In this cautionary episode of P.I. Case Note, accident legal partner Michelle Wright examines the Industrial Court of Queensland’s decision in Wang v Workers’ Compensation Regulator [2025] ICQ 20, which reveals how a late workers compensation claim rejected for procedural reasons can spiral into complete loss of entitlements through inadequate legal advice and strategic missteps. The case involved Mr. Wang, who was struck by a car while walking home from work on 28 August 2019 but didn’t lodge his workers’ compensation application until 23 April 2021—well beyond the six-month time limit under section 131 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld)—and whose claim was ultimately rejected entirely after seeking review of only one aspect of WorkCover’s decision.
The Court’s analysis reveals the devastating cascade of consequences when a late workers compensation claim rejection triggers a Regulator review without proper strategic planning. WorkCover initially waived the time limit under section 131(6) but enforced the 20-business-day limitation on backdated payments. When Mr Wang sought review of only the payment limitation, the Regulator reviewed the entire decision—including the time limit waiver—and found insufficient evidence that Mr Wang had received incorrect legal advice, setting aside WorkCover’s acceptance and leaving him with no valid claim whatsoever. The QIRC upheld this decision, finding it was limited to matters raised before the Regulator and could not consider new arguments under section 131(5) or section 36A regarding date of injury. The Industrial Court expressed doubt about this limitation, distinguishing the precedent in Church v Workers’ Compensation Regulator, but ultimately refused to admit additional evidence on appeal because Mr Wang could not demonstrate he had told his original lawyers the accident occurred on his journey home from work, and those lawyers apparently failed to make this critical inquiry.
Listen for Michelle Wright’s comprehensive analysis of this decision and the critical lessons about proper instructions and strategic review applications. If you’re facing a late workers compensation claim rejection or considering seeking review of an insurer’s decision, the experienced team at accident legal understands the procedural complexities and strategic risks involved. As Queensland’s trusted personal injury lawyers, we take detailed instructions about every aspect of your accident, explore all potential grounds for time limit waivers, and carefully consider whether seeking review might trigger reconsideration of favourable aspects of an insurer’s decision. Contact us for a free consultation on (07) 3740 0200. We’ll ensure your workers’ compensation claim is lodged on time with comprehensive evidence, or if late, that all available waiver grounds are properly explored before any review application.
