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Your rights of review if your claim for workers’ compensation benefits is rejected

If you're unhappy with a decision about your claim, you can appeal most decisions through the Workers' Compensation Regulator (previously known as Q-COMP). The Regulator is independent from WorkCover Queensland and impartially review decisions made by Queensland’s workers’ compensation insurers. There's no cost involved to have the Regulator review the decision, but if you engage a solicitor to help you prepare your review application you will be responsible for this cost.

Some decisions that can be reviewed:

  • the decision to accept or reject a claim
  • the decision to end compensation payments, or increase or decrease compensation payment amounts
  • the failure to make a decision on a claim within 20 business days from when the claim was lodged.

Once Workcover or the self-insurer has made a decision rejecting your claim, you can ask WorkCover for an explanation of why that decision was made. This is called the “Reasons for Decision”. The request must be made within 20 days of being notified of the decision. This document should outline how WorkCover (or the self-insurer) made the decision. WorkCover or the self-insurer has five business days to supply you with this document. Once you've received the reason for decision, if you are still unhappy with the decision, you will be able to proceed with a review with the Regulator.

Very importantly, you only have 3 months from the date of receiving the letter advising you of the rejection of your claim to apply for review.  

Once you receive a decision from WorkCover or a self-insurer, it is extremely important that you contact a personal injury lawyer such as The Personal Injury Lawyers to advise you of your rights.  If you respond incorrectly, or fail to respond altogether, you may lose all right to claim significant compensation for your work injury.

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