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If you have been injured in a work-related accident in Queensland due to someone else’s negligence then you may be entitled to make a tax-free workers compensation claim.
Our team of Brisbane-based work injury lawyers are Queensland’s workers compensation experts. Obtain trusted advice directly from our team of Queensland Law Society accredited specialists with no obligation to pay any upfront costs or out-of-pocket expenses at all unless your claim is successful.
Offering the utmost flexibility, we can facilitate your initial no-obligation meetings at our offices, at your home or over the phone as preferred. Committed to transparency and honesty, we walk you through your options and explain the legal process in simple terms.
With confidentiality wholly assured, our expert work accident lawyers are here to help you understand your rights and advise on your eligibility for 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.
In Queensland, WorkCover is the default workers compensation insurer. While most Queensland workers are covered under this scheme, some organisations may be ‘self-insured’ via an alternative insurance company or use an in-house insurance policy.
Nationally, ComCare is the federal government authority for work health and safety and workers compensation. Acting as the regulator for work health and safety across Australia, they also provide rehabilitation and workers compensation to employees covered by the scheme for a work-related injury or illness.
The team at Murphy’s Law are experts in workers compensation claims made through Workcover or ComCare. Operating on no-win, no-fee basis, our Brisbane-based team helps clients across Queensland access essential legal advice and support.
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 with some more common in particular industries than others.
For those working in labour-intensive roles common injuries include:
In high-stress and corporate roles, some of the more common injuries we come across 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 you’re insured with by your employer, 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 12 months and for those that are more severe, it could take as long as 24 months or more to finalise.
Our team can provide a more accurate estimate based on your specific situation during the initial consultation.
A common question with no set answer, how much compensation can be claimed will rely 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.
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.
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 unique circumstances. Call us now to book your obligation-free consultation.
At Murphy’s Law, we understand you have a choice when it comes to finding the right workplace injury lawyers in Brisbane and value your trust in us.
Our team of award-winning workplace compensation lawyers treat you as an individual, not a case number. Guiding you through every step of the no-win, no-fee claims process, we will take on your fight and are committed to achieving the best results.
Avoid missing claim time limits and request your free initial case review today.
For small injuries requiring a few days off from work then you may not need a lawyer, just a simple claim through WorkCover.
For injuries likely to cause longer term impacts then a work accident lawyer can help secure suitable compensation. As it’s not always possible to tell if a work injury will have long term impacts it’s a good idea to seek legal advice as soon as possible to protect your rights.
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, it is strongly advised that you seek legal advice before serving WorkCover with a Notice of Claim for Damages.
First and foremost, you should notify your employer immediately. Whilst it might be useful to initially report the incident verbally, we would encourage you to inform your employer in writing of all the details concerning the accident (sending an email can be the easiest way to do this).
In return, your employer should submit a Form 3 Incident Notification Form to WorkCover which details the circumstances of the accident, the person(s) injured and their injuries.
Any superannuation benefits that you have not received (or may not receive in the future) are calculated by your lawyer and claimed as part of your damages.
Any settlement or award for damages from your WorkCover claim will not attract any additional contributions towards your superannuation.
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.
If an employer were to treat you unfairly due to your injuries, that could constitute discrimination.
Just because you have brought a common law worker’s compensation claim doesn’t mean that employers are allowed to hold that against you. You are entitled to be treated equally alongside workers who have not been injured.
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 no win, no fee workers compensation claim to help cover your past and future loss of income and costs due to your injury if the injury was work related and your employer or a third party was negligent in some way.
Regardless of fault, if it happened at work then you should be eligible to support via a WorkCover claim if it was work related. This step is needed even if you are also eligible to a lump sum compensation claim. Our work injury solicitors can assess your situation and provide free initial advice on your options.
If you have suffered a non-work related injury and are unable to work then we can assess if any options may be open to you such as a Total and Permanent disability insurance claim via your Super account or if your injury falls under another area of personal injury law such as public liability, road accident injury or medical negligence.
According to the Queensland workers’ compensation scheme statistics 2019–20 report, approximately 91,000 work injury claims are made annually in Queensland.
If you are an employee and are injured or witness an injury:
If you are an employer and one of your employees is injured:
As an employer, WorkSafe Queensland states that all employers must report work injuries sustained by workers for which compensation may be payable by their workers compensation insurer such as WorkCover.
Reporting the injury doesn’t start a compensation claim and should be done regardless of whether the employee plans to make a claim for workers compensation OR whether you think it’s an injury that could result in compensation or not.
Generally, any injury that took place at work or in the course of employment that will require time off beyond the day of injury should be reported.
Note: Murphy's Law Accident Lawyers acts for injured employees and therefore we are unable to provide advice to employers regarding their workers compensation insurance policies or work safety responsibilities. We suggest calling your workers compensation insurer or WorkSafe Queensland depending on the nature of the enquiry.
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. To ensure this offer is as fair and reasonable as possible, it is advisable to engage a work injury lawyer.
You can seek compensation for all the following areas:
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.
