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Workers' Compensation Benefits: A Quick Guide for Injured Workers
The workers' compensation system is designed to ensure that if you are injured during the course of your employment, you are entitled to compensation to help cover the costs of your injury and losses. This guide to benefits explains what you may be eligible for, how payments are determined, and what to expect if you need to file a statutory compensation claim.
If you lodge a claim for compensation and it is accepted, what type of benefits could you be entitled to?
Weekly Benefits: |
If you are unable to work, or can only work part-time due to your injuries, weekly benefits will help cover a portion of your lost wages. These payments provide income replacement while you are unable to earn your regular wages. |
Medical: |
This portion of your claim covers medical treatments such as surgeries, general doctors' visits, emergency care, physical therapy, medications, and any other necessary treatments related to your work injuries. It may also cover equipment you need for recovery, such as wheelchairs or crutches. If you have to travel for medical care, you may also be entitled to be refunded the cost involved for doing so. |
Rehabilitation: |
Rehabilitation benefits assist with recovery by covering costs for rehabilitation services and medical care needed for you to cope with your injuries. These benefits can also support retraining to help you return to your previous role, or if you are permanently disabled and cannot return to your job. |
Death Benefits: |
If a worker passes away due to work related injuries, their dependents may be entitled to death benefits. These benefits help cover funeral and burial expenses, in addition to ongoing financial support for the worker’s dependents. |
Once your claim is accepted by WorkCover Queensland, you will be assessed to determine the appropriate payment options for your situation. Experienced compensation lawyers are available to guide you through the process and ensure you receive the compensation you require.
How do these benefits work and how are they paid?
Weekly Payments
Weekly payments are the most common way that injured workers receive compensation. The amount you receive depends on factors such as the date of your injury, how long you are unable to work, and whether you are employed under an industrial award. After assessing these factors, WorkCover Queensland will calculate your weekly compensation as a percentage of your pre-injury wages.
How Weekly Payments Work
Once awarded, your weekly payments will be a percentage of the wages you earned before the injury. The payment rates are as follows:
| Up to 26 weeks: | 85% of normal wages |
| 26-104 weeks: | 75% of normal wages |
| 104 weeks onwards: | If you remain unfit for work after two years, compensation will depend on the degree of permanent impairment. If the impairment is greater than 15%, you will receive 75% of your normal wages. |
What about permanent impairment because of my injury?
Permanent impairment refers to lasting damage from an injury that prevents you from making a full recovery. If your injuries reach maximum medical improvement, as deemed by a specialist, and you are unlikely to recover, you may be eligible for a lump-sum payment for permanent impairment.
To determine if you have permanent impairment, an independent doctor will assess your condition after it stabilises. Once assessed, you will receive a Notice of Assessment from WorkCover Queensland, which may offer a lump-sum payment to finalise your claim. If your degree of permanent impairment (DPI) is 20% or more, you are entitled to a lump-sum payment and may also pursue common law damages.
If your DPI is under 20%, you will need to choose between accepting the permanent impairment lump sum payment from WorkCover or pursuing common law damages for additional compensation.
If you receive or have received a Notice of Assessment from an Insurer, you should seek legal advice from one of our experienced compensation lawyers before responding to the Notice in any way.
Medical, Hospital and Rehabilitation Expenses
When you apply and lodge a claim for workers' compensation, you can also claim medical expenses related to your injury. If your claim is approved, WorkCover will cover reasonable and necessary medical treatments. This can include:
- treatment by registered medical professionals;
- medical supplies;
- equipment rental;
- return to work rehabilitation or re-training; and
- travel expenses for treatment related visits.
How Medical Expenses Work
To have medical expenses covered, you must provide documentation for all treatments, including referrals, treatment plans and receipts. WorkCover will pay according to a set fee schedule, and you may need to cover any remaining balance. For instance, if your doctor charges more than the set fees, you’ll be responsible for the difference. WorkCover does not typically cover treatments from non-registered practitioners, such as certain alternative medicine services, unless provided by a licensed medical professional.
Death Benefits
If a family member is fatally injured at work due to a work-related accident or illness, and the work is a significant contributing factor, workers' compensation death benefits can help with financial support for the deceased's family as well as funeral and burial expenses. You will need to provide evidence of the death (and the cause of death), your relationship to the deceased, and proof of your financial dependence.
This information may be helpful to you in understanding the claims process and what benefits are available, however every situation is different. You should seek legal advice from one of our experienced compensation lawyers regarding any workplace injury you may have suffered to ensure you understand your rights.