matilda-injury-lawyers

I need back surgery – will WorkCover pay for it?

Thu, 27 Aug 2026 08:30:07 GMT

If you have injured your back at work, you may already have been through months of pain, appointments, scans, physiotherapy and other treatment. Then your specialist tells you that you need surgery.

At that point, one of the first questions I often hear is: “Who is going to pay for my surgery?”

If you have an accepted WorkCover Queensland claim, WorkCover are responsible for funding reasonable medical treatment related to your accepted workplace injury. That can include back surgery and the treatment you need before and after the operation.

But there are some important things you need to know before you book that surgery.

Will WorkCover pay for my back surgery?

WorkCover may fund your surgery if it is:

required because of your accepted work injury;
medically necessary and appropriate;
reasonable in its nature, extent and cost; and
approved before you are admitted to hospital.

We would not recommend going ahead with elective back surgery simply on the assumption that WorkCover will reimburse you afterwards.

What does WorkCover's funding potentially cover?

Back surgery is not just the surgeon's bill. Depending on your circumstances, treatment expenses may include your surgeon, anaesthetist, hospital accommodation and theatre fees, approved implants, medication, physiotherapy and rehabilitation, follow-up appointments and necessary travel associated with approved treatment.

This can be especially important if you live in regional Queensland and need to travel to Brisbane or another centre for your surgery.

You also need to know whether your surgeon is charging more than WorkCover's scheduled fee. If there is a gap, you want to know about it before you have surgery, not when you receive a bill afterwards.

What if WorkCover says my back problems are caused by degeneration?

This often comes up with spinal injuries.

Your MRI or other scans might show some pre-existing degeneration in your spine, even when you weren't having symptoms before your accident. That does not necessarily mean your workplace injury is unrelated to your current condition. A workplace incident can cause, aggravate or accelerate an underlying spinal condition.

The important question is often what effect the workplace injury has had on your current condition and your need for surgery.

Your treating spinal surgeon should explain the connection between your workplace injury, your current diagnosis and the proposed operation.

Your surgeon's report can be very important

A letter simply saying that surgery is “recommended” may not be enough.

Your surgeon's report should ideally explain:

what your diagnosis is;
how your symptoms developed after the workplace injury;
what your scans and examinations show;
exactly what surgery is proposed;
that the need for surgery is caused by your accepted workplace injury;
what the expected benefits and risks are;
what happens if you do not have surgery; and
how surgery is expected to affect your ability to work.

Your previous treatment can also be important. WorkCover may want to know about physiotherapy, medication, exercise rehabilitation, injections, pain management, workplace rehabilitation and other treatment you have tried, and why further conservative treatment is unlikely to work.

What happens if WorkCover refuses to pay?

Don't assume that a refusal is necessarily the end of the matter.

WorkCover may refuse surgery for different reasons. They might say that the surgery is related to degeneration rather than your work injury, that the diagnosis requiring surgery has not been accepted, that more conservative treatment should be tried, or that the medical evidence does not support the operation.

The first thing we need to do is obtain the refusal in writing and find out exactly why WorkCover has said no.

Depending on the reason, it may be possible to provide additional medical evidence, ask WorkCover to reconsider the decision, obtain another specialist opinion or pursue a statutory review.

There can be strict time limits, so don't leave a refusal sitting in your inbox or on the kitchen table while you wait to see what happens.

We understand that dealing with a serious back injury can be particularly difficult when you live and work outside out the city. You may already be travelling long distances for specialist appointments. You may be unable to do your normal job. You may be worried about your income, your family and what your future looks like. Then you are told that you need surgery.

You don't have to work through all of that on your own.

At Matilda Injury Lawyers, we can help you understand where your WorkCover claim stands, what evidence may be needed to support your surgery request, and what options may be available if WorkCover refuses to fund the treatment. Please reach out to Allison or Rachel to see how they can help.

Do I Need to Report My Car Accident to the Police?

Fri, 14 Aug 2026 09:51:57 GMT

"I’ve been in a car accident. Do I actually need to report it to the police?”

It’s a common question, particularly after a crash that doesn't seem too serious at the time.

You might be standing on the side of the road thinking, “Everyone’s okay, the cars can probably be moved, and we’ve swapped details. Do I really need to involve the police?”

The short answer is: it depends.

When do I have to report an accident to the police?

In Queensland, you must report an accident to police within 24 hours if:

someone has been killed or injured;
a vehicle involved in the crash needs to be towed away;
another driver fails or refuses to provide their required details;
there is property damage worth more than $2,500; or
there is damage to public infrastructure.

So, for example, if you're involved in a accident on a Queensland road and your vehicle has to be towed because it isn't driveable, you need to report it. Likewise, if you've been injured and need medical attention, you need to report it.

If you are at the scene, and any of the above have occurred, please contact 000. Otherwise, you can go down to your local police station to report the crash.

If nobody was injured, no vehicle needs to be towed and everyone swaps their details, you generally don't have to report the accident.

You can still make a record of a non-reportable crash if you want to, particularly if you need to make an insurance claim. You can do this online (https://www.police.qld.gov.au/policelink-reporting/traffic-crash-launch) or via Policelink.

What details should I get from the other driver?

Whether or not police attend, you should exchange information with the other people involved. This includes:

name and address;
a photo of their driver's license;
the vehicle owner's name and address if different from the driver; and
vehicle registration number.

If you can safely do so, it's also helpful to take photographs of the vehicles, the road, signs, and any damage to the vehicles (yours and theirs).

If there are witnesses, get their details too.

What if the other driver won't give me their details?

Don't get into an argument on the side of the road. Just write down what information you can observe, take photos, and contact Policelink on 131 444 so they can determine whether police need to attend.

What if I've been injured?

This is where reporting the accident becomes particularly important.

If you've been injured in a motor vehicle accident and you're considering making a Queensland CTP (Compulsory Third Party) claim, the crash needs to be reported to police.

Again, you can do this by attending at your local police station, or we can help you by completing the Report of Traffic Incident to Police form (which you can also find on the MAIC website).

What should I do after a crash?

If you've been involved in a motor vehicle accident, a good starting point is:

Stop and make sure everyone is safe.
Call 000 if there is an emergency, serious injury or immediate danger.
Exchange required details with the other people involved.
Report the accident to police if it is reportable.
Get medical treatment.
If you've been injured, get advice about your potential CTP claim and any time limits that may apply.

Don't worry if you're not sure what you're supposed to do.

The most important thing is to make sure you're safe, get medical treatment if you need it and report the accident when required. And when you're ready, reach out and obtain some advice regarding whether you can make a CTP claim to assist with the costs of your medical treatment, and the impact of your injuries.

Too Tired to Drive Home? When Work-Related Fatigue Causes an Accident

Thu, 13 Aug 2026 04:34:16 GMT

For many regional Queensland workers, travelling long distances for work is part of the job.

You might work at a mine, construction site, property, or other remote workplace. After several long shifts, sometimes overnight, you need to drive several hours to get home.

But what happens if you are injured in a crash because you were exhausted after work? Could your employer be responsible?

T he answer depends on the circumstances.

However, Queensland courts have recognised that an employer's responsibility for worker safety can, in some cases, extend beyond the workplace and into the journey home.

A long drive home can be part of the risk

Fatigue affects concentration, reaction times, decision-making and a person's ability to recognise just how tired they are. It can also cause "microsleeps", where a person briefly falls asleep without realising it. This is particularly important for workers who finish long shifts and then drive hundreds of kilometres home.

In Kerle v BM Alliance Coal Operations Pty Ltd [2016] QSC 304, a Queensland worker had completed four consecutive 12-hour night shifts before starting a roughly 430-kilometre drive home.

About 300 kilometres into the journey, he crashed and suffered a serious brain injury.

The Court found fatigue was a significant contributing cause and held three parties responsible, including his employer and the mine operator. Important factors included the long night shifts, extended wakefulness, the lengthy drive, the remote workplace and the employers' knowledge that workers regularly undertook long journeys home.

But not every crash after work is the employer's responsibility

The Kerle decision does not mean an employer is automatically responsible whenever a worker crashes after a tiring shift.

A later case, Coalroc Contractors Pty Ltd v Matinca (No 2) [2023] NSWCA 127, highlights this point.

Mr Matinca had worked three consecutive 12-hour shifts before driving approximately 260–270 kilometres home. His vehicle later left the road. Fatigue was one possible explanation, but there were other possibilities, including speed, wet roads and momentary inattention.

The NSW Court of Appeal found that fatigue had not been proved to be the probable cause of that particular accident. Showing that fatigue could have caused a crash was not enough.

What will the court consider?

If you are injured while travelling home after work, the circumstances of your work and your journey may be important.

A court may consider:

How many hours and shifts you had worked.
Whether you had been working night or rotating shifts.
How much sleep and recovery time you had.
How far you had to drive home.
Whether the workplace was remote.
Whether your employer knew workers regularly drove long distances after their shifts.
Whether accommodation or transport was available.
What fatigue training and safety procedures were provided.
Whether those procedures were actually implemented.
Whether fatigue probably caused your particular accident.

The employer's written fatigue policy is not necessarily the end of the story. What matters can be whether the policy was actually understood, followed, monitored and enforced.

What if you chose to drive home?

This does not necessarily mean you cannot have a claim.

In Kerle , the Court considered the long journey home to be an inevitable consequence of the remote nature of the employment, even though the worker was not contractually required to drive his own vehicle.

For regional Queensland workers, factors such as the lack of public transport, the distance from home, the nature of the roster and the employer's knowledge of workers' travel arrangements may therefore be important.

Injured after a long work trip?

If you have been seriously injured in a crash after completing a demanding work roster, don't automatically assume it is simply a CTP claim.

Keep your rosters, timesheets, work emails and messages, fatigue-management documents and details of your accommodation and travel arrangements. Evidence about your shifts, sleep, journey and the circumstances of the crash may be important in establishing whether fatigue caused your accident.

Please reach out to Allison and Rachel so that we can help you to work out your options.

What happens if I don't know the details of the car that hit me?

Thu, 02 Jul 2026 23:37:12 GMT

If you can't identify the driver that hit you, or if that vehicle isn't registered, you can still make your claim. But, there are some extra steps that you need to take sooner rather than later:

Most of the time, when you have an injury on the road in Queensland, you can make a claim against the CTP insurer for the at fault driver (which is automatically paid through your registration).

However, if the vehicle that caused your accident is either unregistered or unidentified (i.e. you don't know the details for the vehicle), you can make your claim against the Nominal Defendant instead. The Nominal Defendant is a statutory body, that is funded through our CTP insurance premiums. They will step in as the insurer, and you will be entitled to the same compensation that you would have received otherwise.

But - there are a few differences.

Your Notice of Accident Claim form must be given to the Nominal Defendant within three (3) months of your accident. Outside of this, you must provide the Nominal Defendant with a reasonable excuse for the delay.

If your Claim form is not given to the Nominal Defendant within nine (9) months after your accident, your claim is statute barred. This means that you cannot make your claim or be compensated for your injuries. So, it is very important that you lodge your claim as soon as possible.

The other difference is that you need to make attempts to try and identify the at fault vehicle .

This might include making reasonable enquiries at the time of the accident (if possible), trying to locate witnesses, going back to the scene of the accident, requesting CCTV footage, or posting on social media. The Nominal Defendant will ask you to demonstrate that you've made every attempt to find the at-fault vehicle.

So, yes - you can still make your claim, but you need to act quickly.

Please reach out to Allison and Rachel so that we can help you to comply with these extra steps.

Do I need a lawyer?

Thu, 16 Apr 2026 05:03:41 GMT

This is something we often get asked and something I am sure a lot of people are thinking: Do I even need a lawyer? Can't I just do this myself and save some money?

The short answer is yes, you can do it yourself. But we wouldn't recommend it. And here is why:

1) An Insurer Is Not on Your Side

As with any type of insurance claim, the insurer is not on your side . They are representing the person at fault; the person who caused your injuries.

Whether it’s WorkCover or a CTP/public liability insurer, their role is to minimise their bottom line and to resolve each claim as quickly and cheaply as possible.

They may do this by closing your claim early and without funding all appropriate treatment, downplaying your injuries and not obtaining all of the necessary medical evidence, and by making low offers on hope that you accept them without a fight.

They are not looking out for you or trying to be helpful, and they will offer you significantly less than what you're entitled to .

The 2024/2025 data released by the Motor Accident Insurance Commission, shows that legally represented claimants receive much higher compensation then self-represented claimants, for the same injury. The average legally represented claimant received about 7.5 times more compensation than a self-represented claimant.

Additionally, self-represented claimants received substantially less funding for treatment and rehabilitation, with the average legally represented claimant receiving 3.17 more funding.

2) You Don't Know What You Don't Know

An insurer has significantly more knowledge, experience and resources than you, and they will use this to their advantage.

They aren't going to tell you what your claim is really worth, or what evidence you need to give to them to increase their offers - they rely on you being the underdog .

Personal injuries matters are complex and, to get the best result, you need to tailor the claim to the injured person's individual circumstances. This means:

Demonstrating liability and making sure there are not any discounting factors applied;
Selecting the best and more qualified specialist to assess your injuries;
Calculating the full extent of your damages - including your income, medical expenses, pain and suffering and future costs; and
Providing appropriate medical and financial records, statements and precedents to support your claim.

A personal injuries lawyer will know how to calculate these losses accurately, to maximise your claim.

3) You Get One Shot at This

Once you settle your claim, that's it; you cannot receive any further compensation. This means that if your injury gets worse, if you lose your job, or if you need any unexpected surgery, you will need to pay for those costs out of your pocket if they haven't been included in your claim.

You need to make sure that you are covered for these risks, and that everything has been accounted for.

4) We Won't take on your claim Unless we can get you A Better Outcome - In Your Hand

We purposely keep our caseloads, so that we can provide the best possible service to our client's. This also means that we don't take on a claim, unless we think that our involvement is going to get you a better outcome, in your hand. If it's not worthwhile for us to get involved, we won't act for you.

If you've been injured, this is not the time to cut corners. Get advice from someone that you can trust, who can take this off your plate, and will fight to get the best possible outcome for you.

We will take this off your plate and will build your case for you to get what you deserve.

What will happen during my WorkCover claim?

Tue, 17 Mar 2026 02:52:13 GMT

These are the steps that will happen during your workers' compensation claim (i.e. after your benefits stop and you decide to make a compensation claim):

Client Story: Increase in Weekly Benefits

Fri, 13 Mar 2026 04:46:25 GMT

We recently disputed a WorkCover decision and were able to increase our client's weekly benefits.

Our client, Roger, injured his lower back at work while working as a removalist. As a result of this, he required several months off work.

When Roger's WorkCover claim was accepted, one of the first steps was for WorkCover to assess his "normal weekly earnings" and how much he would receive each week in lieu of his wages.

Unfortunately, Roger had only been working for the removal company for one week and was employed on a casual basis. This meant that he had not received a payslip from his employer, and he could not demonstrate any consistent earnings to WorkCover. His employment contract did not stipulate the number of hours that he would work each week.

Roger informed WorkCover that during his interview, he was told by the manager of the removalist company that he would be working approximately 30 hours per week at a rate of $35.00 per hour.

When WorkCover spoke with Roger's employer, they were told that Roger's hours were not guaranteed. The employer told WorkCover that it was not their company policy to give casual employees 30 hours a week, and that their manager would not have told Roger this.

Roger had worked 28 hours in his first week, however his employer said that this was just a one off and that his hours could be a little as 5 hours per week moving forward.

On this basis, WorkCover issued a decision that Roger would only be paid 5 hours per week in lost wages.

Roger was very upset by this. He had a young family, and needed to be paid his regular wages to support them and himself, whilst he was unable to work. Being paid for 5 hours per week was just not enough.

Rachel and I quickly decided that we needed to appeal this decision to the Workers' Compensation Regulator. We prepared submissions to the Regulator, which outlined the interview process and the conversations that took place between Roger and his manager. We included Roger's employment history (which showed that he had previously worked full-time), and that he had turned down another role with lesser hours. Roger also had an email that was sent to him by the manager, saying that he would "get 30 hours a week".

We also found an online post from the manager, advertising the role as a "casual role, 30 hours", and we included this with the submissions.

In response, the removalist company submitted that the email and social media post meant that Roger would get 30 hours in his first week only, not each week thereafter.

The Regulator found in favour of Roger. We were able to get his wages paid at 30 hours per week for the remainder of his time off work, and for his lost wages to be back paid. It was a great outcome and confirmed what Roger had been saying all along.

If you are having any difficulties getting your wages paid by WorkCover Queensland, please reach out to Rachel and I, and we can help you through your situation.

Receiving weekly payments while on WorkCover

Sun, 08 Mar 2026 10:30:15 GMT

If you are unable to work because of your workplace injury, it is important that your time off work is covered.

Will I get paid if I'm off work because of an injury?

Yes - if your workers' compensation/WorkCover Queensland claim is accepted AND you are certified as being unfit to work, you should receive payments for your lost wages.

However, it is not always that straightforward.

What am I entitled to?

The amount that you actually receive will be dependent on:

When you were injured;
Whether you lodged your claim on time (i.e. within 6 months of your work incident or the date of diagnosis);
How long your medical certificate says that you need to be off work;
How long you've been receiving weekly payments;
What your normal weekly earnings were; and
Whether you have a contract or award.

Sometimes, there is a dispute with WorkCover about how much or for how long you should be paid. If this is happening to you, please reach out to Allison and I, and we can make sure that you are getting paid what you deserve.

What information is used to calculate my wages?
The workers' compensation insurer/Workcover Queensland will generally require some evidence of your normal weekly earnings (being the average earnings that you received in the 12 months before the accident, or in the time since you've been employed).

They will ask your employer for:

A payroll report for your previous 12 months;
Payslips;
Tax invoices;
Your contract of employment;
Bank statements; and/or
Evidence of the earnings of other like employees.

If you have any of this information, you can also provide it to WorkCover.

Why are my wages less than what I normally earn?
Wage payments are calculated based on the regular amount that you would have received if you hadn't been injured at work. They include:

salary or wages;
regular overtime;
higher duties;
penalty rates; and
allowances (except those listed below).

Wage payments don't include:

allowances or expenses relating to travel, car, relocation, meal, education, living away from home, entertainment, clothing, tools and vehicles; and
superannuation.

In addition, most policies don't allow for your full normal weekly earnings to be paid:

For the first 26 weeks of payments: you are likely to receive 85% of your normal weekly earnings (unless you are under an industrial agreement);
From 26 to 104 weeks: you are likely to receive 75% of your normal weekly earnings; and
From 104 weeks onwards: your wage payments will be dependent on the ongoing impairment for your injury.

Tax will also be deducted from your payments.

Will I still be paid super whilst I am off work?
No - employers are not required to pay superannuation while you are receiving WorkCover payments, unless it is stipulated in your award, enterprise agreement or contract.

Will I still accrue leav e whilst I am off work?
Yes - your annual leave, personal leave and long service leave will continue to accrue as normal.

How long will I be paid for?

This depends on you and your recovery. Your wage payments will stop if:

You are certified as being fit to return to work;
Your injury is assessed as being "stable and stationary";
You receive a lump-sum offer from WorkCover; and/or
You've received payments for 5 years and your total weekly compensation amount reaches the maximum amount payable.

Again, there are often disputes with WorkCover regarding how long someone should continue receiving wages. If this is something that you are concerned about, Allison and I can help you to navigate this with WorkCover. We have successfully appealed many decisions and had our client's wage payments reinstated or increased, and we would love to obtain a great outcome for you.

Your Notice of Assessment

Mon, 02 Mar 2026 14:00:23 GMT

If you've been injured in a car accident

Fri, 27 Feb 2026 14:00:39 GMT

Preparing for your MAT Psychiatric Assessment

Fri, 27 Feb 2026 06:18:50 GMT

If you are having your psychiatric/psychological injury assessed by the Medical Assessment Tribunal, there is some important information that you should know:

The Psychiatric Medical Assessment Tribunal (often referred to as the MAT), is a panel of three psychiatrists, who make decisions in relation to your workers' compensation claim.

If you have a psychological injury, the insurer should arrange an appointment for you at the end of your workers' compensation claim, so that the MAT can assess your injury and determine the nature and extent of any psychological impairment that you have.

In making this assessment, the psychiatrists on the panel will likely discuss with you:

The cause of your psychological injury;
What treatment you are currently having (including any medication that you are taking); and
How you have been affected by your injury (including your self-care and personal hygiene, social and recreational activities, travel, relationships and employment).

They will also talk to you about your mental health history and whether you have had any previous claims, and they will have been provided with your medical records to read in advance.

Your assessment will take place either in person (150 Mary Street, Brisbane), or via video, and will take approximately one hour.

The psychiatrists may also request that you complete a blood test, to confirm what medication you are taking and whether you have taken any illicit drugs.

To prepare for this assessment, you:

Can prepare for the questions that you might be asked;
Can write down some notes to take with you, including a list of your current medications and any important dates;
Should consider bringing a support person - either to take into the appointment, or just to drive there and back with you;
Should talk about the impact that the injury has had upon you and your life, rather than what has occurred with your employer and/or WorkCover;
Should keep a record of your travel costs and parking expenses, so that they can be reimbursed;
Can read the AMA Guidelines, for more information on how your assessment is completed. We can provide you with a copy of this if you would like.
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Following the assessment, the MAT will prepare a report and provide this to WorkCover/the workers' compensation insurer.

If the MAT decides that your psychological injury is stable and stationary, their report will include an assessment of the degree of permanent impairment (DPI) that you are suffering. WorkCover will then provide you with a Notice of Assessment, which is a document setting out the DPI and, if you have more than a 0%, a lump sum offer.

There are some important decisions that you will need to make in response to the Notice of Assessment, that may affect your ability to pursue any further compensation. We highly recommend that you seek legal advice before responding to this Notice.

If you have any questions about the MAT or your WorkCover claim generally, please reach out to Allison or Rachel on 07 4599 3054.

If you've been injured at work

Wed, 25 Feb 2026 01:51:07 GMT