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 requirements outlined in the Workers' Compensation and Rehabilitation Act 2003.

WorkCover Queensland

WorkCover Queensland provides insurance to businesses in Queensland who employ workers.

To apply for an accident insurance policy, you will need to give WorkCover Queensland information about 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 process. 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 licensing and the performance of all insurers in Queensland.

Learn more about self-insurance.

Workers' compensation disputes

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 an independent review by the Workers' Compensation Regulator.

You may also lodge a complaint with Workers' Compensation Regulatory Services or with WorkCover Queensland.

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.

If one of your workers suffers a work-related injury, they may have a right make a 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.

Insurer obligation to give information statements

From 1 January 2025, workers' compensation insurers must give an injured worker and their employer an information statement approved by the Workers’ Compensation Regulator about the workers’ compensation scheme after a claim is lodged.

The Workers’ Compensation Regulator has approved the following information statements for download and use:

• Information statement – Insurer to worker (PDF,145KB)
• Information statement – Insurer to employer (PDF, 148KB)

These statements are designed to help workers and employers navigate the workers' compensation process and understand their rights and obligations in the scheme.

Insurers can provide the statements to workers and employers in various ways including in person, by mail or electronically (such as by email or a link in an email).

Failing to give a statement is an offence and penalties apply.

Work-related injuries

A work-related injury may include:

• physical injuries, such as a cut, burn or fracture
• diseases, such as industrial deafness and work-related respiratory diseases
• 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 conditions such as anxiety or depression
• aggravation of a pre-existing condition
• critical injuries, such as spinal cord injuries, blindness or loss of a limb
• 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:

1. The worker notifies you immediately.
2. You assess the situation to make sure they're safe. Call 000 if it's an emergency.
3. Check if you need to report the incident to Workplace Health and Safety Queensland.
4. The worker sees a doctor to get a Work Capacity Certificate – Workers' Compensation.
5. The worker lodges a claim with WorkCover Queensland (you may also lodge a claim for your worker).

You must provide timely wage information to your insurer (within 5 business days of the insurer's request) so they can calculate your worker’s weekly compensation entitlement.

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 provide rehabilitation to support an injured worker to return to work early and safely.

If you have an injured worker, they must advise WorkCover Queensland when they are medically fit to return to work. They may need to take part in a rehabilitation program, which could include medical treatments and suitable duties until they fully recover from their injury.

Your workers' compensation insurer will work with you, the injured worker, as well as medical or rehabilitation specialists to develop a rehabilitation and return to work plan for your worker within 10 business days of the worker's claim being accepted.

You must offer flexible working arrangements and/or suitable duties to help your worker come back to work if needed. This may include working from home arrangements and/or a staged return to work.

Talk to your insurer about options if you believe you are unable to provide suitable duties for an injured worker.

A worker may choose their own treating medical provider, and you can't be present during a worker’s medical treatment without your worker's genuine consent.

Ensure your rehabilitation and return to work coordinator manages and monitors your worker's return to work process. If you do not meet the requirements to have a rehabilitation and return to work coordinator, ensure a suitably competent and qualified staff member is managing this process.

The WorkSafe website provides information on rehabilitation and return to work, including return to work planning.

Directors, partners or sole traders

Workers' compensation legislation does not cover directors, partners or sole traders. If these arrangements apply to you, read more about Workplace personal injury insurance to insure yourself against work-related injury or illness,

Also consider...

• Learn more about how you can keep your workplace safe.
• Read about work, health and safety in Queensland.
• Access and share free and independent workers' compensation information and advice services for Queensland businesses and workers, including the:
  • Workers' Compensation Information Advisory Service for Employers
  • Workers' Compensation Information Advisory Service for Workers
  • Workers' Psychological Support Service, which connects workers experiencing a work-related mental injury with appropriate community services.