Your rights of review if your claim for workers’ compensation benefits is rejected
If you're unhappy with a decision on a claim, you can appeal the decision through Q-COMP, the Workers Compensation Regulatory Authority. Q-COMP are independent from WorkCover Queensland and impartially review decisions made by Queensland’s workers’ compensation insurers. There's no cost involved to have Q-COMP review the decision, however should 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.
Reasons for decision
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 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'll be able to proceed with a review with the regulator.
Importantly, you only have 3 months from the date of receiving the letter advising you of the rejection of your claim to apply for a review.
Timing is critical
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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If you have been injured as a result of any vehicle such as car, bike or boat accident, or whilst at work, on holiday, or in many other situations you believe was caused by someone else's wrongful act or negligence, you may be entitled to compensation. Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing. Chat, call, email, or let us assess your claim, just press the button below. There is no cost, and no obligation.