Time limits for a WorkCover claim in Queensland

There is no single deadline for a Queensland workers compensation claim. Instead, several separate clocks apply to different steps, such as telling your employer, applying to the insurer, asking for a review and later lump sum or common law steps, and each clock is set by legislation. A late step is sometimes still accepted, but it usually needs a reasonable explanation, so the safest assumption is that time limits apply from the day of the injury.

This article explains the clocks in general terms. The timeframes in the table are the usual ones, and they can differ depending on the type of injury and the step involved.

Who handles your claim

Workers compensation in Queensland is run under the Workers Compensation and Rehabilitation Act 2003. For most employers the body that handles the claim is WorkCover Queensland. Some large employers are self insured and handle claims through their own licensed arrangement. This article calls whichever body handles the claim the WC insurer.

The clocks that can apply

Each stage of a claim has its own time limit, and one clock does not pause another. The table below sets out the main steps in the order they usually arise.

Step	What it involves	How the time limit works
Telling your employer	Reporting the injury so it can be recorded and suitable duties considered	The law expects notice as soon as reasonably practical
Applying to the WC insurer	Lodging the application with a medical certificate	Usually 6 months from the date of injury
Asking for a review	Challenging a decision to reject the claim or to limit benefits	Usually within 3 months
Lump sum steps	Responding to an assessment of permanent impairment and deciding how to proceed	Usually within 1 month
Common law steps	Starting common law proceedings against the employer	Within 3 years of the date of the accident

Telling your employer

Notice to the employer is the first step and the one most often delayed. The legislation expects a worker to report the injury as soon as it is reasonably practical to do so. A short delay is common and understandable, particularly where the injury built up gradually. A long delay does not automatically end a claim, but it gives the WC insurer a reason to ask questions about when and how the injury happened.

Applying to the WC insurer

The application is lodged with the WC insurer together with a workers compensation medical certificate from a treating doctor. A certain time frame applies, and the starting point can be the date of injury or the date of the first certificate, depending on the circumstances. For a gradual onset condition, working out when the clock started can itself be a point of difference between a worker and the WC insurer.

Our article on making a WorkCover claim in Queensland walks through the practical steps of lodging an application.

If you disagree with a decision

A decision to reject a claim, or to limit what is paid, can be reviewed. The review has its own strict timeframe, and it starts from the date of the decision, not from the date of the injury. If the review outcome is also unfavourable, a further step to the Queensland Industrial Relations Commission is available, and again a separate clock applies.

This is the point at which many people lose ground. A rejection letter can sit unopened or be set aside while the person recovers, and the review clock keeps running in the meantime.

Lump sum and common law steps

Where an injury leaves lasting impairment, the WC insurer may issue a notice of assessment of permanent impairment. Depending on the assessed percentage, a worker may then face a formal election between a statutory lump sum and a common law claim against the employer. Strict time limits apply to responding to that notice and to starting any common law proceedings, and those limits run separately from the clocks above.

Our article on the lump sum or common law election in Queensland explains how that choice works. Our note on time limits for personal injury claims in Australia also explains how these different clocks generally fit together.

Can a late claim still be accepted

Sometimes. The legislation allows a late application to be accepted in some circumstances, usually where there is a reasonable explanation for the delay. Examples that decision makers have treated seriously include a person who did not realise a condition was work related, or a person who was too unwell to deal with paperwork.

Acceptance is not automatic, and the explanation needs to be supported by evidence. The longer the gap, the more closely the WC insurer will examine the medical record, because evidence recorded close to the injury carries real weight.

What this means for you

A Queensland workers compensation claim runs on several separate time limits, and each one is set by the legislation or the regulator. They begin at different points, they run independently, and a late step may be accepted only if there is a good explanation for the delay. The options generally narrow as time passes, so the dates on any certificate, notice or decision letter are worth keeping and checking against the timeframes that apply to that particular step.