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Workers' compensation
All employers must have workers' compensation insurance.
The Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2003 requires all Queensland businesses which employ workers to hold and maintain an accident insurance policy to cover their workers. A business must take out an accident insurance policy within 5 business days after employing people in Queensland. If you do not take out a policy within this time frame, penalties may apply.
If one of your workers has a work-related injury, workers' compensation will cover their medical costs and lost wages.
As an employer, workers' compensation will cover you for these costs too, as well as costs from possible common law claims.
This guide explains workers' compensation in Queensland.
Where to get workers' compensation insurance
The majority of Queensland employers get their workers' compensation insurance through WorkCover Queensland. Large businesses that employ at least 2,000 workers may be eligible for self-insurance; however, they still need to meet the regulations outlined in the Workers' Compensation and Rehabilitation Act 2003.
WorkCover Queensland
WorkCover Queensland provides insurance to businesses in Queensland who employ workers, and advise employers on what they should do in the event of an injury.
To apply for an accident insurance policy, you will need to give WorkCover Queensland information on your business, including:
- the date you expect to begin employing people
- the estimated wages for your business
- your predominant business activity
- your Australian business number (ABN).
WorkCover Queensland will ask other questions about your location and business details during the application. You will need to pay a premium to finalise your application.
While you continue to employ workers, you will need to renew your policy with WorkCover Queensland each year. WorkCover Queensland will contact you each July when your policy is due for renewal.
WorkCover Queensland also audits Queensland businesses to ensure they have adequate insurance to cover their workers.
Learn more about applying for an accident insurance policy.
Self-insurance
Self-insurance is available to large organisations that employ more than 2000 full-time employees in Queensland. Self-insured organisations provide accident insurance for their workers, instead of insuring with WorkCover Queensland. The Workers' Compensation Regulator oversees self-insurance licensing in Queensland.
Learn more about self-insurance.
Workers' compensation disputes
The Workers' Compensation Regulator monitors workers' compensation in Queensland. If you, as a worker or an employer, feel an insurance claim or policy is unfair, or have other disputes with insurers, you can apply for a review by the Workers' Compensation Regulator.
Also consider...
- The Workers' Compensation and Rehabilitation Act 2003 lists specific inclusions and exclusions for who should be covered for workers' compensation.
- Find out who you need to cover for workers' compensation insurance.
- Learn more about business insurance.
What to do in the event of an injury
If one of your workers suffers a work-related injury, they may be entitled to claim for workers' compensation. Queensland's statutory workers' compensation scheme is a no fault scheme (e.g. an injured worker is entitled to statutory compensation regardless of whether it is the worker's or the employer's fault that the injury occurred). Workers' compensation may include weekly compensation (for lost wages), medical/rehabilitation expenses, and reasonable travel costs.
Issues of fault and negligence (including contributory negligence by a worker) may be dealt with in a common law action for damages. Access to common law is available to all workers in Queensland who can prove negligence against an employer and who have a work-related injury. Damages may include compensation for pain and suffering or economic loss. The employer is covered for the cost by WorkCover Queensland through their accident insurance policy.
The injured worker needs to lodge a claim with WorkCover Queensland if their employer is not self-insured.
Work-related injuries
A work-related injury may include:
- a cut or fracture
- a disease
- industrial deafness
- an injury sustained while travelling to or from work
- an injury while on a recess either at work or away from work
- psychiatric or psychological disorders such as stress or depression
- aggravation of a pre-existing condition
- death from an injury, disease or aggravation of a disease.
Lodging a workers' compensation claim
If one of your workers is injured, the following steps should be taken:
- The worker notifies you immediately.
- You assess the situation to make sure they're safe. Call 000 if it's an emergency.
- Check if you need to report the incident to Workplace Health and Safety Queensland.
- The worker sees a doctor to get a workers' compensation medical certificate.
- The worker lodges a claim with WorkCover Queensland.
If the injury results in a death, you must lodge a fatal injury claim with WorkCover Queensland by phoning 1300 362 128.
You must pay the worker for the day of the injury. This is separate to compensation paid from your insurance and must not come out of the worker's sick leave, holiday leave, or any other entitlements.
You will also need to pay an excess to WorkCover Queensland. This represents the first payment of weekly compensation.
The sooner a claim is lodged, the less it will cost you, as WorkCover Queensland can make a decision and start paying the claim sooner. WorkCover Queensland will then help your worker get back to work as safely and as soon as possible.
Rehabilitation for return to work
Workers' compensation laws require employers to participate in rehabilitation and return-to-work programs for injured workers.
Rehabilitation is designed to ensure workers a safe and early return to work. If you have an injured worker, they need to advise WorkCover Queensland when they intend to return to work. They may need to take part in a rehabilitation program, which could include medical treatments and alternative duties until they fully recover from their injury.
WorkCover Queensland provides information on injuries at work and the return to work plan.
Directors, partners or sole traders
Workers' compensation legislation does not cover directors, partners or sole traders, so it is not mandatory to have cover. To insure yourself against work-related injury or illness, read more about Workplace personal injury insurance.
Also consider...
- Learn more about how you can keep your workplace safe.
- Read about work, health and safety in Queensland.
© The State of Queensland 1995–2024
- Last reviewed: 08 Sep 2021
- Last updated: 08 Sep 2021