In this episode of P.I. Case Note, experienced legal analyst Michelle Wright examines the Industrial Court of Queensland’s decision in Adcock v Workers’ Compensation Regulator [2025] ICQ 14, which exposes the harsh reality of workers compensation appeal costs under section 561 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld). Despite Mr. Adcock successfully appealing the termination of his compensation benefits, he was awarded only $2,792.65 in costs—a fraction of his actual legal expenses—highlighting the significant financial risks injured workers face when challenging adverse decisions.
The Court’s analysis, delivered by President Martin on 20 December 2025, reveals the restrictive nature of workers compensation appeal costs recovery in Queensland. The decision confirms that section 558 limits recoverable costs to “costs of the hearing,” excluding crucial work like preparing written closing submissions, which the Court found falls outside the ordinary meaning of “hearing.” Furthermore, the Court rejected Mr. Adcock’s request for a 50% uplift under Regulation 132, finding the Commission’s single-sentence reasoning—that the matter did not involve complex issues warranting uplift—insufficient but ultimately agreeing with the outcome. This case demonstrates that even successful appellants face significant out-of-pocket expenses, with the extremely low scale costs failing to reflect the true cost of legal representation in workers compensation appeal costs matters.
Listen for Michelle Wright’s comprehensive analysis of this important costs decision and its implications for injured workers considering appeals. If you’re facing an adverse workers’ compensation decision, the experienced team at accident legal understands the financial pressures of pursuing appeals. With over 30 years of experience across Queensland, we provide transparent advice about potential costs and work efficiently to minimise your financial exposure while fighting for your rights. Contact us for a free consultation on (07) 3740 0200—we’ll help you understand the true costs of appealing and explore all options to protect your compensation entitlements.
