Claiming Damages After Missing the 6-Month WorkCover Deadline

At Roche Legal, we often hear from injured workers who panic after realising they didn't lodge their WorkCover claim within 6 months of their injury.

The law in Queensland is strict – but there is a pathway that may save your rights. It involves the Medical Assessment Tribunal (MAT).

Understanding the Two Types of Claims

Under Queensland's Workers' Compensation and Rehabilitation Act 2003 (WCRA), there are two very different claims an injured worker may bring:

1. Statutory Compensation Claim

• Must usually be lodged within 6 months of the injury.
• Provides weekly payments, medical expenses, and lump sums.
• If you miss this timeframe, you may lose those "no-fault" benefits.

2. Common Law Damages Claim

• Allows you to sue for negligence against your employer (via WorkCover).
• Covers things like lost income, future earning capacity, pain and suffering, and care needs.
• Must be commenced within 3 years of the date of injury.

The two are related – but they're not the same.

The 6-Month Rule in Queensland

Without a valid statutory claim, you cannot get a notice of assessment, which is normally the key that unlocks your right to sue for damages under s237 WCRA.What the Law Says About Missing the 6-Month Window

Under s131(1) of the Workers' Compensation and Rehabilitation Act 2003 (WCRA), a worker must lodge a statutory claim within 6 months of their injury.

Miss the deadline, and WorkCover can reject the claim as out of time.

Section 237 of the WCRA sets out who is entitled to pursue common law damages. Usually, you need to have had a statutory claim accepted first.

There's one important lifeline, as set out by s131(4) of the WCRA:

This is not discretionary. If the MAT says "yes", WorkCover has no choice but to accept the late claim.

What Counts as "Special Circumstances of a Medical Nature"?

Examples might include:

• You were hospitalised or incapacitated and unable to manage your affairs.
• You suffered from a psychiatric illness (such as PTSD, depression, or anxiety) that prevented you from lodging.
• Your medical treatment or condition masked the seriousness of the injury, so you reasonably didn't realise you needed to lodge.

Every case is assessed individually by the Tribunal.

How to Trigger a MAT Referral

You don't apply to the MAT directly. The process works like this:

1. Lodge the claim anyway – even if it's outside the 6 months.
2. Explain the medical reasons for the delay and provide supporting evidence.
3. WorkCover assesses the late application.
   • If it looks like there may be medical reasons for the delay, WorkCover must refer the matter to the MAT.
4. The MAT reviews your case and makes a decision.
   • If they find special medical circumstances exist, WorkCover must waive the time limit and accept your claim.

How This Interacts With the 3-Year Limitation Period

It's common for injured workers to think: "That's okay, I've got 3 years to sue under the Limitation of Actions Act."

But here's the catch:

• The 3-year limitation period under the LAA only applies once you've lawfully triggered your right to damages.
• Under the WCRA, the only way to do that is through a valid statutory claim that results in a notice of assessment (or one of the narrow exceptions like a terminal condition).
• If you don't lodge a statutory claim within 6 months and can't get the MAT to excuse the delay, you'll never get a notice of assessment.
• Without that, your common law right to damages under s237 WCRA simply never arises, even if you're still inside the 3-year window.

Think of it as two doors:

1. Door 1: the 6-month WCRA requirement.
2. Door 2: the 3-year LAA time limit.

If you never open Door 1, Door 2 doesn't matter – it stays locked.

Why This Matters for Common Law Damages

• Without a valid statutory claim, you can't pursue common law damages (except in very narrow exceptions).
• If the MAT compels WorkCover to accept your late claim, you can then proceed through to a Notice of Assessment, which re-opens the door to suing for damages under s237 WCRA.

Key Takeaways

• Missing the 6-month deadline doesn't automatically mean the end of the road.
• If medical circumstances explain the delay, the MAT can save your claim.
• Once the MAT agrees, WorkCover must accept the late claim.
• Only then can you make use of the 3-year limitation period under the LAA to pursue damages.

If you've missed the 6-month deadline:

• Don't delay further – lodge the claim anyway.
• Gather medical evidence explaining why you couldn't lodge on time.
• Get legal advice early. The MAT process can be complex, but handled correctly, it can mean the difference between keeping and losing your right to compensation.

At Roche Legal, we help injured Queensland workers rescue their rights when deadlines have been missed.

Contact us today for a free, no-obligation chat about your options.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.