Workers’ Compensation – Workplace Injury Lawyers Brisbane

• Report your injury (and how it occurred) to your employer as soon as possible. This usually involves completing an Incident Report Form.
• Go to your GP and get them to complete a QLD Workers’ Compensation Medical Certificate.
• Complete an Application for Compensation form online.
• Provide a copy of your Application for Compensation and Medical Certificate to your employer and/or to WorkCover QLD.
• Contact Attwood Marshall Lawyers to obtain immediate legal advice.

Our workers compensation lawyers Brisbane work on a No Win No Fee basis.

This means that you only pay our fees if you receive a settlement or compensation. If you do not receive compensation, we waive our fees and you do not pay any costs.

There are two types of workers’ compensation claims:

Statutory benefit (no-fault) claims

Workers’ compensation claims must initially be lodged as a statutory benefits (no-fault) claim. A statutory benefits claim entitles injured workers to weekly benefits (i.e. income payments), medical treatment and rehabilitation costs. This provides an injured worker with access to an income and treatment costs while they are off work and recuperating from their injury. The statutory benefits claim is a temporary claim for benefits.

Once your injuries stabilise, you will be assessed by independent medical assessors. If you are assessed as having suffered a permanent impairment as a result of your work injury, you will be offered a lump sum payment before your statutory benefits claim is finalised. WorkCover Queensland (or the workers’ compensation insurer) will issue you with a Notice of Assessment that includes a percentage (%) impairment and a lump sum offer. At this point, you will be able to decide whether to proceed with a Common Law Negligence Claim for compensation (see below). It is vital to obtain legal advice as early as possible.

Because statutory benefit claims are ‘no fault’ (i.e. not caused by negligence, unsafe work practices, dangerous work place, faulty equipment, etc) the benefits are temporary and are not designed to compensate an injured worker for losses such as future treatment costs, or future income loss.

Common law claims (fault-based claim)

Common law claims are fault-based or negligence claims.

If you have been injured at work, or in the course of your work duties, due to employer negligence, co-worker negligence, a dangerous system of work, unsafe work practices, poor training, faulty equipment, or similar, you may be able to make a common law claim for compensation.

Unlike statutory benefits claims (which are no-fault), for a common law claim you must prove that the employer (or co-worker) was at fault, or that you should have been protected from the work injury or incident occurring (i.e. unsafe system of work, poor training, no safe work practices, etc).

Many injured workers wrongly assume that they cannot demonstrate fault, or incorrectly blame themselves for their injury. Obtaining legal advice is essential.

A common law claim is for a once off, lump sum payment that is meant to include compensation for your losses incurred as a result of your work injury (including anticipated future losses).

Depending on your circumstances, a common law claim will typically involve a lump sum compensation claim for:

• General damages, pain and suffering;
• Income loss to date, including interest and superannuation;
• Anticipated or future income loss over the rest of your career, plus superannuation;
• Paid or commercial care costs (e.g. paid cleaner, gardener, home maintenance);
• Medical treatment, rehabilitation expenses, medication, travel costs;
• Return to work assistance;
• Equipment, aides, prostheses, wheelchairs, etc;
• Home modification (if applicable).

In some cases, WorkCover Queensland (or the workers’ compensation insurer) will be required to contribute to an injured person’s legal costs.

Workers whose employers are self-insured

Most employers in Queensland are insured by WorkCover Queensland.

Workers whose employers are self-insured will need to contact their employer’s insurer to make a claim for workers’ compensation.

Obtain legal advice early

Do not let your employer talk you out of obtaining legal advice or making a claim. In most cases, it is the workers’ compensation insurer that pays out the claim, not the employer.

We offer a free, no-obligation initial consultation so you can find out where you stand. We can discuss your situation and provide you with any information that you need before you decide what to do next. For a friendly chat, call us on 1800 621 071.

Employers in Queensland are legally required to insure their employees with workers’ compensation insurance in case they suffer injury.  Employers pay premiums to ensure that WorkCover Queensland (or the workers’ compensation insurer) pays benefits and compensation to their injured workers – not the employers themselves.

You are entitled to claim workers’ compensation if you suffered injury out of, or in the course of, your employment, where your employment is a significant contributing factor to the injury.

Workers who may claim include:

• A full-time or part-time employee;
• A casual or permanent employee;
• A contractor or subcontractor, if the relationship with the employer is one of employment (which is often the case);
• A person deemed to be a worker – juniors, work experience students and some volunteers;
• A self-employed worker in some cases.

Additionally, the spouse and/or dependants of an injured worker may be entitled to claim benefits in the case of severe injury or a workplace fatality.

If you are unsure as to whether you are entitled to claim workers’ compensation, it is critical you seek legal advice at the earliest opportunity. For a free, no-obligation consultation, call us on 1800 621 071.