Work Injury Payout Guide
You may be eligible to claim a workers ‘ compensation payout when you have physical or psychological injuries sustained at work. However, living with a work-related psychological or physical injuries and trying to access financial support while dealing with the Queensland workers’ compensation scheme can be frustrating.
Our WorkCover lump sum payout guide explains workers’ compensation entitlements, including the following:
- The process for work-related personal injury claims
- The factors that determine the value of workers’ compensation payments
- Average compensation payout amounts
- The maximum payout you can achieve in Queensland
Obligation-Free Consultation
If you have been injured at work by employer negligence, you have the right to seek legal advice about WorkCover lump sum claims.
A free consultation can explain your rights and entitlements, and the claims process. All our WorkCover legal services are funded on a 100% no-win, no-fee basis. Pay legal costs when you win and zero if you lose. Call 1800 700 125
What is Considered a Work Injury for a Compensation Payout?
For a compensation payout, a work injury is defined as the harm a person sustains in the course of their employment when their job significantly contributed to the injury. This definition includes:
- Disease contracted in the course of employment.
- Physical harm (a personal injury)
- Aggravation of an existing condition
- Occupationally acquired mental illness
- Reduction or loss of hearing
- Death from illness, injury or aggravation
You can qualify for a work injury compensation payout when:
- You have acquired a new injury or illness
- Your work duties worsen an existing health condition
Your employment status can also impact eligibility.
NOTE: If a medical condition prevents you from working again in your usual job, you might also be eligible to make a Total and Permanent Disability Claim and receive a TPD payout.
What is a Workers’ Compensation Payout?
A workers’ compensation payout is a payment made to you for any losses you experience resulting from harm suffered on the job or work-related injury. When people hear “payout, ” they think of a single, one-time payment.
However, workers’ compensation benefits can extend for a specific period, such as up to five years (or when you reach the maximum limit), and include statutory benefits like weekly income replacement, medical costs, and rehabilitation. These benefits are designed to support you until you can return to work or for the duration specified in your entitlement.
Types of Workers Compensation Benefits
Workers Compensation Payment | Type of Payout |
|---|---|
Weekly Benefits | Weekly workers’ compensation payments replace lost income |
Medical and Related Expenses | Reimbursement of your medical treatment costs, including ambulance, hospital, rehabilitation and travel. |
Permanent Impairment Payout | A one-time permanent impairment compensation payout as assessed under the scheme. |
Common Law Work Injury Compensation | A successful work injury damages claim provides a lump sum compensation payout for employer negligence, which will end further workers’ compensation benefits. |
Your Right to Claim a WorkCover Payout
The Workers’ Compensation and Rehabilitation Act 2003 supports the legal right to claim workers’ compensation for an illness or work-related injury. WorkCover manages this legislative scheme.
Accordingly, when you lodge a workers’ compensation claim in Queensland, you claim against a WorkCover insurance policy. (your employers’ accident insurance cover)
Can I Claim a Workers’ Compensation Payout?
You can claim a workers’ compensation payout when your employer’s negligence caused a new long-term or permanent injury or worsened an existing one. You can submit a claim after stabilisation of the permanent injury suffered or at least 12 months from the injury date.
Personal injury lawyers understand the process for filing a workers’ compensation claim, including the common barriers to receiving a lump-sum payout.
Three Key Elements for Accessing Workers’ Compensation Payouts
- An assessment of the severity of your physical or primary psychological injury by an expert medical professional.
- How much income you lost due to absence from work
- The effect your physical or psychological injury will have on your current and future earnings.
WorkCover QLD Payout Examples
You could claim a WorkCover payout when employer negligence causes a financial loss. QLD personal injury law covers a wide range of circumstances. Here are some injury types included in WorkCover payout examples.
• Slip, trips and falls• Occupational asthma and other lung damage
• Back and spine injuries
• Shoulder and rotator cuff damage
• Fractures
• Eye injury payouts
• Head injuries and brain damage
• Long-term and permanent disabilities
• Mental illness claims
• Exposure to dangerous chemicals
• Upper and lower arm injuries
• Hearing loss
• Fatal accidents
• Muscles, tendons, and ligament damage
• Severe burns
Five Steps to Lodging a Workers’ Compensation Claim
- Get medical help: inform your doctor of your work-related injury and get a workers’ compensation medical certificate.
- Lodge an injury report with your employer
- Keep copies of your assessments and reports.
- Get professional legal advice: an experienced compensation lawyer will advise options for seeking benefits and lump sum payments.
- Lodge your work compensation claim: you submit your case to WorkCover. Both you and your employer can lodge this.
- Be aware that there are strict time limits and that early intervention can support the success of your case.
Free Consultation
Splatt Lawyers is a 100% no-win, no-fee law firm that provides free initial legal advice for workplace injury claims arising from employer negligence.
Our no-risk legal funding means you pay nothing until you win, and zero if you lose. Call 1800 700 125
How Long for a Successful WorkCover Compensation Payout?
The timeframe for a successful WorkCover compensation payout depends on the severity of your damage and the type of claim. The information below shows general wait times for each compensation payout type.
Type of Work Injury Compensation | Length of Time |
|---|---|
Weekly Income Payments | QLD WorkCover will typically decide within 20 business days. |
Medical Expenses | To receive a reimbursement from WorkCover, you must submit receipts; the amount of time can vary depending on several factors. |
Lump Sum Impairment Payout | Once your work-related injuries are stable and you qualify, you will receive a payout shortly after an independent medical assessment. |
Work Injury Common Law Payout | The timeline for common law claims is between 12 and 24 months to achieve a settlement. Factors include severity of injury and acceptance of liability. |
Table of workers compensation payment timeframes
What is Included in a Work Accident Compensation Payout?
In Queensland, if a work accident injures you and you have a successful workers’ compensation claim, the financial entitlements you may be eligible to receive are outlined below and can include:
- Weekly income
- Medical expenses
- Rehabilitation expenses
- A whole person impairment payment and/or common law damages (if you can prove employer negligence)
How Much is a WorkCover Settlement Worth?
- Compensation amounts in Queensland can vary widely based on injury severity and whether common law is involved.
- How much compensation you receive in a workers’ compensation settlement is calculated using a range of factors shown below.
1. Regular Weekly Payments
You could receive weekly compensation payments that covers lost wages when you are off work due to an illness or injury. The amount you receive is calculated based on your pre-injury average weekly pay.
Your payment will be calculated as a percentage of this figure, as per the Workers’ Compensation and Rehabilitation Act 2003.
2. Medical Treatment Costs
Queensland WorkCover can reimburse medical costs, such as:
- Ambulance and hospital fees
- Rehabilitation services
- Home assistance
- Travel costs
- Other out-of-pocket expenses
NOTE: WorkCover will cover expenses deemed reasonable.
Some medical fees require a referral, while others do not.
3. Permanent Impairment Lump Sum Payouts
- When you have a permanent injury or psychological impairment, you may receive a one-time, lump-sum compensation payment.
- The permanent impairment payout value will be calculated using a degree of impairment assessed by a specialist doctor.
4. Injury Damages Claim
You could be eligible to claim common law damages when your employer’s or co-worker’s negligence causes an injury. If successful, you would receive a lump-sum settlement.
Average Lump Sum Compensation Payout Amounts
It can be challenging to learn the average compensation payout value, as this information is often confidential. However, some information is publicly available.
WorkSafe QLD has reported an average of over 3,200 common law claims for physical and psychiatric work injuries per year, with an average payout of $168,316.
- Severe injuries can lead to payouts exceeding $500,000.
- Moderate injuries can result in payouts between $15,000 and $100,000.
- Minor injuries could result in a few thousand dollars in damages.
In some cases, injured workers may choose not to pursue a common law claim and instead receive a lump-sum payment for permanent impairment (others may claim for both). A statutory benefits scheme determines the value of this payment.
If you are considering making a work injury common law claim and seeking a permanent impairment payout, you have the legal right to seek legal advice.
NOTE: You cannot claim both if you have an impairment rating below 20%.
Next, we explore how compensation is calculated in our guide to workers’ compensation payouts.
How Are Weekly Compensation Payments Calculated?
WorkCover (the Queensland Workplace Insurer) calculates the value of weekly benefit payments, and how much you receive relies on the following:
- How long the medical assessor says you should be off the job, OR
- The time off work specified by your work capacity
- The date of your work accident: the time your injury started
- The date your medical professional assessed your injury
- The length of time you have received compensation
- Whether an industrial award covers you
- The value of your existing income
- The current value of Queensland OTE: average adult ordinary time earnings
Your past 12 months’ wages determine the value of weekly compensation payments. Furthermore, if you began working for your employer recently or do not have 12 months of employment history, WorkCover will base the income benefit on your earnings since you started.
In cases where those above cannot serve as a basis for calculation, WorkCover will rely on the earnings of another employee of the same employer or a relevant industrial award.
How Much Does WorkCover Pay for a Work Injury?
When you have an approved WorkCover statutory claim, and you’re off work, your weekly replacement income calculation is as follows:
First six months off work
WorkCover income benefit will be 85% of your usual weekly earnings or the pay rate specified by your industrial award (if you have one), whichever is higher.
If an industrial award does not cover you, the calculation uses 80% of Adult Average Time Earnings (QOTE from the Australian Bureau of Statistics). To know your payment, multiply your current salary (or the relevant QOTE figure) by 0.80.
Between six months and two years off work
During this period, your income benefit will be 75% of your regular weekly earnings or 70% of QOTE, whichever is higher.
Between two and five years off work
In this final workers’ compensation benefit period, you can receive 75% of your regular weekly pay or 70% of QOTE if you prove you have a degree of permanent impairment above 15%. If not, you will be paid a figure equivalent to the single pension rate.
When Do Workers’ Compensation Payments End?
Statutory WorkCover payments do not last forever. Your weekly benefits will cease when you:
- Return to work (you are fit for work).
- Receive a lump sum compensation offer.
- Have been paid weekly benefit payments for five years
- Received the maximum payable amount.
- Achieve a work injury damages settlement.
- Reach retirement age.
Two Types of Workers Comp Lump Lum Payments
There are two types of lump sum payments for a work-related injury claim.
- Permanent impairment payout
- Common law settlement
Type of Claim | Table of Lump Sum Payout |
|---|---|
Permanent impairment payout | When assessed as permanently incapacitated using the WPI scale, the workplace insurer can settle a claim with a one-off payment. |
Work injury common law payout | You take legal action against your employer for negligence, and their insurance company awards a compensation settlement. |
Workers comp lump sum payout table
When Can I Claim a Lump Sum Workers Compensation Payout?
When you are close to the end of a QLD Workcover claim, you may be entitled to lump sum compensation for permanent impairment.
- In Queensland, a lump sum for permanent impairment is assessed based on the Degree of Permanent Impairment (DPI) after the condition stabilises.
- This payment settles all entitlements and obligations due to you through the Workers’ Compensation and Rehabilitation Act.
Do All Claimants Get a Workers’ Compensation Settlement?
Not all Queensland employees with valid workers’ compensation claims receive a one-off payout. Some people:
- Recover from their injuries and go back to work without any permanent impairment benefits
- Or their employer was not at fault for the injury
If you are eligible, you can receive a payout when:
- WorkCover terminates your compensation benefits with a lump-sum offer
- You win common law damages, concluding your work injury case with a settlement
Accepting a permanent impairment lump sum payment can prevent you from pursuing a common law claim, depending on your level of permanent impairment.
The WorkCover website explains that legal advice can help you understand the process. So, It is recommended you seek independent legal advice before accepting a lump sum offer.
If you are an injured worker, Splatt Lawyers provides legal insights for WorkCover claims on a 100% no-win, no-fee basis. It’s free to know your rights. Call 1800 700 125
What is a Common Law Claim for a Work Injury?
When you make a common law damage claim for a work accident, you are taking legal action against your employer’s insurance company for a financial loss.
- Once approved, you receive compensation for damages.
- To succeed, you must prove your boss’s or co-worker’s action or inaction caused your injury.
- Common law claims require proof of employer negligence, such as unsafe work practices or lack of training, to succeed.
- Making a common law claim for serious injuries and receiving a work injury damages payout for employer negligence will impact your entitlement under a statutory claim.
- Specifically, a settlement will end your entitlements to weekly payments, medical expenses, and rehabilitation benefits under the workers’ compensation scheme.
How Much is a Work Injury Common Law Damages Payout?
The value of a work injury common law damages payout relies on your unique circumstances and how much your daily life has been impacted. For example, if you work as a labourer, a back injury will challenge your work capacity more than if your job is at a desk in an office.
When approved, you will receive a settlement for work injury damages. This payment compensates for a loss and considers the following factors:
- Pain and suffering
- Lost income and super, past and future
- Rehabilitation and medical expenses
- The cost of additional care and support
- Travel costs
- Other out-of-pocket expenses
Can I Claim a Common Law Work Injury Payout?
You may be eligible to lodge a common law claim for work injury damages when your employer’s negligence causes you harm.
Not all injured workers qualify to make a WorkCover common law claim, and some can also claim a permanent impairment payout.
A personal injury lawyer understands the process for seeking damages and the eligibility requirements.
How Do I Claim a Work Injury Common Law Payout?
To start the process of a Queensland work injury damages claim, you will need:
- Information about your injury and impairment
- Your injury dates and accident details
- Your medical history: pre-existing injuries or health issues that could contribute to your impairment
- Information about the compensation you have already received.
- Information about previous jobs that may have caused you harm.
- Your notes detailing your co-worker’s or employer’s negligence.
- A copy of your permanent impairment assessment
How Much is a Workers’ Compensation Lump Sum Payout?
You could receive a lump sum compensation payout when you have an approved whole person impairment claim. In Queensland, the settlement value ranges from $18,470 for minor impairment to $422,060 (as of 1st July 2023), as specified by the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
You have the right to legal advice on your available options, which is helpful when discussing an occupational compensation settlement with an insurance company.
A Splatt work injury compensation lawyer can explain how this works during a free case review. It’s free where you stand. Call 1800 700 125
Other Types of Work-Related Personal Injury Claims
Work-related motor vehicle accidents
When you have a car accident while driving to or from work or travelling for work purposes, you could also be eligible to make a journey claim.
Superannuation TPD claim
If you cannot return to your usual occupation due to a physical or psychological permanent impairment, you might also claim a TPD insurance benefit through your superannuation insurance provider.
Legal Advice for a Workers’ Compensation Payout
Dealing with complex legal issues can be challenging when you are injured in a work accident. Particularly when negotiating with your employer, WorkCover and other legal entities.
Depending on the nature and severity of your injuries, you could be elgible for several legal claims, including:
- Workers’ compensation claim
- Whole person impairment
- Common law claim
- Superannuation TPD disability claim
Our compensation lawyers work with the guidance of Kerry Splatt, a QLS Accredited Specialist in personal injury law. Furthermore, our workplace legal services are backed by a 100% No Win, No Fee legal funding guarantee. Pay when you win and zero if you lose.
Our workplace injury lawyers provide free legal advice to explain your rights. Call 1800 700 125
WorkCover Payout Lawyers Near Me
Splatt Lawyers provides a free consultation for workers’ compensation claims from ten locations QLD-wide, including:
WorkCover Lump Sum Compensation FAQs
Will My Work Injury Damages Payout Case Go to Court?
Most QLD workplace injury claims are settled by mediation, which avoids costly court proceedings. However, if the insurer makes a low settlement offer or denies a claim, litigation in court is an option.
Be aware that court proceedings for a common law work injury claim must start within three years of your accident date, with some rare exceptions.
How is Permanent Disability Defined?
A permanent disability is any long-term physical injury or mental health disorder that impacts your capacity to do your job and earn an income.
- WorkCover can request an independent medical assessment that uses the WPI scale when a workplace accident causes long-lasting damage.
- Your level of impairment will then determine the value of a lump sum settlement.
How Does Income Tax Apply to Workers’ Compensation Payouts?
QLD WorkCover weekly payments are subject to income tax deductions, and WorkCover cannot withhold additional amounts for items such as compulsory employer superannuation payments.
However, it is rare for industrial agreements to require employers to continue making superannuation payments while an injured employee is receiving workers’ compensation.
Are WorkCover and Workers Compensation the Same?
WorkCover and the QLD workers’ compensation scheme refer to the same legal process.
WorkCover is the primary liability insurer for Queensland employers and is the statutory entity that manages workers’ compensation claims for our state.