Short answer: The rules for who can claim after a car accident, a workplace injury or an injury in a public place are based on how the injury happened, not on your visa. The eligibility criteria published by the Queensland CTP regulator and by WorkCover Queensland don't mention residency or visa status. What matters is whether another driver, an employer relationship, or someone responsible for a place is involved, and whether you meet the time limits.
This guide covers international students, working holiday makers, people on temporary work visas, and visitors.
Car accidents (CTP)
In Queensland, people injured in a motor vehicle accident caused fully or partly by another driver can claim against the compulsory third party (CTP) insurer of that vehicle. That includes drivers, passengers, pedestrians, cyclists and motorcyclists. If you were partly at fault, your compensation may be reduced. A driver who was completely at fault, or a single-vehicle accident where no one else was at fault, usually can't claim. (MAIC: Who can claim)
A CTP claim can include insurer-funded treatment and rehabilitation, past and future loss of income, general damages (pain and suffering), and legal costs. CTP does not cover damage to cars or other property.
Deadlines. A Notice of Accident Claim Form must be given within nine months of the accident (or of symptoms first appearing), or within one month of first consulting a lawyer, whichever comes first. If the vehicle can't be identified, for example in a hit-and-run, the notice to the Nominal Defendant is due within three months. A claim lodged late can be rejected. (MAIC: Timeframes)
E-scooters and e-bikes. If the vehicle that hit you isn't eligible for registration, such as an e-scooter, a CTP claim is unlikely to be accepted. Other options may apply. See E-scooter accidents in Queensland.
Related: Hit by a driver who fled: Nominal Defendant claims and What to do after a car accident in Queensland.
Injured at work (WorkCover)
WorkCover Queensland covers "workers". In general, that means a person who is an employee for PAYG tax purposes, or who works under a contract of service. Casual and part-time employees are workers. Some people paid on an ABN are also workers, depending on how the work is actually done. (WorkCover Queensland: Who your policy needs to cover; Workers' Compensation and Rehabilitation Act 2003 (Qld), s 11 and Schedule 2)
Deadline. An application for compensation generally has to be lodged with WorkCover within six months of the injury. (Queensland Law Handbook: Queensland workers' compensation system)
Working more hours than your visa allows, or without work rights. Get legal advice before you lodge. Questions about coverage can be more complicated in this situation, and you may also need separate advice about your visa.
Related: Paid on an ABN, through labour hire, or as a "contractor": are you covered? and Injured at work in Queensland: the first week.
Injured in a shop, rental property or other public place
Claims for injuries in shopping centres, restaurants, rental properties, footpaths and similar places are made under the Personal Injuries Proceedings Act 2002 (Qld). Before going to court, you must give a formal notice of claim within nine months of the injury (or of symptoms first appearing), or within one month of instructing a lawyer, whichever is earlier. Court proceedings generally have to be started within three years. (Queensland Law Handbook: Time limits for bringing actions)
Related: Slip, trip and fall claims in Queensland.
Medical bills: OSHC, travel insurance and Medicare
Many temporary visa holders aren't eligible for Medicare, unless they come from a country with a Reciprocal Health Care Agreement with Australia. (Services Australia: Medicare eligibility)
International students usually hold Overseas Student Health Cover (OSHC). It pays benefits towards GP and specialist visits, hospital treatment and emergency ambulance. (Department of Health: OSHC fact sheet)
OSHC policies generally don't pay for treatment of an injury once another insurer, such as a CTP or workers' compensation insurer, has accepted liability for it. Check the wording of your own policy. For example, one insurer's standard OSHC policy excludes "services and treatment where the medical expenses for the service are for a compensable injury or illness that is covered by another insurer for which the other insurer or compensation agency has accepted liability". (Allianz Care OSHC Standard Policy, OSHCSTD 09/25)
In practice:
- Tell your OSHC or travel insurer how you were injured.
- Keep every receipt, referral and invoice from the start.
- Once a CTP or WorkCover claim is accepted, treatment is usually arranged or paid through that insurer.
If you are leaving Australia
The time limits keep running whether or not you are in Queensland. If your visa is ending or you plan to go home:
- Give the required notices before you leave.
- Keep copies of your medical records and claim documents.
- Leave contact details that will still work overseas.
The insurer may ask you to attend medical assessments. Those are easier to arrange while you are still here.
Questions about your visa
A compensation claim and a visa are separate matters. We give advice about injury claims, not about migration. For questions about visa conditions, work limits or how an injury affects your visa, speak to a registered migration agent or a migration lawyer.
Key time limits
| Type of claim | First deadline | Source |
|---|---|---|
| Car accident (CTP), vehicle identified | 9 months after the accident or first symptoms, or 1 month after first seeing a lawyer, whichever is first | MAIC |
| Car accident, vehicle not identified (Nominal Defendant) | 3 months | MAIC |
| WorkCover statutory claim | 6 months after the injury | WCRA s 131 |
| Public place (PIPA notice of claim) | 9 months after the injury or first symptoms, or 1 month after instructing a lawyer, whichever is earlier | PIPA s 9 |
| Court proceedings (most injury claims) | 3 years | Limitation of Actions Act 1974 (Qld) s 11 |
Different rules apply to children and in some other situations. See Time limits for injury claims in Queensland.
Languages
We can explain how these claims work in English, Mandarin, Cantonese, Hakka and Malay.
Sources
- Motor Accident Insurance Commission: Who can claim; Timeframes
- WorkCover Queensland: Who your policy needs to cover
- Workers' Compensation and Rehabilitation Act 2003 (Qld)
- Queensland Law Handbook (Caxton Legal Centre): Queensland workers' compensation system; Time limits for bringing actions
- Department of Health and Aged Care: Overseas Student Health Cover fact sheet
- Allianz Care: OSHC Standard Policy (OSHCSTD 09/25)
- Services Australia: Medicare eligibility for enrolments
This guide is general information about Queensland law as at 4 October 2026. It is not legal advice about your situation.