Statutory and common law WorkCover claims in Queensland (2026)
In Queensland, an injured worker can make a no-fault statutory WorkCover claim under the Workers’ Compensation and Rehabilitation Act 2003, and generally must lodge it within 6 months after the entitlement arises. Separately, a worker who has received a notice of assessment may be able to seek common law damages by proving the employer’s negligence, generally within 3 years.
Key takeaways
Two kinds of WorkCover claim
Queensland has two separate paths for a work injury: a statutory claim and a common law damages claim. Both come from the Workers’ Compensation and Rehabilitation Act 2003 (WCRA), but they work very differently.
WorkCover Queensland describes them this way:
WorkCover claim time limits at a glance
Several deadlines apply across the two paths. The table sets them out in the order most people meet them.
|
Step |
Time limit |
Law |
|---|---|---|
|
Lodge an application for compensation (statutory claim) |
Within 6 months after the entitlement to compensation arises |
WCRA s 131(1) |
|
Full back-payment of compensation |
Lodge within 20 business days after the entitlement arises. Later lodgement limits payment to no earlier than 20 business days before lodgement (not death claims) |
WCRA s 131(2)–(3) |
|
Ask for a review of an insurer’s decision |
Within 3 months after receiving written notice of the decision and reasons |
WCRA s 542 |
|
Ask for reasons, if the insurer gave none |
Within 20 business days |
WCRA s 542 |
|
Common law claim (notice of claim for damages) |
Generally within 3 years of the injury |
LAA s 11; WCRA s 302 |
|
Court proceedings where you gave a complying notice in time |
Within 60 days after the compulsory conference |
WCRA s 302 |
The 6-month rule for lodging a statutory WorkCover claim
You generally must lodge a statutory claim within 6 months. Under s 131(1), an application for compensation is valid and enforceable only if you lodge it within 6 months after the entitlement to compensation for the injury arises.
Timing also affects how far back payments go. If you lodge more than 20 business days after the entitlement arises, the law limits the insurer’s liability to a period starting no earlier than 20 business days before the day you lodge. This back-pay limit doesn’t apply to claims for a worker’s death.
There are exceptions to the 6-month rule:
Psychological injuries in a WorkCover claim
A WorkCover claim can cover psychological injuries, but a stricter test applies. Under s 32, employment must be a significant contributing factor to the injury.
A psychiatric or psychological disorder is not an “injury” under the Act if it arises from reasonable management action taken in a reasonable way by the employer, from the worker’s perception of that action, or from action by the insurer or the Regulator about the claim. Whether an action was reasonable depends on the facts, so this is an area where advice from a Queensland lawyer can help.
Notice of assessment and the 20% DPI threshold
If an injury leaves a permanent impairment, the insurer assesses it and issues a notice of assessment stating your degree of permanent impairment (DPI). Queensland uses the term DPI, not “WPI” as some other states do.
The DPI matters because it decides whether you can take the lump sum and still seek damages. Under ss 189 and 239:
|
DPI in your notice of assessment |
What it means |
|---|---|
|
Less than 20% |
You can’t have both the lump sum and damages. Instead, you must make an irrevocable election between accepting the lump sum and seeking damages. |
|
20% or more |
You can accept the lump sum and still claim damages. |
Common law damages claims
A common law claim seeks damages from your employer for negligence. Generally, only a worker who has received a notice of assessment from the insurer for the injury may seek damages (s 237). Limited exceptions also exist, such as for some same-event or terminal-condition cases.
Because you must prove negligence, a common law claim depends on evidence about how the injury happened and the losses it caused. Making a common law claim also ends your statutory claim, so the timing of the decision matters.
The general limitation period is 3 years (LAA s 11). WorkCover Queensland says you usually need to submit the notice of claim for damages within 3 years of the date of your injury. Under s 302, court proceedings can start after the 3 years only if a complying notice of claim (or a waiver, declaration or leave) was given before the period ended. In that case, you must bring the proceeding within 60 days after the compulsory conference.
Disagreeing with an insurer’s decision on a WorkCover claim
If you disagree with an insurer’s decision, you can apply to the Workers’ Compensation Regulator for a review. Under s 542, you must apply within 3 months after you receive written notice of the decision and the reasons for it.
You can make one extension request, which succeeds only in special circumstances. If the insurer didn’t give reasons, you can ask for them within 20 business days. WorkSafe Queensland explains how the independent review process works.
Children, impaired capacity and late-discovered facts
The 3-year limitation period has exceptions that can matter for common law claims. Under LAA s 29, a person who is a minor or of unsound mind generally has 3 years after the disability ends. Under s 31, a court may extend the period to 1 year after a decisive material fact came within your means of knowledge.
Dust-related conditions (other than tobacco-related ones) have no limitation period under s 11. These exceptions are narrow, so don’t rely on them without advice.
Legal costs, refunds and tax
Common law claims involve proving negligence and meeting strict time limits, so it is worth getting advice from a Queensland lawyer about your situation before making decisions such as a DPI election.
If a lawyer acts on a “no win, no fee” basis, the 50/50 rule under Legal Profession Act s 347 caps their claim-related costs at half of what’s left after refunds and disbursements. Refunds include amounts you must repay to WorkCover, Centrelink or Medicare. Our fees guide explains the formula.
On tax, lump sum damages for personal injury are generally not taxable. Payments that replace income, including weekly compensation and the income component of some workers’ compensation settlements, are generally assessable. Check with the ATO or a tax adviser.
Claim farming and WorkCover claims
Queensland bans claim farming in workers’ compensation claims. Under WCRA ss 325Q–325T, and matching rules in PIPA and MAIA, it is an offence to pay or receive a fee for referring a potential claim, or to personally approach or contact someone to solicit or induce a claim. Limited exceptions apply.
The maximum penalty is 300 penalty units (about $51,810 from 1 July 2026). WorkSafe Queensland says claim farming has been an offence since 30 June 2022.
Frequently asked questions
Sources
Related guides
About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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