Your right to claim
Every worker in Queensland has the right to lodge a WorkCover claim for a work-related injury or illness. This includes full-time, part-time, casual, and in many cases, contractor workers. Your employer cannot prevent you from claiming, discourage you from claiming, or penalise you for making a claim.
Your right to medical treatment
You have the right to choose your own treating doctor. WorkCover will pay for reasonable medical treatment related to your injury, including GP visits, specialists, surgery, physiotherapy, psychology, and medication. You also have the right to seek a second opinion if you disagree with a medical assessment.
Your right to income support
If your injury prevents you from working, you're entitled to weekly compensation payments. These are calculated based on your pre-injury earnings and are designed to replace a significant portion of your lost income while you recover.
Your right to a safe return to work
Your employer has a legal obligation to provide suitable duties when you're ready to return to work — duties that match your current medical capacity. They cannot force you back to full duties before your doctor says you're ready. They also cannot pressure you to come back to work against medical advice.
Your right to keep your job
Queensland law protects injured workers from being dismissed solely because of their WorkCover claim. While an employer may have other legitimate grounds for changes to employment, they cannot fire you just because you claimed. If you believe you've been treated unfairly because of your claim, you have legal options.
Your employer's obligations
Your employer must:
- Hold a current WorkCover Queensland insurance policy
- Report serious workplace incidents to Workplace Health & Safety Queensland
- Forward your WorkCover claim form to their insurer promptly
- Provide suitable duties for your return to work where reasonably practicable
- Not take adverse action against you for making a WorkCover claim
- Cooperate with the rehabilitation and return-to-work process
What your employer cannot do
Your employer cannot:
- Tell you not to make a WorkCover claim
- Threaten your job because you've made a claim
- Force you to return to work against your doctor's recommendations
- Deny you access to your WorkCover entitlements
- Interfere with your medical treatment or choice of doctor
If any of these things are happening to you, it's important to get legal advice as soon as possible. These actions may be unlawful and you may have additional remedies available.