Under section 48 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), every employer must insure each worker against injury, under a WorkCover policy or a self-insurer licence. If a worker is injured and compensation may be payable, the employer reports to the insurer and the worker applies. That is separate from notifying Workplace Health and Safety Queensland.
This guide covers the insurance side for employers, with a short section for workers. We call the Workers’ Compensation and Rehabilitation Act 2003 (Qld) the WC Act and the Work Health and Safety Act 2011 (Qld) the WHS Act. For claim forms and entitlements, use WorkCover Queensland’s own website.
Who has to be insured?
Section 48 of the WC Act says every employer must, for each worker the employer employs, insure and remain insured against injury sustained by the worker, for the employer’s legal liability for compensation and for damages. The cover must be under a self-insurer licence or a WorkCover policy. WorkCover Queensland (established by section 380) is the insurer for employers who are not self-insurers, not the work health and safety regulator.
Two points catch new employers. Section 50 says an employer who is not a self-insurer contravenes section 48 by not applying to WorkCover, in the approved form, for the policy within 5 business days after starting to employ any worker, or by failing to keep the policy in force (every required periodic return made and every premium paid). Section 51 makes contravening section 48 an offence.
Who counts as a worker?
Section 11 of the WC Act says a worker is a person who works under a contract and, for that work, is an employee for PAYG withholding purposes (or is a prescribed regulated worker under the Fair Work Act 2009 (Cwlth)). Only an individual can be a worker. Schedule 2 adds people who are workers in particular circumstances, including certain contractors, labour hire workers and unpaid interns, and lists some who are not, for example a person working under a contract of service with a company of which they are a director. Check with WorkCover Queensland if you are unsure whether a contractor or company owner is covered.
What counts as an injury?
Under section 32 of the WC Act, an injury is a personal injury arising out of, or in the course of, employment where the employment is a significant contributing factor. It includes diseases and aggravations on the same test. Section 32(5) says injury does not include a psychiatric or psychological disorder arising from reasonable management action taken in a reasonable way by the employer in connection with the worker’s employment. In the first instance the insurer allows or rejects an application (section 134).
Workers’ compensation vs a notifiable incident: two different duties
A workplace injury can trigger one, both or neither of these.
| Workers’ compensation | Notifiable incident (WHS) | |
|---|---|---|
| Law | WC Act | WHS Act, sections 35 to 39 |
| Who acts | Employer reports to the insurer (section 133); the worker lodges the claim (section 132) | The person conducting a business or undertaking (PCBU) notifies the regulator (section 38) |
| Goes to | The insurer: WorkCover Queensland, or the self-insurer | Workplace Health and Safety Queensland (WHSQ), part of the Office of Industrial Relations |
| Trigger | A worker sustains an injury for which compensation may be payable | A death, a serious injury or illness, or a dangerous incident (sections 35 to 37) |
A sprained wrist may involve a claim but not a notifiable incident. An object falling from a height that narrowly misses someone may be a dangerous incident under section 37 with no injury and no claim. An amputation is a serious injury under section 36 and may also lead to a claim. See our guide to notifiable incidents for the WHS side.
The report to the insurer is a separate duty from the WHS notice. Section 38 of the WHS Act requires the PCBU to ensure the regulator is notified immediately after becoming aware of a notifiable incident, by the fastest possible means, by telephone or in writing, and to keep a record of each one for at least 5 years from the day notice is given. Section 39 requires the person with management or control of the workplace to ensure, so far as is reasonably practicable, that the site is not disturbed until an inspector arrives or directs, with exceptions that include assisting an injured person and making the site safe.
What to do on the day a worker is injured
Steps marked “law” are backed by a section we have read. Steps marked “practice” are sensible but we did not find a section requiring them.
- Look after the person first (law and practice). Section 42 of the Work Health and Safety Regulation 2011 (Qld) requires a PCBU to ensure first aid equipment, access to it and to first aid facilities, and an adequate number of first aid trained workers or access to trained people.
- Make the area safe and check for a notifiable incident (law). Section 39 of the WHS Act allows action that is essential to make a site safe. Check the event against sections 36 and 37; if it is notifiable, notify WHSQ immediately under section 38.
- Record what happened (practice, and law for notifiable incidents). Write down who, when, where and what. Recording every injury is good practice. A free incident report form template and a free incident register (Excel) help. See also our guide to writing an incident report.
- Report the injury to the insurer (law). Section 133 of the WC Act says an employer whose worker sustains an injury for which compensation may be payable must complete a report in the approved form and give it to the insurer. It is due immediately after the first of these: the employer knows the injury has been sustained, the worker reports it to the employer, or the employer receives the insurer’s written request. Not doing so within 8 business days after that moment is an offence, unless the employer has a reasonable excuse.
- Tell the insurer if the worker asks for compensation or you pay something (law). Section 133A requires written notice to the insurer, in the approved form, if a worker asks the employer for compensation, or the employer pays the worker an amount, in compensation or instead of it, that is payable under the Act by the employer as a self-insurer or WorkCover. Not giving notice within 8 business days after the request or payment is an offence, unless the employer has a reasonable excuse.
- Point the worker to the claim form (practice). The claim is made by the worker. Direct them to WorkCover Queensland’s website.
- Find out why it happened (practice). An incident investigation is how you stop it happening again.
What an employer must not do
- Do not discourage a claim. Section 46A of the WC Act says an employer must not give a benefit or cause detriment to a person if the reason is to influence an injured worker to refrain from applying for compensation or otherwise pursuing an entitlement. A substantial reason is enough.
- Do not charge the worker for the cover. Section 52 makes it an offence to take or receive from a worker, including by deduction from wages, an amount for anyone’s legal liability as an employer for compensation or damages. Section 53 lets the worker recover an unlawful amount.
- Be careful about dismissing an injured worker. Section 232B says that within 12 months after a worker sustains an injury for which compensation is payable (section 232A), the employer must not dismiss the worker solely or mainly because the worker is not fit for employment in a position because of the injury. Section 232A says dismissal includes an unreasonable condition designed to make the worker leave, if the worker then leaves.
- Give a replacement written notice. Section 232C says that if you employ a replacement while an injured worker is not fit for a position because of the injury, you must give the replacement, before they start, written notice of the temporary nature of the employment and the injured worker’s right to return to work.
Rehabilitation and return to work
Sections 226 to 229 of the WC Act deal with the employer’s side of rehabilitation. In summary, as the Act reads:
- The employer of an injured worker must take the action required by the scheme directions to assist or provide rehabilitation, take all other reasonable steps to assist or provide it, and cooperate with the insurer (section 228). This applies from the day the worker is injured until the insurer’s responsibility for the worker’s rehabilitation ends.
- If a suitable duties program is not practicable, the employer must give the insurer a written notice stating the evidence relied on, and the insurer forms its own opinion (section 228(2) and (3)).
- If an employer fails to take reasonable steps, WorkCover may require an employer who is not a self-insurer to pay a penalty equal to the compensation paid during the period of non-compliance (section 229).
- Some employers need a coordinator and a policy. An employer who meets criteria prescribed by regulation must appoint a rehabilitation and return to work coordinator (section 226) and have written workplace rehabilitation policy and procedures, reviewed at least every 3 years (section 227). The criteria are in section 149 of the Workers’ Compensation and Rehabilitation Regulation 2025 (Qld) and turn on the employer’s Queensland wages for the preceding financial year (with a lower threshold for high risk industries), so confirm with WorkCover Queensland whether they apply to you.
For how to put a plan on paper, see our guide to return to work plans. The Return to Work Policy & Procedure Template and the Incident Management Policy & Procedure Template are starting points to adapt to your business.
For workers: making a claim
- Under section 132 of the WC Act, the application for compensation is made by the claimant in the approved form and lodged with the insurer. It must be accompanied by a certificate in the approved form from a doctor who attended the claimant. A nurse practitioner acting under the workers’ compensation certificate protocol can give it for a minor injury and a registered dentist for an oral injury.
- Section 131 sets time limits. An application is valid only if it is lodged within 6 months after the entitlement to compensation arises, and an application lodged more than 20 business days after the entitlement arises can limit what is payable. The insurer can waive the limits in some situations, but lodge early.
This guide is general information, not legal advice. Check the current law or talk to Workplace Health and Safety Queensland for your situation.
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