Work Injury Claims
If you have been injured at work, then you may be entitled to receive compensation for your injuries. Your employer has insurance for such things. There are two types of claims that you can make:
- Statutory claims (where no fault needs to be established)
- Common law claims (where the fault or negligence of your employer must be established)
Submitting a claim for worker’s compensation will help you to secure rehabilitation, wages and sometimes a payout which is in place to compensate you for the pain and suffering and loss of income that you have endured. Get free and immediate advice from a Lawyer that is specific to your situation by contacting our office. We have helped hundreds of Queenslanders get their life back on track.
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What Does Workers Compensation Cover You For?
If you have been injured at work, you can seek compensation for your injuries. Your compensation also considers the gap between the way your life will go after your injuries, and how it would have gone had you not been injured.
You may be able to claim for:
- Medical bills
- Hospital bills
- Travel expenses to and from treatment
- Permanent impairment compensation payout
- Return to work services
- Rehabilitation for your injuries
Contact our work injury lawyers Brisbane to find out about the range of compensation available to you.
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Steps To Take If You Have Been Injured at Work
Being injured is never an easy thing to deal with. There are adjustments that you must make in your personal life, and you may have troubles getting around or need extra support and in-home care. We understand that you are adjusting to this new stage, but it’s important that you go through a couple of critical steps so that our lawyers can start working on your workers compensation claim for you.
1. See your Doctor and obtain a workers’ compensation medical certificate.
2. Inform your employer and provide them with a copy of the medical certificate.
3. Lodge your claim with WorkCover. At this stage, your compensation lawyer can provide you with a detailed explanation of the process, the best way to approach it and explain what your options are going forward.
If you are worried about the security of your job, then know this: it is illegal for an employer to terminate your employment on the grounds of you making a workers’ compensation claim.
Further to this, you are likely to experience a significant disadvantage in the open labour market because of your injuries. Making a claim is the reason that we have workers’ compensation insurance. It’s important that we can hold negligent employers accountable for their actions and any injuries you have suffered at work because of an unsafe workplace, unsuitable supervision or unsafe equipment. Because at the end of the day, you should be able to go to work and return home free of injury and pain.
What Is Considered an Injury?
Physical injuries include aggravation of pre-existing conditions. This may include but is not limited to:
- Shoulder injuries
- Noise-induced hearing loss
- Back and neck injuries
- Repetitive strain injuries
- Lacerations, burns and scarring
- Head and brain injuries
Psychiatric or psychological disorders can include but is not limited to:
- Psychiatric injury due to work pressure
- Mental stress due to exposure to a traumatic event
- Mental stress due to workplace violence
- Psychiatric injury due to bullying, harassing or intimidating conduct
Diseases as a result of occupational exposure can include but are not limited to:
- Infectious diseases such as HIV, Q fever and Tuberculosis
- Respiratory diseases such as coal workers' pneumoconiosis
- Skin diseases such as contact dermatitis
- Musculoskeletal diseases such as carpal tunnel syndrome
If the injuries have unfortunately resulted in death, then we can also make a claim on behalf of family members.
If you have suffered an injury at work, then it is important that you get in touch with our workers compensation lawyers Brisbane as soon as possible to get started on your claim for compensation.
Time Limits For Your Personal Injury Claim
It is important to note that limitation periods apply in Queensland when lodging a workers’ compensation claim. Therefore, it is important to find a personal injury lawyer to represent you promptly. If you have been involved in a work accident and want to know more about your rights to compensation, then you will want to speak to one of our friendly and experienced work accident injury lawyers for some pressure-free advice. Should you wish to consider proceeding with a claim, we can arrange a no obligation, free initial meeting.
Frequently Asked Questions
I have been offered a lump sum. Should I take it?
You may be offered a lump sum compensation figure which will conclude your WorkCover statutory claim, even in circumstances of your employer not being at fault for your work accident. Generally, for this to occur, you will need to request it so that WorkCover Queensland can organise an assessment for the degree of permanent impairment. This impairment percentage will determine what type of lump sum you may be offered for compensation of your work-related injury.
We strongly recommend that if you have been made a lump sum offer for your WorkCover statutory claim that you do not agree or sign anything until you have sought legal advice. At this point, we will provide you with a free meeting with zero obligation to see if it is worth your while to make a workers’ compensation common law claim. We will give your matter a free case review and provide you with truthful advice. If you accept the WorkCover statutory claim, then you will not be eligible to proceed to a workers compensation common law claim unless you have received an impairment of 20% or more, in which case you are entitled to make both claims.
If we think you should accept the WorkCover statutory claim lump sum offer, we will tell you as such because we are interested in ensuring that no matter what, you get the best possible outcome. However, if we think you should reject the statutory lump sum compensation offer and proceed with a common law claim in the case where you have received an impairment percentage of 19% and under, then we will explain why and talk you through your options because we’re here to help you!
What do I do if I suffer an injury at work?
The initial step is to report your work injury to your immediate supervisor; this may be the owner of the business or a manager. You may be required to fill out an incident report at work. If your injury is severe, then medical attention and treatment are your first priority.
For all non-severe injuries, don’t just try and ‘tough it out’ – it is always important to seek a medical opinion to see if there are any options to speed up your recovery. Also, by not reporting your injury to a medical professional, you are essentially hindering any potential work injury claim.
While you are seeking medical advice, make sure you obtain a workers’ compensation medical certificate should you require any time off work to seek treatment or to just recover. WorkCover Queensland will reimburse you for lost wages if you are concerned about taking time off for this reason.
Your next step is to inform your employer and provide them with a copy of the medical certificate. After you have done this, lodge your claim with WorkCover or self-insurer. At this stage, we can sit down for an obligation-free and zero cost meeting at our local Logan office, or we can drive to you whether you live in Brisbane, the Gold Coast, Ipswich or elsewhere in Queensland. The purpose of this meeting will be to provide you with a detailed explanation of the process of a WorkCover claim, the best way to approach your potential work injury claim and explain what your options are going forward.
How long does a WorkCover claim take?
The timeframe of a workers compensation statutory claim can depend on how long it takes for you to recover from the injuries you have sustained at work. This recovery process generally takes up to 12 months, but for more severe injuries it could take a number of years before it is determined that you have recovered as best as can be expected. Your physical and mental wellbeing need to have stabilised so that the actual impact of the injury can be determined by a specialist doctor that WorkCover will send you to.
The specialist doctor will give you a percentage of impairment that is insurer-friendly. At this point, if we are representing you, we will send you to a claimant-friendly doctor to ensure that the percentage of impairment is not favouring the insurer. At this point, you may be offered a lump sum payout which will compensate you for your injuries and conclude the WorkCover statutory claim. If we believe that accepting this offer is in your best interest, then we will inform you so. However, insurers will often make a tempting but low offer to finalise your matter which will disallow you from proceeding to make a common law claim which may see a much better compensation offer for your work injury. Should we proceed with a common law claim, this may take some additional months as we gather evidence and advocate for your rights to a decent compensation figure.
How much compensation will I get?
This depends on many scenarios. Everyone that pursues a WorkCover statutory claim may be entitled to compensation in the form of:
- Weekly compensation for lost wages
- Surgical and hospital expenses
- Medicines essential for recovery
- Rehabilitation treatment and equipment
- Travelling expenses for medical treatment, rehabilitation,
Once your injury has stabilised, you may be assessed for a permanent impairment in which you will be given a percentage of impairment. Depending on the percentage, this may lead to an offer of a lump sum compensation payment which, if you accept, will finalise your WorkCover Statutory Claim.
We strongly recommend that if you have been made a lump sum offer for your WorkCover statutory claim that you do not agree or sign anything until you have sought legal advice.
Every injury compensation claim is different and is assessed individually. It is difficult to estimate a compensation figure for the common law claim until all the evidence has been gathered and the extent of the injury has been established. Therefore, estimates are not possible until well into the claim.
We will give you detailed and informed legal advice that is easy to understand in regards to your option of rejecting or accepting the WorkCover statutory lump sum compensation offer, and we will provide you with an idea of what a successful common law claim will look like once we have reviewed your WorkCover matter. But at the end of the day, we will leave the ultimate decision up to you.
What benefits can I access while on WorkCover?
If you are injured while you are at work, then you are entitled to access benefits from WorkCover Queensland or from your employer’s self-insurer. It is important to lodge your claim as soon as possible with WorkCover Queensland or the self-insurer as to access these benefits, your claim will need to be approved.
You may be able to access such benefits including:
- Weekly compensation for lost wages
If you need to take some time off work due to an injury that you have sustained at work, then WorkCover will calculate the amount of weekly compensation you will receive based on the Workers’ Compensation and Rehabilitation Act 2003 and pay it directly into your bank account. The level of compensation that you will receive will depend on many factors but generally speaking, if you have been injured after 2008, then WorkCover QLD may cover up to 85% of your wages for up to 26 weeks before lowering that compensation amount down to either 70% or 75% for an additional 78 weeks.
- Surgical and hospital expenses
If you have sustained an injury at work and you require non-elective surgery, then WorkCover may cover your hospital costs for up to four days.
If it is elective surgery involving a procedure that is determined as appropriate for the injury by a medical specialist, then WorkCover may cover costs, but it is important that WorkCover approves the operation as a course of treatment before undergoing any elective surgeries.
- Medicines essential for recovery
Should you require pain relief or prescription drugs, then WorkCover will pay for those expenses.
- Rehabilitation treatment and equipment
You may need to seek rehabilitation treatment such as physiotherapy or buy equipment such as crutches to help support your recovery. Any rehabilitation treatment or equipment you require needs to be reasonable and relevant to your injury. It is important that when attending treatment, you are seeing a registered practitioner otherwise the expense will not be covered. Most of the time WorkCover can be charged directly, however, if you make an out-of-pocket payment then ensure that you keep the receipt so that WorkCover can reimburse you.
- Travelling expenses for medical treatment, rehabilitation, etc
WorkCover may pay for any necessary and reasonable travel expenses that you incur to obtain medical treatment or attend medical appointments.
- Death benefits and funeral expenses
Family members are entitled to claim these expenses in the case of a work-related death.
How much will a claim cost in legal fees?
Due to the nature of personal injury claims, it can be difficult to establish exactly what your legal fees are at the beginning of a claim because various factors will come into play which are not yet known at the start of the claim.
No matter the law firm, all personal injury No Win-No Fee arrangements are subject to the 50/50 rule. This rule stipulates that the maximum fee that a law firm can charge including GST is 50% of the net settlement amount after refunds and outlays have been deducted from the gross settlement amount. This does not automatically mean we will take 50% of your settlement, but it does put a cap on what we can charge, which prevents rogue law firms putting clients in a position where they are worse off after making a claim.
In comparison to other big name personal injury law firms, our lawyers and legal staff hourly rates are significantly lower. This means you get more bang for your buck! Further to this, we have excellent systems in place to ensure that our lawyers and team are working efficiently. Our fee policy also guarantees no uplift fees.
What timeframe do I have to claim if I have been injured at work?
Ideally, you should lodge a claim for workers’ compensation for any injury you have sustained at work through WorkCover or your employer’s self-insurer as soon as possible. Generally, you have six months to apply for a WorkCover statutory claim. Once you have lodged the application for workers’ compensation, and if the application for WorkCover compensation is accepted, you will be able to access benefits including:
- Weekly compensation for lost wages;
- Surgical and hospital expenses;
- Medicines essential for recovery;
- Rehabilitation treatment and equipment; and,
- Travelling expenses for medical treatment, rehabilitation, etc
Should you proceed with a workers’ compensation common law claim for the injury you have sustained at work, in most circumstances, you will have a three-year time limit to lodge the claim. If you have missed this three-year limitation period, then some extremely extraordinary circumstances will need to apply should you wish to continue your right to make a claim, and you should speak to our workers compensation lawyers Brisbane to see if we can help.
These initial time limits are not the only ones you need to be concerned about. Once your claim has started, there are many other strict time limits that apply at different phases, and if you miss one, it could have a detrimental effect on your claim. Making a workers’ compensation common law claim is exceptionally complicated and these time limits just add to the importance of seeking legal advice on any work injury compensation matter.
I only work casually, or am I on a contract. Am I entitled to make a WorkCover claim?
It doesn’t matter how frequently you work or even if you have been injured on your first day of a new job – you will still be covered by your employer’s insurance if you have been injured at work. It is mandatory that every business in Queensland has a WorkCover Accident Insurance Policy to cover its employees in case of a work accident. As there are only 28 licensed self-insured employers, it is more than likely that you will be covered by WorkCover Queensland who is an independent government-owned insurer.
Even if your employer didn’t have a WorkCover policy in place, you can still proceed with a claim against WorkCover and they will progress the claim in place of the insurer.
Can I run a WorkCover claim myself?
WorkCover QLD has made the initial WorkCover statutory claim process straightforward; you can lodge it online or even on the phone. It does not matter who is to blame for your work accident because it is a no-fault scheme, so no matter what, you will be able to access WorkCover benefits. However, it is always good to seek quality legal advice at this point; you can call us and speak to a workers comp lawyer for free advice straight away. No obligation – just expert legal advice on what your rights and entitlements are.
Once your WorkCover statutory claim has been finalised, you may be offered a lump sum payout based on the impairment you have received. At this point, stop and do not sign anything! Do call us! Why? If you accept that lump sum compensation offer, then you will not be allowed to bring forward a common law claim for that injury unless your injury has an impairment of 20% and over, in which case you are eligible to claim compensation from both the statutory and common law claim.
In regards to running a work accident common law claim by yourself, we simply do not recommend it. Common law claims are exceptionally complicated, and you really need to have an expert compensation lawyer that is experienced in obtaining outstanding results. A claimant does not have the same comprehensive understanding of the law as an expert compensation lawyer. Not only is the entire process difficult with detailed legislations and strict time limits, but insurers take advantage of people trying to self-represent and make ridiculously low or even no offers for compensation. It is important to manage the expectation and understanding of the insurer from the outset of a claim to increase the change of success at an earlier stage to reduce cost, time and stress.
Can I be fired if I apply for WorkCover?
If you are also worried about your job, it is illegal for an employer to terminate your employment on the grounds of you making a workers’ compensation claim. If you have suffered a work-related injury or disease, then the Workers’ Compensation and Rehabilitation Act 2003 legislates that employers are not entitled to use this as a reason to fire or dismiss the employee within 12 months of the injury or illness.
My boss has told me not to lodge a WorkCover claim
Your boss is thinking about his insurance premiums. The whole purpose of your boss having a WorkCover insurance policy is for the unusual occasion where an employee is involved in a workplace accident. If numerous injuries have occurred at your work due to unsafe practices, then you should definitely be making a claim to ensure that your boss is pressured to ensure that health and safety changes are enforced correctly, therefore minimising the risk of other employees being injured.
You should not feel threatened or coerced out of making a claim when you have been injured. It is important to consider your own future. A company should be able to absorb the cost if there is a small premium rise. However, can you risk losing your job and experiencing a significant disadvantage in the open labour market because of your injuries?
Making a claim is the reason behind workers’ compensation insurance. The WorkCover statutory claim is there to protect the injured no matter who is at fault, and the common law claim is there in order to hold negligent employers accountable for their actions.
Do I have to go to court?
When making a WorkCover Statutory Claim, you will not need to go to court, and it is also very unlikely that you will need to go to court when suing your employer for negligence through a common law claim.
WorkCover acts as the insurer for your employer and will defend the claim on their behalf. If we have been able to prove that your employer is negligent, then it is more than likely that we will be able to resolve your matter informally with WorkCover. Should we not be able to come to a compensation figure that you are happy with, then we will proceed to a more formal compulsory settlement conference.
At this conference, WorkCover has to make their best possible offer. If we are still unhappy with that offer, then we may proceed to a pre-court process where again WorkCover may attempt to resolve the matter. In failing to come up with a satisfactory result, then we will proceed to court. Again, going to court is a very rare occurrence as it is certainly not in the best interest of either party.
Do my work mates have to be witnesses?
If you are proceeding with a common law claim for compensation for a work injury, then it is important that we gather as much evidence as possible to support and validate your version of events. In the common law claim, we must prove that your employer has been negligent. If you have work colleagues that have witnessed the accident and are happy to provide a statement, then this will strongly support your claim.
It is important that you obtain a witness statement as soon after the accident as possible, and this witness statement should be as detailed and accurate as possible. Memories of witnesses do fade over time and their statement taken shortly after the accident will have a stronger influence in court than an oral recap of events many months after the date of the accident.
Other types of evidence that may be gathered if they are relevant to the compensation claim can include:
- Care diaries
- Text messages
- Photos and surveillance videos
- Facebook accounts and posts
The injury at work was my fault. Can I still make a claim?
You would be able to proceed with the WorkCover statutory claim or a claim with your employer’s self-insurer even if the accident was completely your fault. This is a no-fault scheme designed to support injured workers in the recovery process no matter what.
Every work injury starts with the WorkCover statutory claim; then there is an option to proceed with a workers’ compensation common law claim. However, a common law compensation claim will only be successful if you are able to prove that your employer has breached their duty to provide a safe and supervised work environment.
Does WorkCover pay superannuation?
WorkCover QLD does not make any superannuation deductions on your behalf. It is important to keep on top of you super payments while receiving workers compensation, particularly if you intend on making a Total and Permanent Disability (TPD) or income protection claim.
If you allow a TPD or income protection claim to lapse due to insufficient funds to pay the premiums out of your superannuation, you may lose your entitlement to claim under that policy.
What happens if my workplace has no WorkCover insurance?
The Workers’ Compensation and Rehabilitation Act 2003 legislates that it is compulsory for all Queensland employers to insure themselves against workplace accidents by having a work accident insurance policy. If your employer does not have an accident insurance policy or if their policy has lapsed, you can still make a claim through WorkCover, which stands in the place of the employer and will seek to recover the claim directly from the employer.
Will my WorkCover claim affect my future job prospects?
If you have been injured at work, then you may be concerned about the adverse effects making a claim will have on your future employment. An employer may, unfortunately, have hesitation about employing someone that has previously made a WorkCover claim. One of the main concerns for an employer is that they will be responsible and liable if your new job aggravates your pre-existing injury.
An employer does have the right to request that you make them aware of any pre-existing injuries or conditions that you have. They also have the right not to offer you a position if your injury legitimately will prevent you from performing the requirements of the job. If you have previously claimed that you have a significant back injury, then it would be unreasonable to expect someone to employ you for a job that entails heavy lifting as it would be likely for your new role to aggravate that specific injury.
If you are completely well and able to complete the job description and you are being discriminated against because you have had previous injuries that are not relevant to the job you are applying for, then it is possible that your potential employer is breaking the law. If you are not being employed because of discrimination, then you should report it to the Fair Work Ombudsman so that an investigation can take place.
Any logical employer should expect and plan for accidents in the workplace as it is likely that an employee will need to make a WorkCover claim at one point or another. A claim does not always reflect an employer’s negligence nor does it reflect that an employee is incapable of carrying out their role safely, and future employers will take this into account. All Queensland workplaces are legislated to insure themselves against workplace accidents because they can be exactly that – accidents. WorkCover Insurance is a standard business expense for your employer.
My work injuries are so bad that I can't ever return to my previous role? What now?
If you have tragically been severely injured in a workplace accident, you are wondering what your options are other than the initial WorkCover statutory claim.
If you are not at fault in the work accident, then you may consider bringing forward a common law claim against your employer’s insurer which will essentially hold them liable for your injury and entitle you to further compensation. If your injury is assessed for a degree of permanent impairment and you receive an impairment of 20% or more, then you are entitled to make the WorkCover statutory claim and Workers compensation common law claim. If your degree of permanent impairment is assessed at 19% or less and you are not at fault, then you will only be allowed to choose between the statutory claim or the common law claim. No matter what the outcome is, the safest option is to obtain free legal advice from our work injury lawyers.
Another option which does not take into consideration who is at fault for the accident is a Total and Permanent Disablement (TPD) insurance claim. We can run a TPD claim as well as the workers’ compensation claim. Super funds typically have TPD insurance attached to their policy to provide cover if you are seriously disabled and unable to work again. It is possible that you may have multiple policies with super funds that you may not even know of. As such, we can conduct a search to identify any other super funds that may have TPD insurance attached to them at the time of the injury.
What are WorkCover Queensland Contact Details?
Should you need to contact Work Cover QLD, here are some quick links and contact details to get your claim happening faster.
WorkCover Queensland has a fantastic website which is a source of useful information for injured employees. You can find their website HERE.
If you wish to raise a workplace concern, then you can fill in WorkCover QLD’s online form.
If you wish to report a workplace incident, you can fill in WorkCover QLD’s online form.
If you wish to send information to WorkCover QLD about a new claim, then you can fill in their online form.
Or get in touch with:
- Workplace Health and Safety Queensland
- WorkCover Queensland
- Workers’ Compensation Regulator
- Electrical Safety Office
via phone on 1300 362 128 during business hours.
Do I get paid holiday and leave entitlements when I am on WorkCover?
Yes, you certainly do. The Workers’ Compensation and Rehabilitation Act 2003 section 11A outlines your entitlement to compensation which may include paid leave from work and does not restrict you from taking or accruing annual leave, sick leave or long service leave.
Will any compensation or lump sum I receive from WorkCover be taxable?
WorkCover QLD will withhold tax from your weekly compensation because that payment is replacing income. You will not have to pay tax on any lump sum offer that is paid to you by the insurer for pain and suffering. You will also not have to pay tax on any lump sum offer that is made to you because of the death of an employee. These lump sum offers are not considered to be replacing income, and as such, tax cannot be withheld from these payments.
Who pays the workers compensation?
The Workers’ Compensation and Rehabilitation Act 2003 legislates that it is compulsory for all Queensland employers to insure themselves against workplace accidents by having a work accident insurance policy.
As there are only 28 companies that have a self-insurance licence for work accidents, it is more than likely that your employer will have an insurance policy with WorkCover Qld. You employer will pay premiums to WorkCover QLD who are an independent government-owned statutory body. Should you be involved in an accident at work or journeying to work, then you will be able to make a WorkCover claim against your employer’s insurance policy.
The number of claims made against an employer’s accident insurance policy is not a contributing factor to their premium, and claims such as journey and vacation claims will not influence the policy. This insurance policy protects employers for being directly liable for compensating their employees.
Am I able to claim WorkCover if I was injured working at home?
Employers should ensure that if you are working from home, that you are working in a safe environment. Employees may be covered by their employer’s WorkCover accident insurance policy while working from home if injuries have arisen from a work accident.
It is important to note that as an employee working from home, you do have a duty of care in relation to your own workplace health and safety. It is your responsibility to maintain a safe working environment such as repairing broken steps, installing fire alarms, maintaining electrical equipment and restraining animals.
How do I appeal a WorkCover Queensland decision?
If you are unhappy with the decision that has been handed down by the WorkCover insurer, then you can request a review of the decision. The most common decision that we see disputed by a client is the decision for WorkCover to reject their claim. The Workers Compensation Regulator will delegate your review application to the Office of Industrial Relations who are completely independent decision makers. It is important to note that strict time limitations apply and you have only three months to lodge the application for review after receiving the insurer’s written decision.
Requesting the decision to be reviewed by the Office of Industrial Relations is a free service, however, if you want the best chance at obtaining a favourable decision then make sure you speak to one of our expert compensation lawyers for some free advice. We may even be able to help you prepare your review application. An independent review officer from the Office of Industrial Relations will go over your matter again and will independently decide to either agree or disagree with the original decision maker.
If you are still unhappy with the Office of Industrial Relations’ review decision, then you can make a further appeal to the Queensland Industrial Relations Commission. But again, strict timeframes apply, and you must do so within 20 days of receiving the review decision.
If again you have received an unfavourable decision from the Office of Industrial Relations, then you have one last opportunity to appeal to the Industrial Court. This appeal must be made within 21 days, and the decision that the Industrial Court makes about your WorkCover compensation matter is final.
Does WorkCover cover injuries that have occurred while travelling?
If you have been injured while travelling between your home and your work or between one place of employment to the next, then you may be eligible to make a journey claim which will entitle you to claim compensation for your injuries.
If you feel apprehensive about making a WorkCover claim for an injury you have sustained while travelling because of how it may affect your employer’s insurance premiums, then it is noteworthy to mention that WorkCover journey claims will have no impact on your employer’s WorkCover policy.
There is detailed legislation in regard to injury claims that have occurred during travel to or from employment, and it’s important that you speak to one of our workers compensation lawyers Brisbane for some free legal advice about whether or not you are entitled to make a WorkCover claim.
You will only be able to make the WorkCover statutory claim with your employer’s work accident insurance policy. If you were not at fault for the accident on the way to work, then it would be in your best interest to further run a CTP car accident claim against the CTP insurer of the at-fault vehicle. We are also able to run your car accident CTP insurance claim should you require an expert personal injury lawyer to advocate on your behalf.