Steps to take after a workplace injury in Queensland

After a workplace injury, we understand that it is a difficult time in your life and quite stressful. However, along with looking after your health and well-being, it is also important to be aware of your workers’ compensation rights and entitlements.

In Queensland, if you have been injured in the workplace or travelling to or from work, you may have an entitlement to apply for workers’ compensation with WorkCover Queensland or your employer’s self-insurer. However, there are important steps to take prior to submitting a workers’ compensation application.

Step 1: Seek medical treatment

After a workplace injury, the first thing you should do is seek medical treatment. Depending on the severity of your injuries, serious injuries may require you or a colleague to call for immediate medical treatment. For less significant injuries, you can visit your treating General Practitioner as soon as possible after your injury.

Do you have to attend the company doctor?

Though your employer may ask you or sometimes insist that you attend the company doctor for medical treatment, there is no obligation for you to attend the company doctor, and you are within your rights to refuse and attend your own general practitioner.

We recommend you attend your general practitioner in any event, as they are familiar with your medical history and can provide a more accurate diagnosis.

You can read more about your worker’s compensation and medical treatment in our earlier blog, “Workers’ compensation claims Queensland - your rights regarding medical treatment”.

Is my employer representative entitled to attend my medical appointment?

A representative from your employer may want to accompany you to your medical appointment. You do not have any legal obligation to permit them to attend a medical appointment.

The Fair Work Ombudsman confirms that an employer can ask for medical evidence confirming you are unfit for work, generally in the form of a medical certificate, however, it is not considered reasonable for an employer to go to a medical appointment with the injured worker.

Does my doctor need to complete any paperwork for a workplace injury?

When you attend your general practitioner or hospital, you can request for them to complete a Work Capacity Certificate.

A work capacity certificate is different from an ordinary medical certificate, as this document identifies, among other things:

• the date of injury;
• description of the circumstances which caused your injury;
• diagnosis of your injury(s);
• whether you are able to return to work, referred to as “work capacity”;
• information about rehabilitation to assist Workcover planning your return to work;
• time frames surrounding your treatment.

When you attend your doctor to complete the work capacity certificate, it is important to accurately report the date of injury as well as the circumstances which caused your injury.

A work capacity certificate is to be lodged as part of your workers’ compensation application.

Step 2: Ensure you report your workplace injury

Depending on the severity of your injuries, you may report your workplace injuries to your employer either prior to seeking medical treatment or soon after you have received medical treatment.

To report your workplace injury, you will need to raise and discuss your injury with your employer. As part of this discussion, you will likely complete an incident report or similar document to identify how you sustained your injury. Some employers are more prudent than others and may prepare an incident report for you.

If an incident report is prepared on your behalf, it is important that you do not sign it if you do not believe it is accurate. If your employer pressures you to sign an incident report which is not accurate, you are not obliged to sign it. We recommend that you keep a copy of the incident report for your own records.

If you are unsure whether an incident report has been completed and you have only verbally explained the incident to your employer, it is important to take the time to make notes of who you reported the incident to, the date and time of the conversation(s), and what you discussed.

When reporting your incident, it is important to identify witnesses of your workplace injury and also include any previous occasions you reported any safety concerns to your employers.

Step 3: Know your entitlements

In Queensland, you are entitled to workers’ compensation if you can satisfy the following:

1. You are a worker (as defined under the Workers' Compensation and Rehabilitation Act 2003);
2. You have lodged an application within the time limit;
3. You have suffered personal injury in the course of your employment, and your employment is a significant contributing factor to your injury.

It is important to undertake your own enquiries or speak to your union if your employer notifies you that you are not entitled to workers’ compensation.

To make a workers’ compensation claim, you can contact Workcover Queensland. You can lodge your claim online here or by phone on 1300 362 128.

If your employer is self-insured, you will need to contact the self-insurer to make an application for compensation.

If your workers’ compensation claim is accepted, you may be entitled to:

• weekly payments for loss of wages;
• payments of reasonable medical expenses related to the workplace injury;
• reimbursement for travel expenses when travelling to/from medical appointments.
• lump sum compensation for permanent impairment.

In addition to your statutory (no-fault scheme) entitlements, if your injury was caused by the negligence of another person or entity, you may also be entitled to a common law claim.

For more detailed information about the claim’s process and all your entitlements, you can read our earlier blog, “Your guide to worker’s compensation claims in Queensland”.

Step 4: Focus on your treatment

After a workplace injury, you may be eager to return to work, or you may be feeling pressured by your employer to return to work. However, it is important that you take your time and follow the advice of your treating medical team for the best chance of a fast recovery.

Do not feel pressured by your employer to return to work, as there is a chance that you worsen your injuries by returning to work before you are medically cleared to do so.  

If you are feeling pressured into returning to work for financial reasons, depending on your circumstances, you may have other options available to minimise that financial strain. You may be able to make a claim for income protection or Total and Permanent Disability (TPD). 

Get help from a workers’ compensation lawyer

If you’ve been injured at work and have lodged a workers’ compensation claim but are facing complications with that claim, you should seek legal advice immediately. Likewise, if it’s determined that you have a permanent impairment, it’s crucial that you seek legal advice as soon as you receive any offer for lump sum compensation before accepting that offer to ensure you protect any future right you may have to a common law claim.

Our workers’ compensation lawyers are highly experienced in all aspects of workplace injury claims. We will ensure we maximise any of your compensation entitlements, while you concentrate on your health and wellbeing.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au