If you have suffered an injury, illness or disease at work, or your health has been affected by your workplace, you may be entitled to compensation. All employers in Queensland are required to have compulsory Workers’ Compensation insurance for all employees in their workplace. The workers compensation insurer is usually WorkCover Queensland or a self-insurer, if your employer is self-insured.
In Queensland, there are two types of claims that exist:
- Statutory workers compensation claims (no fault on the part of your employer needs to be established);
- Common law compensation claim (negligence on the part of your employer needs to be established).
We can provide legal advice as soon as possible following your injury and before a permanent impairment assessment is conducted or you respond to any Notice of Assessment or lump sum offer from WorkCover Queensland or a self–insurer. You may lose all your rights to significant compensation if the wrong decision is made.
What kinds of workers are covered?
Full-time, part-time and casual workers are all covered by Workers’ compensation schemes. In some circumstances, volunteers and subcontractors are also covered.
Are there any time limits for making a claim?
Strict time limits do apply to lodging a worker’s compensation claim in Queensland. Time limits vary between each state and territory. It is therefore important that you contact an experienced lawyer to discuss your eligibility to make a claim and ensure your entitlements are protected.
Can I sue my employer for negligence?
Depending on the nature of your claim, you may be able to sue your employer in a claim for negligence, this is known as a common law claim.
In order to make a common law claim, a statutory claim must also be made and accepted by WorkCover Queensland or the relevant self-insurer.
Whether you are able to make a common law claim depends on a number of factors, including when your injury occurred, the seriousness of your injury and whether your injury was caused by your employer’s negligence. This is a complex area of law so it’s important you seek legal advice as soon as possible.
What can I receive compensation for?
Depending on the nature of your claim, you may have either a statutory claim or a statutory claim and a common law claim.
In a statutory claim, you may be able to receive compensation for the following:
- Loss of wages/earnings;
- Medical, hospital and rehabilitation expenses;
- Travel expenses;
- Lump sum compensation for Permanent impairment (in some circumstances).
In a common law claim, you may be entitled to receive the following:
- Pain and suffering and loss of amenities of life;
- Past and future loss of earning capacity;
- Past and future medical expenses;
- Care costs both past and future;
Our lawyers will review the circumstances of your injury, advise you on your employer’s liability (often with the assistance of an expert witness), and the type of compensation you may be entitled to receive.
Contact us today for a free consultation to discuss your entitlements.
How much will it cost to make a claim?
In most cases we can represent you a on a No Win, No Fee* basis so you have access to legal representation, no matter your financial circumstances. This means you don’t have to pay our legal fees unless your claim is successful.
Our expert lawyers can discuss legal fees with you during the initial consultation.
Due to legislation which restricts advertising of personal injury related services in Queensland, please contact us if you wish to discuss these services further.