Workplace Injury & Worker’s Compensation (Queensland)

What is a workplace injury claim?

If you are injured at work, or become unwell because of your work, you may be entitled to make a workers’ compensation claim. This can apply to physical injuries, psychological injuries, and illnesses that develop over time.

Workplace injury claims are not limited to catastrophic events. Some injuries are immediately serious. Others may seem less severe at first but still interfere with work, recovery, or daily life. What matters is whether your work caused or contributed to the injury or illness, and how it has affected you.

What kinds of injuries are covered?

Workplace injury claims cover a wide range of situations.

Some people are seriously injured. Others have injuries that may seem less severe but still interfere with work, recovery, or everyday life. Injuries can be physical, psychological, or illnesses caused by work over a period of time.

The system is not limited to extreme cases. It looks at whether the injury or illness arose out of your employment.

How does James Law approach workplace injury matters?

We start by listening to you. Our first step is to understand what happened at work and how it has affected you.

We then look at the information available, such as medical records and decisions made by the insurer, and explain how the workers’ compensation system applies to your situation.

Some matters need ongoing legal involvement. Others can be resolved without dispute. In some cases, the most honest advice is that further steps are unlikely to help. We explain this clearly so you can decide what to do next.

Are there time limits for workers’ compensation claims?

Yes. There are time limits.

In most cases, a workers’ compensation claim should be made as soon as possible after the injury, or after you realise that your work has caused an injury or illness. Waiting too long can make things more difficult.

Time limits can be less straightforward for injuries that develop gradually, such as psychological injuries or illnesses caused by long‑term exposure at work. These situations often need careful assessment.

What if my workers’ compensation claim is rejected or payments stop?

If your claim is rejected, or if payments are stopped, there may be options to challenge that decision.

These options depend on:

• • what decision was made
  • when it was made
  • what type of claim it is

Strict time limits apply, and some rights can be lost if nothing is done in time. 

James Law can explain what the decision means, whether it can be reviewed or appealed, and whether it is worth doing so.

What is a negligence (common law) claim?

In some situations, a separate claim may be possible if an employer failed to take reasonable care and that failure caused your injury or illness.

This is often called a negligence or common law claim. Not every workplace injury involves negligence. Whether such a claim exists depends on the circumstances and the evidence.

These claims are different from workers’ compensation claims and have different time limits.

What are the time limits for negligence claims?

In many cases, a negligence claim must be started within three years of the injury.

For injuries or illnesses that develop over time, or are diagnosed later, the timing can be more complicated. In some situations, the law allows extra time where a person could not reasonably have known they had a claim earlier.

Extensions of time are not automatic and depend on the individual circumstances. Because of this, it is important to get advice early if negligence might be involved.

How does James Law decide whether to act?

Each workplace injury enquiry is looked at on its own merit. 

We consider:

• • how the injury or illness arose
  • how it has affected you
  • what information is available
  • what decisions have already been made
  • what options are still open

Not every matter will go further. Where we think further steps are unlikely to help, we explain why. Where we are prepared to act, we stay directly involved and guide the matter carefully.

Whether James Law can assist depends on the circumstances of the matter.

What can people expect from James Law?

 People who contact James Law can expect:

• • to be listened to
  • clear explanations of how the system works
  • practical advice about available options
  • direct involvement from the lawyer handling the matter, if we act

Each matter is considered on its own facts, and advice is given carefully and independently.