workplace injury.
Gather Evidence and Lodge an Injury Claim Form
Gathering evidence will also help your case, such as:
- Photos and videos of the workplace accident scene
- Images and details of any defective machinery, including the make and model
- Witness statements
- Information about additional factors that may have caused the incident
- Details of anything else that helped cause the incident
Furthermore, under the Queensland Work Health and Safety Act 2011, all employers are legally responsible for taking reasonable care to ensure a safe and healthy workplace. So, record anything considered a breach of duty, like a negligent work process, inadequate training, poor lighting, unsafe surfaces, dodgy equipment, or similar.
Do I Have a Valid Claim?
Step 2: Get Medical Treatment for a Work-Related Injury
Next, seek medical attention. You are legally required to attend a GP or hospital as soon as possible following the accident. The insurer could use any delay against you and reduce the validity of your claim.
You can choose to see your own doctor, who knows your medical history. They can diagnose your condition.
For psychological injuries caused by workplace stress, depression, bullying and harassment, or other mental injuries, you should see a psychologist, psychiatrist or other health providers. The medical report will also help support your case.
Finally, following the Workers’ Compensation and Rehabilitation Act 2003, your treatment provider should complete a medical certificate (Certificate of Capacity) to give to QLD WorkCover. Then you can claim weekly compensation payments when you can’t go back to your normal duties.
Step 3: Maintain Accurate Records
WorkCover will require records of all your medical costs (including travel expenses), no matter how minor, before you can receive workers’ compensation benefits. You can also claim accommodation costs if you need to relocate to Brisbane or another city or town in Queensland for treatment.
For work-related common law claims, you will need even more evidence, so keep a diary of activity related to your case, like the date and time of medical appointments, copies of scans, assessments, reports, and so on.
Free Online Claim Assessment
Step 4: Lodge a Workers’ Compensation Insurance Claim with WorkCover
WorkCover funds workers’ compensation payments in Queensland and provides financial support for any medical expenses or lost wages related to a workplace injury. When lodging a claim form, you must provide:
- Your employer’s name and contact details
- The date of your incident
- Details of how you were harmed
- A medical certificate from your doctor or specialist outlining the extent of your injuries
Next, once you have submitted your claim, WorkCover will assess the details and determine whether it is eligible for compensation.
Finally, when your case is approved, you receive weekly payments for lost income and ongoing support for any medical treatment or costs associated with your recovery.
You can also receive access to physiotherapy, occupational therapy, job retraining, or workplace modifications. Employers, insurers, rehabilitation providers, doctors, and health providers play a crucial role in recovery as they support people injured at work.
Step 5: Claim Within Strict Time Limits
In Queensland, strict time limits apply for work injury claims. Depending on the type of case, you have six months to lodge a claim with WorkCover, but please report the accident to your employer immediately.
Additionally, there is a general time limit of three years for other types of work-related personal injury claims, such as a permanent impairment lump-sum payout or a common law claim (suing the business owner for damages). In this case, you should give WorkCover a notice of damages claim or request a permanent impairment assessment.
Step 6: Seek Legal Advice from Workers’ Compensation Lawyers
Personal injury lawyers can explain how to manage workers’ compensation claims. If you have been injured at work, you can seek legal advice regarding your rights and entitlements. A lawyer or solicitor can provide legal insights
Because of the complex nature of these cases and the many barriers to a successful compensation payout, a lawyer or solicitor can explain:
- Your eligibility for weekly payments
- The approximate value of lump sum compensation
- The WorkCover claims process
- How to complete and lodge documents
- Provide legal representation in negotiations with the insurer
- Represent you in court (if required)
Splatt Lawyer’s workplace accident legal services are 100% no-win, no-fee. It’s free to know your rights and entitlements. Call 1800 700 125.
It's Free to Know Your Rights
What is the Average QLD Work Injury Payout?
According to Queensland workers’ compensation claim statistics for 2021-2022, the average common law settlement for a work injury was $175,772. As expected, cases dropped during COVID-19, but there were 1,226 common law work claims in one year before the pandemic.
Psychological and psychiatric injury claims account for a smaller percentage of cases, but they typically receive higher compensation payments, with $61,047 being average in 2021–2022. Of course, some employees receive restitution for both mental trauma and physical injury.
For statutory claims covered by the workers’ compensation insurer, how much you get is frequently related to your industry. Injured employees from the mining and construction sectors receive the highest average payment (according to WorkCover data), with an average of $72,798.
View a list of compensation payouts
How Much Compensation Do I Get for an Injury at Work?
Many factors influence how much compensation you receive for a workplace injury. Generally, you get more for a serious injury and less for mild damage.
NOTE: You will receive less financial damages if it can be shown that your own negligence contributed to your injuries.
Calculate my compensation payout
What If I Can’t Work Anymore?
If your physical or mental damage is severe enough to prevent you from working in your regular occupation, you may be eligible to claim permanent total disability compensation. If successful, you would receive a one-off lump-sum TPD payout, which could provide much-needed financial support or enable early retirement.
More about claiming TPD benefits
More Resources When Injured at Work
Does WorkCover cover travel to and from work?
What is the WorkCover claim process?
What are the most common workplace injuries?
The top nine errors for workers’ comp claims
Accident at Work Lawyers Near Me
Injured at Work FAQs
What should your employer do for you if you were injured at work?
If you are injured at work (even at a small business), your employer is legally obligated to keep a register of injuries and help you seek medical support. Employers in each state must have work accident insurance to financially protect employees injured at work.
When a person suffers an injury on the job, their employer completes Workcover forms so they can claim workers’ comp benefits.
What is the Role of Safe Work Australia?
Safe Work Australia does not enforce workers’ compensation laws, resolve disputes, or provide advice or support services. Their role is to:
• Develop work health and safety (WHS) policies and laws
• Perform research and analysis
• Release statistical data about work-related injuries
• Create national plans to improve workplace safety in Australia
What are provisional payments from WorkCover?
Depending on your state’s statutory authority, you may have access to provisional payments. These payments provide financial support while the insurer completes an investigation and decides liability for your claim.
What qualifies as a serious injury?
A serious injury is commonly defined as any physical or psychological damage requiring medical treatment beyond first aid, like stitches or bandages. In other words, an injured employee needs medical treatment to recover. The most common causes of serious workplace injuries are:
- Slips and falls
- Lifting heavy objects
- Contact with machines
- Exposure to dangerous substances
Workplace violence and work-related motor vehicle accidents may also lead to serious injuries.
What is workers’ compensation?
Injured workers or staff who become sick due to their work can claim compensation, a form of insurance payment for employees. An approved WorkCover claim can provide payments for lost income, medical expenses, rehabilitation, and travel costs.
Who is the workers’ compensation regulator in Queensland?
Workplace Health and Safety Queensland, also known as the Office of Industrial Relations, is responsible for enforcing work health and safety laws and reducing the likelihood of worker injuries.
What is the State Insurance Regulatory Authority (SIRA)?
In NSW, the State Insurance Regulatory Authority (SIRA) is the government body that regulates the state workers’ compensation scheme.
What qualifies as a workplace injury?
Any harm that occurs while working or engaging in activities related to their job is considered a workplace injury and can affect future employment prospects. This definition includes:
- While travelling to or from work
- During work-related travel or events
- While on a scheduled break
- Or directly related to your job
Physical harm, psychological issues, illnesses, or even death can result from dangerous incidents at work.
How do I report a notifiable incident?
Workers’ compensation is governed by individual Australian states and territories, each with its own regulator. Below is a link to contact for workers’ compensation advice in your state.
- WorkCover Queensland
- WorkCover NSW
- Victoria
- Western Australia
- Worksafe Tasmania
- Return to Work SA
- WorkSafe ACT
- NT WorkSafe
- Norfolk Island Workers Compensation Scheme
All these states of Australia have a continuing connection with the land’s traditional owners.