Hi there. If you have been injured at work, or because of your work, you may be eligible to claim workers’ compensation from WorkCover Queensland. Compensation is available for personal injuries arising out of, or in the course of, your employment if the employment is a significant contributing factor to the injury. Injuries can include psychiatric or psychological disorders, such as anxiety or depression.

You can make a claim by contacting WorkCover Queensland online (www.worksafe.qld.gov.au) or by phoning 1300 326 128. Applications must be made within 6 months of the injury arising. The date of injury may not be clear in cases of non-physical injury, where a psychological or psychiatric condition manifests over a period of time. In any case, the 6 month time limit may be extended if your delay in making an application was due to a mistake, your absence from Queensland or another reasonable cause.

Once a claim has been made, it is assessed to determine whether you are eligible for compensation and, if so, how much. You will have the opportunity to give details of the injury and relevant event(s) before WorkCover Queensland makes it decision about your eligibility. The employer is also contacted to obtain further information and notify them of your claim.

For claims involving psychological or psychiatric injuries, special criteria apply. Compensation will generally not be payable for such an injury arising from your employer’s reasonable management action taken against your or your expectation or perception of this action. In other words, injuries resulting from transfers, demotions, disciplinary action, etc, are generally not compensable.

Separate to the workers’ compensation scheme, you may have a direct legal claim against your employer if they failed to provide a safe working environment and you suffered physical or non-physical injury as a result of their negligence. If you can successfully prove their negligence, you may be awarded compensation for loss of wages and/or pain and suffering. Without more detail, it is difficult to assess the strength of this claim. A personal injury lawyer can better assess your situation and your legal rights.

Suggested way forward

You should start by contacting WorkCover Queensland to ask about your options for claiming compensation for your injuries. You may also want to speak to a personal injury lawyer who can advise you of your legal options and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.