Work injuries can have serious and life-long consequences. Get free advice from our Brisbane based Queensland workers compensation experts.
Our team of Brisbane based work injury lawyers are Queensland workers compensation experts. Get free advice directly from our team led by Queensland Law Society accredited specialists.
No upfront costs and nothing to pay unless we win. You can have your initial no-obligation meetings at our offices, at your home or over the phone.
We will step you through the whole legal process in plain English. All initial advice is fully confidential and obligation free to check if you may be eligible for compensation.
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Common work accident compensation questions:
What is workers compensation?
Employment laws in Australia require employers to cover all employees with workers compensation insurance for workplace accidents. This insurance is designed to help make payments for lost wages and medical expenses in the event that an employee is injured or becomes unwell due to their work.
What is WorkCover?
In the state of Queensland then WorkCover Queensland is the default workers compensation insurer. While the majority of workers in Queensland are covered by WorkCover, some larger organisations such as supermarket chains cover their employers with other insurance companies or insurance policies of their own (known as 'self-insurers').
How does workers compensation work?
WorkCover is a no-fault compensation scheme which means you are entitled to claim for a work related injury regardless of fault. For example, this would mean you could open a WorkCover claim for an injury that was your own fault or in a situation that was out of the employers control such as injury on the way to or from work.
WorkCover helps cover the majority of your salary through weekly payments and medical expenses such as:
- Specialist medical appointments
- Surgery (if required)
- Occupational therapy
These payment are temporary and designed to help cover most of your salary and costs while you recover. Where your injuries will have a long term or permanent impact then you can be assessed for permanent impairment and a lump sum offer from WorkCover. This offer may be much lower than what can be achieved using a work injury lawyer if eligible. It's best to seek legal advice as early as possible so you know the pathways open to you.
If you have experienced a work injury that occurred to the negligence of others then you may be eligible for a common law claim which can be run by a work accident lawyer. These claims are made against the insurance policy of your employer (such as WorkCover) and result in a tax-free lump sum payment on successful settlement.
The team at Murphy’s Law are experts in workers compensation claims. Our Brisbane based team helps clients across Queensland and all claims are run on a no win, no fee basis.
What does a common law workers compensation claim compensate for?
You can seek compensation for all the following areas:
- Lost income in the past
- Future potential lost income
- Past and future lost superannuation benefits
- Past and future medical expenses
- Rehabilitation expenses such as physio
- General damages (referred to as “pain and suffering”, you can claim damages for each individual injury you have sustained)
- Out of pocket expenses (e.g. purchasing dressings, knee braces, new pillows)
What types of injuries can I claim for?
Any physical or psychological injury can give rise to a compensation claim for damages as long as they are deemed to be related to the workplace and there was some form of negligence. Our personal injury law specialists can provide free initial advice to see if you be eligible for a compensation payout.
What are the most common types of work injuries?
For people working in labour intensive roles, some of the more common injuries include:
For people working in high stress and corporate roles, some of the more common injuries we come across include:
What is the workers compensation claim process?
The majority of employers in Queensland are insured through WorkCover Queensland. However, some larger companies are self-insured for worker’s compensation claims.
Regardless of the insurer, the whole process from beginning to end can be summarised as follows:
- Our initial meeting – we’ll meet with you and discuss all aspects of your claim, obtain your instructions.
- Commence the claim – we’ll prepare and serve WorkCover with your Notice of Claim for Damages (Form 280).
- Investigations and evidence gathering – we analyse your claim and situation, then tailor our investigations into establishing liability (i.e. providing fault) and supporting the quantum value of your claim (i.e. identifying what your damages are and obtaining evidence to support those losses).
- Medical Examinations – to assess the nature and extent of your injuries, we’ll arrange for you to be examined by medical experts who will provide a report. In return, WorkCover may also require you to be medically examined.
- Settlement – we will meet with WorkCover (or their legal representatives) and do our best to negotiate a settlement of your claim.
If your matter doesn’t reach a settlement at this initial meeting, we’ll then discuss your options and plan your next move. Most of the time, your claim will reach a settlement on a following date without needing to proceed to court (very few cases will ever proceed to a trial).
How long do I have to lodge a WorkCover claim?
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, you get the most assistance with your injury recovery and to 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 injuries 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 legal advice as soon as possible before it becomes too late.
How long will it take to make a work accident claim?
It really depends upon the nature of your injuries and your recovery.
If your injuries are less severe, you may find that your claim is finalised within 12 months. For injuries that are more severe or require multiple surgeries, it could take as long as 24 months (or longer).
Our team can provide a more accurate estimate based on your specific situation.
How much compensation for an injury at work?
This is a very common question. In short, there is no set answer as it will depend on 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.
Example; two workers who both broke an arm at work.
- Worker 1 = Office worker, aged 50
- Worker 2 = Skilled construction worker, age 28.
Both workers have the same injury. However, for worker 1 the impact may be a few weeks off work before being able to continue working at full capacity and pay. Worker 2 on the other hand may lose the ability to continue their trade as it required heavy lifting. They may have a much larger claim as they will suffer a very long term loss of earnings.
Our team of Brisbane work injury lawyers can provide free initial advice and will be able to provide a clearer indication of your claim once they understand your individual circumstances. Call us now or request a call-back to see if we can assist.
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