Written by Natasha Robins, Associate  |  Evolve Legal  |  June 2026

 

Navigating a workers’ compensation claim in Queensland – usually with WorkCover Queensland – can be confusing, particularly when many myths and misunderstandings circulate among workers, employers, friends, and even family members.

Unfortunately, these misconceptions can lead to people missing out on entitlements or making decisions that could negatively impact their recovery and financial future.

In this article, we discuss five common misconceptions about WorkCover claims in Queensland.

1. Accepting a lump sum means the end of your claim

One of the most common misunderstandings is that accepting a lump sum payment marks the end of your claim entirely.

Once your injury is deemed stable and stationary, WorkCover may arrange an assessment of your degree of permanent impairment. After this, you’ll receive a Notice of Assessment, which will include a lump sum compensation offer if a degree of impairment is determined.

At this point, you must make an “irrevocable election” between:

• Accepting the lump sum, or
• Pursuing a common law claim for damages against your employer.

This choice is critical. In most cases, if you accept the lump sum, your right to pursue a common law damages claim will be extinguished.

A common law claim may allow you to seek compensation for:

• Pain and suffering
• Past and future loss of income
• Past and future medical and rehabilitation expenses
• Care and assistance

This critical decision cannot be undone.

Not every injured person may reasonably expect to pursue a successful common law claim. Therefore, seeking legal advice before deciding what to do is essential.

2. Weekly benefits are only based on your primary job

Many injured workers assume their weekly payments are based solely on their base wage from their main job.

In reality, WorkCover benefits are generally calculated using your average Normal Weekly Earnings (NWE), which should be the average sum of your income over the previous 12 months.

This can include:

• Overtime and allowances
• Bonuses (in certain circumstances)
• Income from secondary employment

If you had multiple income streams before your injury, it’s crucial that all earnings are disclosed. Otherwise, you may be receiving less than you’re entitled to.

3. You must see your employer’s nominated treatment provider

A common myth is that you are required to be treated by a doctor chosen by your employer or WorkCover.

This is not correct.

You have the right to choose your own treating practitioners, including:

• Your regular GP
• A specialist (with referral)
• Allied health professionals you trust

While WorkCover may request attendance at an Independent Medical Examination (IME), this does not replace your right to choose your primary treating providers.

Having a trusted healthcare team is key, not just for your recovery, but also for accurately documenting your condition and ensuring your health and rehabilitation is the highest priority.

4. Your spouse or family can’t be paid for helping you

Serious injuries often mean relying heavily on family members. However, many people don’t realise this support can be recognised financially.

If your injury is significant, WorkCover may provide a carer’s payment where:

• You need help with daily activities (such as dressing, cooking, or mobility); and
• The care is ongoing and substantial

Additionally, if you pursue a common law claim, you may be able to recover compensation for recommended care services.

5. You continue to receive superannuation contributions while on WorkCover

Another common misconception relates to superannuation contributions.

In most cases, when receiving weekly statutory benefits, superannuation contributions are not paid in the same way as when you are working. This can create a gap in your retirement savings, particularly for claims that are open over an extended period of time.

Generally, you only receive superannuation contributions when you are completing duties at work.

However, if you pursue a common law claim, you may be able to recover:

• Past lost superannuation contributions
• Future superannuation losses linked to a reduced earning capacity and/or economic loss

Need Help With a WorkCover Queensland Claim?

A WorkCover claim can have long-term consequences, especially if you have received a lump sum offer or are unsure about your entitlements.

Before making any decisions, it is important to understand your rights, your options, and whether you may be entitled to pursue a common law claim.

At Evolve Legal, we offer a free 30-minute consultation to help you understand your WorkCover Queensland claim and take the next step with confidence.

Contact our team today to discuss your options.