Actions in Respect of Worker’s Compensation Claims

Nature of action Time Limit Period Legislation Provision
Application for workers’ compensation. Application must be lodged by the claimant within 6 months after the entitlement to compensation arose. s 131 Workers’ Compensation and Rehabilitation Act 2003 (Qld) An application for compensation for an injury is valid and enforceable only if the application is lodged by the claimant within 6 months after the entitlement to compensation for the injury arises.

This limitation date must be waived if the insurer is satisfied that special circumstances of a medical nature, decided by a medical assessment tribunal, exist.

Note: Where an application is lodged more than 20 business days after the entitlement to compensation arose, compensation is limited to a period starting no earlier than 20 business days before the valid application was lodged.
Application to Workers’ Compensation Regulatory Authority (Authority) (for a statutory review of a WorkCover decision). An application for review must be made within 3 months after the person applying for review receives written notice of the decision or the failure to make a decision and the reasons for the decision or failure.

NB. If the decision of WorkCover you wish to review did not contain reasons you must request reasons within 20 business days after receiving the notice.

 s 542 Workers’ Compensation and Rehabilitation Act 2003 (Qld) An application for review must be made within 3 months after the person applying for review receives written notice of the decision or the failure to make a decision and the reasons for the decision or failure.

Within that 3 month period, an applicant may ask the Authority to allow further time to apply for review. The Authority may grant the extension if it is satisfied that special circumstances exist. If the notice did not state the reasons for decision, the applicant must ask the decision-maker for the reasons within 20 business days after receiving the notice. Once reasons requested are provided, the application for review must be made within 3 months after the applicant receives the reasons.
Appeal against review of Workers’ Compensation Regulatory Authority’s decision or against a non-reviewable decision. The appeal must be made within 20 business days after the appellant receives the decision.

The notice of appeal must be served on Workers’ Compensation Regulatory Authority (or the insurer if the decision is non-reviewable) within 10 days after filing.

 s 550 Workers’ Compensation and Rehabilitation Act 2003 (Qld) Appeal to the Queensland Industrial Relations Commission within 20 business days after receipt of the review decision or notice of the non-reviewable decision.

If an appeal is about a non-reviewable decision, and the notice of the decision did not state the reasons for the decision, the appellant must ask the respondent for the reasons for the decision within 20 business days after receiving the notice.

Note: Can ask for further time to appeal.

The notice of appeal must be served on the Workers’ Compensation Regulatory Authority (or insurer if the decision is non-reviewable) within 10 business days after filing the notice of appeal.

Note: If employer appeals decision, a copy of the notice of appeal must be served on the worker.
Further appeal to the Industrial Court against decision of the Industrial Commission. Appeal must be commenced within 21 days after the decision is announced at hearing or released through the registrar. s 561 Workers’ Compensation and Rehabilitation Act 2003 (Qld)

s 564 Industrial Relations Act 2016 (Qld)

 Workers’ Compensation and Rehabilitation Act 2003 (Qld):

A party aggrieved by the industrial magistrate’s or the industrial commission’s decision may appeal to the industrial court (s 561).

Industrial Relations Act 2016 (Qld):

An appeal against a decision must be started, as required under the rules, within 21 days after:

·         If the decision is given at a hearing – the announcement of the decision at the hearing; or

·         if the decision is given through the registrar – the release of the decision; or

·         if, under another Act, the decision is given in another way – the decision is given in the other way. (s 564)

On an application made during or after the appeal period, the industrial tribunal may allow an appeal to be started within a longer period (s 564(2)).