Statutory Claims

All work-related injury claims made in Queensland must first be lodged as a statutory claim usually through WorkCover Queensland. Fortunately, as Queensland operates under a ‘no fault’ worker’s compensation scheme, it means that Queensland workers have the right to apply for statutory benefits, no matter whom or what was at fault for causing their workplace injury.

Statutory compensation (payments and benefits) paid under this scheme may include weekly payments as income replacement, lump sums to compensate for permanent impairment and/or hospital and medical expenses. The overarching goal of Queensland’s statutory scheme is to get you back to work as soon as possible. Often, this will take the form of treatment for the injury alongside implementing what is known as a ‘suitable duties’ program in your place of employment, in liaison with your employer. Your may even be covered while working from home.

The types of injuries that might give rise to a statutory claim include physical injuries, psychiatric or psychological disorders, diseases, aggravation of a pre-existing condition or death from an injury or disease. Where the worker dies as a result of their injury, then the workers’ surviving dependants will be eligible to lodge a statutory claim in order to restore the income the deceased worker was providing.

The statutory claims process is set up in a way that is intended for the injured worker to be able to navigate themselves, however many people still prefer to have the guidance and support of a lawyer particularly where the injury has caused a lot of stress in the worker’s life. There are also strict time limitation periods in lodging a statutory claim; to ensure you do not inadvertently waive your right to lodge a statutory claim, you may wish to consider taking advantage of a free initial consultation with one of our lawyers. Ensuring you successfully lodge your statutory claim is also a necessary prerequisite for filing a common law claim for damages.