Work Injury Payout Guide
You may consider claiming a workers ‘ compensation payout when you have physical or psychological injuries sustained at work. At such a time, living with a work-related injury while dealing with the challenges of the Queensland workers’ compensation scheme can be frustrating.
Our workers’ compensation payout guide helps you learn about workers’ compensation entitlements. This article explains:
- The process for claiming workers’ compensation entitlements
- The factors that determine the value of your workers’ compensation payments
- Average compensation payout amounts
- The maximum payout you can achieve in Queensland
NOTE: If your damage prevents you from working again in your usual job, you might also be eligible to make a Total and Permanent Disability Claim and get a TPD payout.
If your job has harmed you (due to employer negligence), you have the right to seek legal advice from our workers’ compensation lawyers. It’s free to understand your rights and entitlements and if you have a valid claim. Call now for free advice: 1800 700 125
What is my claim worth?
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 future earnings.
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 from their employment when their job significantly contributes 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 an illness, injury or aggravation
In addition, be aware that you can meet the definition (for a work injury compensation payout) when you have acquired a new injury or illness or your occupation worsens an existing health condition.
More about common law psychological injury claims >
Next, our workers’ compensation guide defines a work injury 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 Payments | 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. Reimbursement of your medical treatment costs, including ambulance, hospital, rehabilitation and travel. |
| Common Law Work Injury Compensation | A successful work injury damages claim gives you a lump sum compensation payout for your employer’s negligence, which will cease further workers’ compensation benefits. |
Your Right to Claim a WorkCover Payout
The Workers’ Compensation and Rehabilitation Act of 2003 supports your 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.
Our personal injury lawyers will explain the claim process for filing a claim for workers’ compensation entitlements. Legal advice will put you on the right path when seeking lump sum payouts.
WorkCover QLD Payout Examples
You can receive a WorkCover payout when employer negligence causes a financial loss. Thankfully, QLD personal injury law covers a wide range of circumstances. Here are some examples of claims for work injury damages payouts.
• 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, tendon, 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.
Splatt Lawyers is a 100% No-Win, No-Fee law firm that provides legal advice for workplace injury claims due to employer negligence. Our no-risk legal funding means you pay nothing until we win your case and zero if you lose. Call now for your free case assessment: 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 the standard wait times for each type of compensation payout.
| 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 afterwards. |
| Work Injury Common Law Payout | The time frame for a common law payout varies depending on the severity of injury and acceptance of liability. |
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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.
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 include weekly income, medical expenses and (for some people) a whole person impairment payment.
What is My WorkCover Settlement Worth?
A worker’s compensation settlement is calculated using a range of factors shown below.
Workers compensation settlements calculated here >
1. Regular Weekly Payments
You could receive weekly compensation payments 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 reimburses medical treatment costs, such as ambulance and hospital fees, rehabilitation services, home assistance, and travel costs. WorkCover will cover expenses deemed reasonable. Certain 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. Your permanent impairment payout value will be calculated using the degree of impairment assessed by a specialist doctor.
4. Claim Injury Damages
You could claim common law damages when your employer’s or co-worker’s negligence causes an injury. When successful, you would receive a lump sum settlement.
Average Workers Compensation Payout Amounts
Knowing the average compensation payout value can be difficult, 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.
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 claim for both). A statutory benefits scheme determines 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 can be blocked from claiming both if you do not follow specific legal processes.
Next, we explore how compensation is calculated in our guide to workers’ compensation payouts.
How Are My Weekly Compensation Payments Calculated?
WorkCover (the Queensland Workplace Insurer) calculates the value of your 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 your weekly compensation payments. Furthermore, if you began working for your employer recently or do not have twelve months of employment history, WorkCover will base your income benefit on your earnings since starting.
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.
What is my work injury claim worth >
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.
How Much Will WorkCover Pay for a Work Injury Payout?
When you have an approved WorkCover 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 years 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.
What is my claim worth?
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.
What is a Lump Sum Workers Compensation Payout?
Upon completing a Queensland work injury claim with WorkCover, you may be entitled to lump sum compensation for permanent impairment. This payment settles all legal claims and obligations due to you through the Workers Compensation and Rehabilitation Act.
More about whole person impairment claims >
When Can You Get a Workers Comp Lump Sum Payment?
You could receive two types of lump sum payments for a work-related injury claim, and to succeed, you will likely need expert legal advice from a work accident lawyer.
| Type of Claim | Type of Lump Sum Payout |
| Permanent impairment payout | When assessed as permanently incapacitated using the WPI scale, the insurer can settle your claim with a one-off payment. |
| Work injury common law payout | You sue your employer for negligence, and their insurance company awards you a compensation settlement. |
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 will evaluate you using the WPI scale when a workplace accident causes long-lasting damage. Your level of impairment will determine the value of your lump sum settlement.
More about permanent disability assessments >
Do All Claimants Get a Workers’ Compensation Settlement?
Not all Queensland employees with valid workers’ compensation claims get a one-off payout. Some people recover from their injuries and go back to work. To be eligible for a settlement:
- Your lawyer negotiates with WorkCover to terminate your compensation payments with a lump-sum offer
- You win your common law claim, concluding your work injury case with a damages settlement.
The value of workers’ compensation settlements often relies on legal advice and negotiation skills. If you are an injured worker, Splatt Lawyers provides legal insights for WorkCover claims on a 100% no win, no fee basis. Knowing your rights is free: Call Now: 1800 700 125.
What is the Value of a Workers’ Compensation Lump Sum Payout?
You could receive a sizable lump sum compensation payout when your Whole Person Impairment Claim is successful. In Queensland, this can range from $18,470 for minor impairment to a maximum of $422,060 (as of 1st July 2023) as specified by the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
Getting legal advice on the available options helps when discussing an occupational compensation settlement with an insurance company. A specialist workers’ compensation lawyer enables you to understand the process, making you more likely to get justice.
What is my lump sum payout worth>
What is a Common Law Claim for Work Injury?
When you make a common law damage claim for a work accident, you essentially sue your employer’s insurance company for your loss. When you win, you receive compensation for damages. To succeed, your lawyer must prove your boss’s or co-worker’s action or inaction caused your injury.
It’s important to understand that making a common law claim and receiving a work injury damages payout for employer negligence will impact your entitlement to ongoing workers’ compensation benefits. Specifically, a settlement can 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 your work injury common law damages payout relies on your unique circumstances and how much your 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 you for your loss and includes considerations such as:
- Pain and suffering
- Lost income, past and future
- Rehabilitation and medical expenses
- The cost of additional care and support
- Lost superannuation
Can I Claim a Common Law Work Injury Payout?
You can lodge a common law claim for work injury damages when the negligence of your employer caused you harm.
Many people who qualify as permanently impaired seek work injury legal advice because some can be excluded from making a common law claim. In this case, a personal injury lawyer will advise on the correct course of action to receive all your entitlements.
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
A work injury compensation lawyer will explain how this works. It’s free to know if you can claim, so contact our legal team now for immediate support. Call 1800 700 125
Other types of work-related legal claims:
Work-related motor vehicle accidents
When you have a car accident driving to or from work or travelling for work purposes, you could also be eligible to make a journey claim.
Super 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.
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Will My Work Injury Damages Payout Case Go to Court?
When the insurer makes a low settlement, proceeding to mediation or court litigation is an option. Be aware that court proceedings for a common law work injury claim must start within three years of your accident date. (There can be exceptions.) However, sometimes court actions mean owing more than the value of your compensation. Fortunately, most QLD workplace injury claims are settled without costly court proceedings.
Get Legal Advice for a Workers’ Compensation Payout
Dealing with complex legal issues is challenging when injured in a work accident. Negotiating with your employer, WorkCover and other legal entities in this situation can be overwhelming and stressful. Depending on the nature and severity of your injuries, you could have 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 have a 100% No Win, No Fee legal funding guarantee. Owe nothing until we win your claim and zero if you lose. Call 1800 700 125 to speak with our workers’ compensation lawyers for a free case assessment and advice on your rights.
WorkCover Payout Lawyers Near You
When you need legal advice for a personal injury claim, we have workers’ compensation lawyers nearby. Splatt Lawyers provides free advice for compensation matters from several convenient locations, including: