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Protected Period: The First 12 Months After Injury
Under Queensland’s Workers’ Compensation and Rehabilitation Act 2003 (WCRA)—specifically Section 232B—your employer cannot lawfully terminate your employment within the first 12 months after your workplace injury if the dismissal is based solely or primarily on your incapacity due to that injury.
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After the 12-Month Window
Once 12 months have passed since your injury, your employer may terminate your employment, but only under fair and lawful circumstances, such as:
- Medical incapacity—you’re still unable to perform the inherent requirements of your pre-injury role, after reasonable efforts at modifying your duties and workplace;
- Genuine redundancy or business restructuring, provided it’s not a pretext for discrimination or retaliation;
Any termination still needs to comply with procedural fairness, including giving proper notice and providing entitlements under awards or contracts.
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Ongoing Compensation Entitlements
If you are dismissed lawfully, your WorkCover benefits generally continue, provided you remain medically unfit to return to work. Your weekly payments and ongoing treatment should not stop just because your employment ended.
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Legal Recourse if You Believe the Termination Was Unlawful
- Unfair dismissal claim through the Fair Work Commission (within 21 days of termination).
- Reinstatement via Queensland Industrial Relations Commission, if you’re fit to return to your old job but the employer refuses—within 12 months of injury.
- General Protections, Discrimination, or Retaliation Claims, if termination was due to filing a WorkCover claim or your injury—under federal law and State workers’ compensation law.
