Work Accident Injury Lawyer

Get fair compensation for your workplace accident with vbr Lawyers. We’ve got your back for workers compensation claims in Brisbane and across Queensland.

Typically takes less than 30 minutes.

  • Win more for less
  • No win, no fee
  • Award-winning team

What is workers compensation?

Workers compensation is a specific kind of insurance designed to support and protect employees if you become sick or injured at work or as a result of your employment. So, workers compensation may cover you if you have an accident at work and become injured, or if you develop some kind of illness as a result of your work (like if you develop silicosis as a result of working with silica). 

Workers compensation covers you in the case that you’re not fit to work and will seek to cover your medical expenses and rehabilitation costs.

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How do you know if you have a workers compensation claim?

There are a few different criteria for claiming workers compensation. Here are a few of the key boxes that need to be ticked.

Injury or illness at work

Your injury or illness must have occurred in the course of your employment or as a direct result of your job duties. This can include injuries from accidents, such as slips and falls, as well as occupational illnesses resulting from exposure to hazardous substances or conditions over time. 

Employment status

You must be an employee of the company or organisation where you got the injury or illness. Because of this, independent contractors, freelancers, and volunteers may not be eligible for workers’ compensation benefits.

Timely reporting

It’s essential to report the injury or illness to your employer ASAP. In Queensland, we have specific deadlines for reporting workplace injuries, and failure to do so within the required timeframe could affect your eligibility for benefits.

Caused by work

It’s essential you can establish a clear link between your injury or illness and your job. If there’s uncertainty about whether the injury was work-related, it’s advisable to consult with a workers compensation lawyer.

Your employer is covered

Your employer must carry workers’ compensation insurance or be legally required to do so. In some cases, smaller businesses or specific industries may be exempt from workers compensation requirements.

Medical documentation

In most cases, it will be really important that you have medical documentation to substantiate your claim. This might be medical records, diagnoses, treatment plans, or other supporting medical evidence. 

*Workers compensation runs on a ‘no-fault’ system.

Common workplace injuries

There are many workers compensation claim types and injuries associated with these claims. Here are some of the most common types.

Workers compensation claims are stressful. Our workers compensation lawyers make it simple. We’ve got your back.

What can be claimed for in workers compensation claims?

The key items you can claim for as part of your workers compensation claim are loss of income, medical expenses, and the assistance required as part of your illness or injury. 

More specifically:

  • Medical expenses, including GP, hospital, or therapy fees and prescription medicine costs.
  • Lost income — past and future
  • Lost Superannuation benefits — past and future
  • General damages, like pain and suffering
  • Other expenses related to your injury, like specialist pillows

Your workers compensation claim is time-sensitive. Here’s what you need to know.

You have three years from the time you are injured to lodge your WorkCover claim. For common law damages, you must submit a Notice of Claim within three years of your injury date. While both claim types allow you three years, for the strongest case and evidence, we recommend seeking legal advice as soon as you can.

The workers compensation process

The process of your workers compensation claim is going to look a little bit different for everyone. Getting started with vbr Lawyers is easy, though.

Talk with a lawyer

Get started with a chat with vbr Lawyers. Our workers compensation lawyers will spend around 30 minutes (or longer if needed) with you to find out about your claim and what steps you’ve taken so far.

Get a letter of advice

Your lawyer will send you a letter of advice within a few days. The letter will detail our list of recommendations for your claim. We aim to make these as simple to understand as possible. If you haven’t already, we always recommend seeking medical advice ASAP. 

Start the process

We’ll kick off the claim process as soon as you’re happy to get started. This can look different from case to case, but we’ll start by lodging any necessary paperwork and notifying any relevant insurers.

Our workers compensation lawyers are a little bit different.

We pride ourselves on taking a different approach to your workers compensation claim.

Frequently Asked Questions

I have been injured at work, what are my rights?

If you have been injured at work you are entitled to lodge a workers’ compensation claim. You can lodge the claim with WorkCover Queensland by phone, online, with your treating GP or with your employer. You must lodge the claim with WorkCover within 6 months of the date of the work event or work injury. If your injury has occurred over a period of time, you need to lodge the claim with WorkCover within 6 months of your first visit to a medical practitioner regarding the injury.

If you have already lodged your claim with WorkCover Queensland, a decision to accept or reject your claim must be made within 2 weeks.

If your WorkCover claim has been accepted, you are entitled to receive:

  • Weekly benefits or replacement wages;
  • Medical Expenses including surgery;
  • Rehabilitation;
  • Travel;
  • Pharmaceutical

Your WorkCover claim is a no fault type of claim. You do not need to prove legal fault for the claim to be accepted. Your WorkCover claim will continue until WorkCover is satisfied that you are fit to return to work or when your injuries have reached maximum medical improvement. If you have suffered a permanent injury, you are entitled to receive a lump sum payment of compensation. It is extremely important that you seek legal advice from an experienced personal injury lawyer when you receive an offer of lump sum compensation from WorkCover. If you receive a Notice of Assessment from WorkCover with an offer of lump sum compensation, this can open the gate for you to access common law damages. For most injured workers, if you accept the offer of lump sum compensation, this will destroy your right to pursue or make a common law claim for damages. This is why it is extremely important for you to seek legal advice immediately if you receive a Notice of Assessment from WorkCover. At vbr Lawyers, we are happy to provide you with preliminary legal advice at no obligation whatsoever and from the very start of your WorkCover claim so that you know your rights and options.

WorkCover has rejected my claim. What should I do?

Seek urgent legal advice. There are strict time limits which apply to lodging an appeal or review against a decision by WorkCover to reject your claim. You have 3 months from the date of receiving the decision from WorkCover to lodge the appeal with the Workers Compensation Regulator. We are happy to consider your claim and the reasons why WorkCover have rejected your claim. We have successfully appealed a significant number of decisions by WorkCover to reject claims. Our initial advice is at no upfront cost and at no obligation. If we consider an appeal against WorkCover’s decision has reasonable prospects of success, we will advise you accordingly and you can retain us to run the appeal on your behalf.

Who is WorkCover Queensland and how can they assist me?

WorkCover Queensland is the major workers compensation insurer in Queensland. If you have been injured at work, the workers compensation insurer is likely to be WorkCover Queensland. For your ease of reference, here are the links and contact details for WorkCover Queensland:-

Ph: 1300 362 128

WorkCover Queensland can assist you by accepting your claim, paying your medical expenses and replacement wages while you are recovering from a workplace injury.

Do I need a lawyer to assist me to lodge my claim with WorkCover?

No, however, the information you provide to WorkCover will be carefully reviewed and scrutinised with a view to rejecting the claim if warranted. At vbr Lawyers, we provide a complimentary claim lodgement service with WorkCover so that the claim form has been prepared with the benefit of legal advice and your rights are fully protected. We can assist you with the claim form preparation and lodgement at your home, our office or over the phone. We are frequently retained to help people overturn a decision by WorkCover to reject a claim when the claim form has not been completed correctly or with the benefit of legal advice.

What if my employer is self-insured? What should I do in this situation?

While most employers are not self-insured, some are, including:

  • Qantas
  • Aged Care Employers Self Insurance Group [RSL Care]
  • Woolworths
  • Queensland Rail Ltd
  • Myer
  • Arnotts
  • Wilmar Sugar
  • Arrium Ltd
  • Townsville City Council
  • Aurizon
  • Toll
  • ANZ
  • University of Queensland
  • BHP
  • Teys
  • BCC
  • Redlands City Council
  • CSR
  • Local Government WorkCare
  • Coles
  • Jupiters Casino
  • Gold Coast City Council

If you have been injured at work with any of these self-insurer employers, the same law and same claims process applies as if you claim was lodged with WorkCover Queensland, only your claim needs to be lodged with your employer rather than WorkCover Queensland.

I have been injured while working but I am not an employee. Can I still make a claim?

Firstly, it may well be that you are still covered by WorkCover. Persons who are described as ‘contractors’ often turn out after further legal analysis to be covered by WorkCover. It is a matter of getting an experienced lawyer to review the situation carefully, which we at vbr lawyers will do for you at no obligation as part of our initial advice.

If you truly fall outside the WorkCover scheme, then as long as your injury has been caused by negligence or a breach of duty owed to you by someone (eg. the principal contractor or developer of a building site who causes or allows a safety risk to arise), you will still be entitled to valuable compensation via a common law claim – see our content about Public Liability claims for information about this process.

What is a common law claim? Should I make a common law claim for damages?

A common law claim for damages is designed to put you in the same or very similar financial position you would have been in had the work accident or injury never occurred.

A common law claim should provide you with a financial buffer or nest egg that the WorkCover claim will not provide.

To be able to bring a common law claim for damages, your WorkCover claim needs to be accepted and you need to be able to prove negligence or legal fault to recover any damages or compensation.

We can assist you by considering the facts and circumstances giving rise to your work accident/injury and advise if your claim has reasonable prospects of success. We are experts in providing this very important advice.

If your common law claim is successful, you can recover the following:

(a) Pain and Suffering;

(b) Loss of Wages or Income;

(c) Future Loss of Wages or Income;

(d) Past and Future Loss of Superannuation Benefits;

(e) Out of Pocket Expenses;

(f) Past and Future Medical Treatment Costs;

(g) In some cases, a healthy contribution towards your legal costs, subject to satisfying certain conditions

What is the process? Will my case settle or does it have to go to court?

The claim process involves the preparation of a Notice of Claim for Damages. We prepare this document for you. It is a comprehensive document that explains how the accident occurred, why your employer breached their duty of care and each and every component or head of damage. After the claim has been prepared and lodged with WorkCover, there is a period of six months for medical examinations, disclosure of discovery of documents by both sides regarding the claim and then the convening of a settlement conference.

The claims process has proven highly effective for early resolution of claims, particularly if you are represented by a high quality personal injury law expert. It is highly likely that your claim will settle out of court. Approximately 99% of all of our past cases have resolved or settled without needing to go to court or conduct a trial. Your claim will be subject to a mandatory ‘pre-court’ process that is designed to try and resolve claims before court proceedings are necessary. This process is commenced by delivering a claim form to the negligent or responsible party, followed by the provision of medical evidence in support of the claim and, once your injuries are stable enough, an assessment of damages and offer to settle. We will handle this entire process. Once that is completed the parties and their legal representatives are required to attend a settlement conference to see if an agreement can be reached. Only if that conference is unsuccessful in resolving the matter can a court claim be commenced.

The commencement of a claim in court does not mean that the matter will proceed to a hearing in front of a judge. There may be many more opportunities to negotiate a settlement before that occurs. We will guide you through the court process and ensure your matter is resolved at the earliest opportunity.

How long will it take for my case to settle? How much will it cost me?

Based on our collective experience in running and resolving this type of claim it usually takes 6 to 18 months for your claim to resolve from the date your WorkCover statutory benefits cease.

We will explain the likely legal fees upfront and from day one. We provide industry leading transparency regarding our fee structure and fee policy.

No matter what happens or at what stage your case settles, the professional costs will not under any circumstances exceed 30% of the value of the claim.


If your case settles for $100,000.00 clear of any and all statutory refunds and legal disbursements/expenses, we will not charge more than $30,000.00 for professional costs. Even if we had incurred say $50,000.00 worth of professional costs to achieve the settlement and to win the case, your bill for our professional costs will not exceed $30,000.00. Using the same example, if we incurred only $15,000.00 worth of professional costs to achieve the settlement, you would of course be charged $15,000.00, not $30,000.00. We are confident you will find our fees and charges to be extremely reasonable.

Do you offer your services on a 'No Win, No Fee' basis?

Yes. We offer our services to our clients on a ‘No Win, No Fee’ basis.

At vbr Lawyers, our ‘No Win, No Fee’ policy is this:

(a) You will only ever pay legal fees for the work we do at the end of your claim and if and only if you win;

(b) We will fund and run the case for you and the legal costs will come out of your settlement monies which are paid by the insurer;

(c) In the very, very unlikely event that your claim goes to court and in the even more unlikely event that a trial is required and you lose, you would still pay us nothing but you are likely to be ordered by the court to pay the other side’s legal costs.

Our lawyers have your back. Let’s talk about your claim.

Make vbr Lawyers your partner through your workers compensation claim. A multi-award-winning firm with a stellar reputation, our lawyers have your back.

State updated!
Your state has been updated to QLD. Practice areas on compensation law have been updated.