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Want to learn more about your rights after being injured in a work accident? Find out how the law operates and what your rights are below. Call now to get free initial injury compensation advice from our specialist work accident lawyers, with no upfront costs and a 30 day free-trial period.
If you were injured at work then you may have an entitlement to workers' compensation.
Different employers have different workers’ compensation insurers involved. The majority of employers have Workcover Queensland as their insurer. Others are self-insured and some are covered by the federal scheme, Comcare.
Unless self-insured, any claim will be processed by the workers’ compensation insurer.
Generally, there are two types of workers’ compensation claims which can be pursued in Queensland:
Call our injury lawyers specialising in work accidents to learn more about your rights and our offer of a free initial consult, with no upfront costs and a 30 day free-trial period.
In very basic terms, the statutory claim is the fast-access form of workers’ compensation that involves income replacement, medical costs and in some instances access to lump sum compensation.
You do not need to prove any negligence on the part of your employer to be eligible. You are paid your lost income and medical costs as they are incurred. They are intended for the short-medium term only.
On the other hand, common law damages compensate for loses over a lifetime. For that reason, they often generally involve greater amounts of compensation (sometimes very substantially so). But they are a once and for all lump sum payment only. There are no partial payments along the way. You also need to prove the issue of negligence or fault on the part of the employer to access this type of workers’ compensation.
Statutory claims serve their own important standalone purpose, getting early compensation to injured workers.
Unlike common law claims, you do not need to show fault or negligence on the part of your employer. Generally speaking and although not strictly necessary, statutory claims are the pathway through which most common law negligence claims begin though, so they are an important gateway.
There are a broad range of eligibility requirements to access statutory workers’ compensation. They are set out in the Workers’ Compensation & Rehabilitation Act 2003.
For most workers’ compensation statutory claims, you will need to show:
You need to lodge a statutory claim for workers compensation within six (6) months of you suffering your injury or a relevant event occurring. If you do not do that then you will, in most circumstances, lose your rights to pursue a statutory claim for compensation.
Key statutory entitlements include:
It is incredibly important to understand that if your degree of permanent impairment is less than 20% and you accept the lump sum offer of compensation which accompanies the insurer’s Notice of Assessment then you will lose your right to claim any common law damages against your employer at all. There are no other avenues of seeking compensation against that employer if you take that step.
That is why it is vital that you consider your legal options and whether or not there are benefits in pursuing a common law damages claim (which is a separate and distinct claim from the statutory claim for compensation you have currently been pursuing) before you accept any lump sum offer of compensation.
Your ability to bring a negligence claim for common law damages is very much impacted by the decision you make.
Our injury lawyers specialising in work accidents offer free initial advice, with no upfront costs and a 30 day free-trial period.
The system in Queensland is not a no-fault scheme. It is governed by the law of negligence. To have a viable claim you need to prove:
Good evidence is needed to establish that. A claim is then made against the at-fault person's insurance company (either Workcover or some other insurer).
Any physical or psychological injury deemed to be related to the workplace may make you eligible to claim compensation for damages, particularly if some form of negligence is identified.
There are several types of workplace injuries which are more common in particular industries than others.
For those working in labour-intensive roles common injuries that are covered include:
In high-stress and corporate roles, some of the more common injuries that are covered include:
If you’ve experienced an accident at work, our lawyers can provide free initial advice to see if you might be eligible for a compensation payout.
Regardless of who your employer is insured with, the workers' compensation claims process follows much the same steps and can be summarised as follows:
In terms of how long this process takes, it depends upon the nature of your injuries and your recovery. If your injuries are less severe, your claim may be finalised within 9-12 months and for those that are more complex, it could take as long as 24 months or more to finalise.
Get free initial advice from one of our no win no fee lawyers today.
For people injured in a work accident who are entitled to common law damages you can claim compensation for any loss that is directly related to your injuries.
The most common categories of compensation are:
There is no set limit. The general purpose of a negligence claim from a work accident is to put the injured person back into the position they would have been in if not injured.
That will be impacted by a range of factors such as past and future loss of earnings, your age, your ability to work, the amount of medical costs and so on.
For example, two workers both break an arm at work, one is an office worker, aged 50, and the other a skilled construction worker, aged 28. Both workers have the same injury. However, for the first worker, the impact may be a few weeks off work before being able to return to work as normal.
Conversely, the second worker may lose the ability to continue in their trade as it requires heavy lifting. They may have a much larger claim as they will suffer a very long-term loss of earnings.
Call us now to book your obligation-free consultation to learn more.
In appropriate cases we offer:
Contact us now for a free initial consultation with one of our work accident lawyers who specialise in that area.
You have the right to bring the claim yourself or to use the services of a lawyer to represent you. There is no legal requirement for a lawyer to be involved. Talk to one of our no win no fee work accident lawyers to learn more about your rights with a free initial consult.
Yes, you are not compelled to continue working with your employer if you decide to pursue a claim against them. However, it is advisable to seek legal advice before doing so.
No, your employer cannot terminate your employment just because you are pursuing a claim against them. An employer doing so would be potential grounds for unfair dismissal.
In order to make a common law claim, you need to serve WorkCover with your completed Notice of Claim for Damages (Form 280).
It sounds fairly simple, but to ensure that you have correctly identified and accurately valued all of your potential damages. You have the right to make that claim yourself or to use the services of a lawyer.
Contact us now for a free initial consultation with one of our accident lawyers who specialise in work accident claims. Our claims are run with no upfront costs on a no win, no fee agreement.
Workers who have been injured whilst working, or who have suffered a work-related illness, may be entitled to make a claim for damages.
If you're self-employed or a subcontractor, it's still possible that you may have a claim for workers compensation.
If you’re an independent contractor, you may be entitled to other insurance claims (depending upon your insurance policy(s) that you hold).
The insurer will be responsible for paying your damages (rather than your employer).
In some instances, once you have brought a claim against your employer the premium that they pay for their insurance policy may increase.
Legally, employers are not entitled to terminate your employment simply because you have brought a workers' compnesation claim.
As personal injury lawyers, we are not in the best position to provide you with any financial or tax advice.
However, the short answer is no. If your settlement includes an allowance for past and future lost earnings, they are calculated on a net basis (i..e after tax). Once you receive your settlement, there shouldn’t be any tax that needs to be paid.
If you reside outside of Australia you should seek further advice on this issue before accepting a settlement.
Even though you may have been injured away from your place of work, you may still be entitled to make a claim for damages.
For example, if you were injured in a motor vehicle accident whilst heading to or from work, you may still be entitled to bring a claim against your employer.
In some circumstances, you may actually be entitled to bring two claims (a claim against your employer and a claim against the CTP insurer of the driver at fault).
Yes. If you can show that your psychological symptoms are connected with your employment, you will likely be able to pursue a claim for damages. Psychological injuries can include conditions such as PTSD after a traumatic event at work.
If you can’t work due to injury then you may be entitled to a workers' compensation claim to help cover your lost earnings and medical costs.
Depending on what happend, you have a legal right to bring a statutory claim (for short term 'compo') and possibly also a common law claim for damages (if the employer was negligent).
You may also have a right to access your superannuation funds or bring an insurance claim.
Contact us now for a free initial consultation with one of our accident lawyers who specialise in work accident claims. Our claims are run with no upfront costs an can be on a no win, no fee agreement.
WorkCover is a no-fault compensation scheme which means you are entitled to claim for a work-related injury regardless of fault.
Supporting you while you are unable to work, WorkCover helps to temporarily cover the majority of your salary through weekly payments and reimburse medical expenses such as:
Should your injuries have a long-term or permanent impact, you can then be assessed for permanent impairment and a lump sum offer from WorkCover.
If the injuries are long-lasting and the employer was at fault in some way then a common claim for damages could also possily be pursued.
Typically, the time limit is 3 years from the date of injury although it’s beneficial to get legal advice as soon as possible to ensure strong evidence can be gathered. It is best to get the most assistance with your injury recovery and avoid missing any time limits.
For any claim for common law damages, you must submit a Notice of Claim for Damages (Form 280) within 3 years of the date of your injury. If you fail to do so, you will likely lose all rights to pursue a personal injury claim. Our work injury experts can take care of this process.
Extensions are sometimes available but can be difficult to obtain. For that reason, we strongly encourage injured workers to seek guidance immediately from one of our experienced compensation lawyers to make sure you don’t miss out on your claim.
