Rights and responsibilities
Workers' rights and responsibilities
As a worker in Queensland, you have both rights and responsibilities during the claims process with WorkCover.
It’s important when you apply for compensation that you understand what is required during the application and rehabilitation process.
Making a claim
Under the Act, workers are required to cooperate with WorkCover, their employer and their doctors. This helps us make a decision on the claim and also helps workers receive appropriate medical treatment and rehabilitation as quickly as possible.
To make sure a claim is made efficiently, as a worker you must:
- complete and sign all necessary forms
- let WorkCover know if your condition or treatment changes
- make sure WorkCover has all current workers' compensation medical certificates.
You can only receive workers’ compensation benefits if we have a copy of these.
During the claim
Under the Act, you must ensure that:
- all information provided to WorkCover is true and not misleading. For example you must inform us if you're receiving Centrelink payments.
- you participate in rehabilitation programs if required to.
- you tell WorkCover if you are returning to work of any kind. This includes self-employment or working for another person. This applies whether or not you are paid for performing the activity.
Penalties can apply if you don't comply with these requirements. We can suspend a worker’s compensation benefits or prosecute for an offence under the Act if these requirements are not fulfilled. Of course, penalties do not apply if you satisfactorily participate in rehabilitation or provide a reasonable excuse for not participating.
Call us on 1300 362 128, or speak to your claims representative or customer advisor directly if you have any questions about your rights and responsibilities in Queensland.
Employer rights and responsibilities
As an employer of Queensland workers, you have both rights and responsibilities during the claims process with WorkCover.
Injuries at work
It is your responsibility to notify us immediately of any injury for which compensation may be payable. You should contact us as soon as you know the details of your worker’s injury. It's then the worker’s decision to claim for compensation.
During the claim
If the claim is accepted, you should take every reasonable step to cooperate and participate with rehabilitation and suitable duties and keep us informed about your worker’s progress in returning to work. This assists us to get your worker back to work as quickly and safely as possible.
You will need to pay an excess on any accepted claim if your worker has taken time off from work due to their injury. This excess will be the lesser of:
- 100% of Queensland full-time adult’s ordinary time earnings (QOTE), or
- the injured worker’s weekly compensation rate.
You should also notify us if you pay any claim expenses, so we can reimburse you for them.
It's your right to raise any concerns with your claims representative or customer advisor throughout the duration of the claim. This may include disputing the claim, or any decisions we make about the claim. If we have made a decision or taken action that you don’t understand, please discuss these with us so we can help you with your concerns.
If you feel your disputation, or any other issues you’ve raised with us have not been resolved to your satisfaction, you can make an official complaint.
Call us on 1300 362 128, or speak to your customer advisor directly if you have any questions about your rights and responsibilities in Queensland.