Last updated 23 May 2025
The law relating to work accidents is quite complex and different laws apply depending on the date of injury. It is, therefore, advisable to seek the assistance of a lawyer who is a Queensland Law Society accredited specialist in personal injuries.
WorkCover Queensland (WorkCover) is the government authority that administers the workers compensation system under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCR Act) in this state. Some larger employers have special licences to handle their own compensation claims. These employers are known as self-insurers.
If an employer fails to insure against injury, an injured worker can still receive compensation, but WorkCover may later recover benefits paid to the worker directly from the employer and also impose penalties.
An employee injured during the course of their employment may be entitled to pursue the following avenues, which are governed by the WCR Act. An injured employee may:
- apply for statutory compensation from WorkCover
- commence a common law claim for damages against their employer indemnified by WorkCover.
There are some instances where, although an injury occurred in connection with Queensland, a different legislative scheme may apply (which may be based in another state, Commonwealth or international jurisdiction). Advice should be sought as soon as reasonably possible following a work accident to make sure that entitlements are not lost.
