Workers’ Compensation for Workplace Injuries in Brisbane
No Win, No Fee Workers' Compensation Lawyers in Brisbane
If you have been injured in a work accident or suffered a work-related illness, Attwood Marshall Lawyers has expert workers’ compensation lawyers in Brisbane to help you. Claiming workers’ compensation should be simple when you get the right advice. We can take care of your claim so you can focus on your recovery and getting back to work.
With over 75 years of experience, Attwood Marshall Lawyers has proudly established itself as Brisbane’s trusted legal expert for injured workers.
Our team of highly skilled lawyers specialise in handling a wide range of workplace injury claims, from moderate to catastrophic injuries, fatalities, nervous shock and dependency claims.
Having secured millions in compensation for our clients, we intend to help people and change their lives for the better.
When someone suffers an injury or illness in the course of their work, their life is often turned upside down. There can be a lot of fear associated with a workplace injury, including the worker being worried about if they may lose their job or how long it may take before they can return to work at full capacity.
That’s where we come in – to help our clients access the treatment they need and to secure the financial support they’ll depend on now and in the future. We handle all communications and negotiations with WorkCover.
Our Brisbane compensation lawyers bring significant experience in representing workers across various sectors, including construction, trade, health, first responders, and the transport industry.
We understand the emotional and financial burden of a workplace injury, whether it be physical or psychological. That’s why our Brisbane lawyers operate on a ‘No Win, No Fee’ basis for all workers’ compensation claims. There are no upfront costs and you’ll only pay our fees if you receive a settlement or compensation. If your claim is unsuccessful, we waive our fees, and you won’t incur any costs.
To help you understand where you stand, we offer a free, no-obligation initial consultation. Your enquiry is confidential, and our lawyers will explain everything to you, outlining what to expect.
Don’t let time limits jeopardise your claim. Contact Attwood Marshall Lawyers today for your free consultation and to get your WorkCover claim underway.
Call 1800 621 071 or book an appointment online now.
Free consultation and confidential advice – book online now
Download our WorkCover Claims Info Pack
Download our WorkCover Claims Info PackTo learn about the process involved in making a WorkCover claim and what compensation you may be entitled to, provide your details below and receive our Information Pack in your inbox.
Our Process
1. Get in touch
Talk to our team and tell us about your workplace injury, we're here to listen.
2. Consultation
Our workers' compensation lawyers will discuss your case and let you know what you can expect.
3. Negotiation
We'll manage all conversations with WorkCover and fight to obtain the best result for you.
4. Settlement
Once the insurer pays your compensation, we will deposit this into your bank account.
Frequently Asked Questions (FAQs) about Workers' Compensation Claims
- Report your injury (and how it occurred) to your employer as soon as possible. To report the incident, you will usually be required to complete an Incident Report Form.
- Visit your GP and request that they 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 WorkCover Queensland.
- Obtain immediate legal advice about your claim by contacting Attwood Marshall Lawyers and finding out how to ensure your best interests are protected and that you will receive your full entitlements.
Our workers’ compensation lawyers in Brisbane operate on a No Win, No Fee basis. “No Win, No Fee” means you only pay our fees if you receive a settlement or compensation, and your claim succeeds. If you do not receive compensation, we waive our fees, and you do not pay any costs.
You will be provided with a comprehensive Costs Agreement upon engaging Attwood Marshall Lawyers to represent you in your WorkCover claim. This document outlines how fees and disbursements are charged, ensuring transparency and clarity on potential costs at the closing of your matter.
There are two types of workers’ compensation claims:
Statutory benefits (no-fault) claims
Workers’ compensation claims in Queensland must initially be lodged as a statutory benefits (no-fault) claim. Statutory benefits claims entitle injured workers to weekly benefits (i.e. income payments), medical treatment and rehabilitation costs. These benefits provide injured workers with access to income and treatment costs while off work and recuperating from their injury or illness. The statutory benefits claim is a temporary claim for benefits.
Once your injuries stabilise, you will be assessed by independent medical assessors. If you have suffered a permanent impairment because 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 representing your employer) will issue you a Notice of Assessment that includes a percentage (%) impairment and a lump sum offer. At this point, you can decide whether to proceed with a Common Law Negligence Claim for compensation (see below). Obtaining legal advice as early as possible is vital to discuss your potential entitlement to further compensation.
Because statutory benefit claims are ‘no fault’ (i.e. not caused by negligence, unsafe work practices, dangerous workplace, faulty equipment, etc), the benefits are temporary. They are not designed to compensate an injured worker for losses such as future treatment costs or future income loss.
Common law claims (fault-based claims) 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 failed to protect you 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 to understand your rights and options.
A common law claim is a one-off, lump sum payment meant to include compensation for your losses incurred because of your work injury (including anticipated future losses).
Depending on your circumstances, a common law claim will typically involve compensation 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. if you require a 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
WorkCover Queensland insures most employers in Brisbane and throughout Queensland.
However, some employers may choose to be self-insured. Workers whose employers are self-insured will need to contact their employer’s insurer to claim workers’ compensation.
Obtain legal advice early
Do not let your employer talk you out of obtaining legal advice or making a claim after you have suffered an injury at work. In most cases, the workers’ compensation insurer pays out the claim, not the employer.
Attwood Marshall Lawyers offers a free, no-obligation initial consultation to find out where you stand. We can discuss your situation and answer any questions you may have before you decide what to do next.
Employers in Brisbane are legally required to insure their employees with workers’ compensation insurance if they suffer injury. Employers pay premiums to ensure that their staff are covered under this insurance. WorkCover Queensland (or the workers’ compensation insurer of their choice) pays benefits and compensation to their workers if they suffer an injury or illness on the job. It is not the employer that has to pay this compensation.
Workers who may claim compensation for a work-related injury include:
- Full-time or part-time employees;
- Casual or permanent employees;
- Contractors or subcontractors, 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;
- Self-employed workers, in some cases.
In the case of severe injury or a workplace fatality, the spouse and dependants of an injured worker may also be entitled to claim compensation.
If you are unsure whether you are entitled to claim workers’ compensation, it is critical to seek legal advice as soon as possible. For a free, no-obligation consultation, call us on 1800 621 071.
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.
Your application should be lodged with the workers’ compensation insurer as early as possible. You can submit your application online on the WorkCover Queensland website. The applications are to be filed within six months of the work incident (or the onset of your first symptoms), although that can sometimes be extended depending on the circumstances.
There is a three-year time limitation from the date of injury to either commence the claim in court or lodge a Notice of Claim for Damages.
If you have failed to commence the claim in court or lodge your Notice of Claim for Damages within the three-year time limitation, the claim may be statute-barred, and you will be prevented from making a claim.
However, if you have not received your Notice of Assessment (i.e. notice of percentage impairment and lump sum offer) from WorkCover Queensland (to commence your common law claim) within three years from the date of injury, you can still lodge your Notice of Claim for Damages within six months of receiving the Notice of Assessment – failing which the claim would then be statute-barred. Workers’ compensation claims can be complicated. It is imperative that you obtain legal advice about your workers’ compensation claim as soon as possible.
Our friendly Workers’ Compensation Brisbane lawyers offer a free, no-obligation initial consultation. We can discuss your situation and provide any information you need before deciding what to do next. Call us on 1800 621 071.
The time it takes for your work injury compensation claim to finalise is determined by:
- The nature of your injuries and how long your injuries take to stabilise (often 6-12 months post-accident or post-surgery);
- How long you remain on statutory benefits (before commencing a common law claim);
- The number of defendants to the common law claim and their attitude towards settlement or proceeding to court (workers’ compensation claims are usually settled through alternative dispute resolution methods before proceeding to court);
- The legal steps required to progress your claim and achieve settlement/court award.
Once you have commenced your common law negligence claim (by lodging a Notice of Claim for Damages), the parties must attend a compulsory settlement conference within nine months to attempt to resolve the claim out of court. The settlement conference usually takes place 6-9 months after the Notice of Claim is lodged. Many workers’ compensation claims are resolved at compulsory conference stage.
If the claim is not resolved at the conference, a further settlement conference (called a mediation) is usually scheduled 6-12 months later. Claims rarely proceed to trial.
Most common law claims are resolved 6-18 months after the Notice of Claim is served. The sooner you start your claim, the sooner you will receive a settlement.
If you are injured at work, you can claim for physical injuries, psychological injuries, head injuries, illnesses, diseases, and aggravations of a pre-existing injury, illness, or condition.
Common workers’ compensation injuries include:
- Spinal injury, including fractures, dislocations, and damage to the spinal cord.
- Back injury, including strains and sprains, to more serious issues like herniated discs, nerve damage, or compression fractures.
- Neck injury, including whiplash or cervical disc herniation.
- Disc bulge, disc herniation, disc fracture or disc protrusion
- Head injury
- Brain injury
- Soft tissue injury
- Shoulder injury, including rotator cuff tears or disclocations.
- Knee injury
- Arm and wrist injuries, including fractures, sprains, or carpal tunnel syndrome
- Hand or finger injuries, including fractures, lacerations, or amputations.
- Leg injuries, including injuries from falls, crush injuries, or repetitive strain.
- Foot or toe injuries, including fractures, sprains, or crush injuries.
- Hip or pelvis injury, including dislocations and strains.
- Eye injury, including foreign object penetration, chemical burns, or blunt trauma to the eye.
- Psychological injury, including PTSD, anxiety, depression and other mental health conditions.
- Repetitive strain injury
- Burn injury
- Scarring injury
- Cuts and lacerations
- Asbestos or silicosis injury
- Death (click here to find out more about QLD WorkCover Death Benefit Claims)
Accidents at work can occur in any industry or occupation and at any time. The types of accidents that cause workers to sustain injuries and seek compensation claims are incredibly varied.
Some of the most common types of work accidents include:
- Mining accidents caused by ground failures, slips, trips and falls, or falling objects and debris.
- Construction accidents caused by machinery, scaffolding accidents, vehicle accidents, falls from heights, head injuries, eye injuries, forklift accidents, repetitive stress injuries, and even electrocution.
- Farm accidents, including chemical exposure, crush injuries, pesticide toxicity, injuries caused by animals, tractor and quad bike accidents.
- Factory and industrial accidents such as injuries from exposure to harmful substances, overexertion, explosions, lacerations, and chemical injuries.
- Hospitality accidents such as slips and trips, cuts and burns, electrical hazards, mental stress and musculoskeletal trauma.
- Manual labour accidents including back injuries, sprained muscles or torn ligaments and tendons, nerve injuries, and bone injuries.
- Manufacturing and retail accidents, including harmful substance exposure, injuries from defective equipment, repetitive strain injuries, and machinery accidents.
- Bullying, intimidation, harassment, discrimination. Injuries sustained as a result of this behaviour can affect workers from any industry.
- Exposure to trauma. Psychological injuries are commonly experienced in health and safety sectors, including first responders and frontline health workers.
If you have been injured at work, your employer’s workers’ compensation insurer (usually WorkCover Queensland) pays the compensation – not your employer.
Your employer is not allowed to treat you unfairly because you have been injured or because you have made a claim. They should support you through the process. If your employer treats you unfairly, you may be entitled to claim unfair dismissal or discrimination in addition to your workers’ compensation claim.
Remember, your employer pays workers’ compensation premiums to ensure that workers like you have access to the compensation you need if you suffer an injury.
If you are concerned about potential unfair dismissal, our experienced Brisbane lawyers can assist you.
If WorkCover has rejected your claim, they may have notified you for various reasons. The most common reasons include:
- Where the injured claimant is not considered a ‘worker’ under the Workers’ Compensation and Rehabilitation Act 2003;
- If the injury was sustained outside of work hours;
- If the injured claimant did not properly report the accident to their employer;
- If the claim was lodged outside of the necessary timeframe;
- If the claim was filed in the wrong jurisdiction.
It’s not uncommon for valid claims to face rejection. Some individuals receive rejection letters but neglect to challenge the decision or seek professional legal advice promptly, potentially forfeiting their right to pursue the claim.
If you’ve received a rejection letter, it’s crucial to seek guidance from an experienced compensation lawyer. Understanding your rights and the necessary steps to contest the decision is vital.
Click here to learn more about the process of reviewing a WorkCover decision.
Attwood Marshall Lawyers has acted for injured workers against workers’ compensation insurance companies in Brisbane for 75 years.
Our Brisbane lawyers are trained to listen and connect with you to ensure we understand your circumstances and what is important to you.
Our personal injury lawyers are highly skilled industry-leaders in compensation law. The team is led by Queensland Law Society Accredited Specialist Jeremy Roche. We act on a No Win, No Fee basis.
We know that claiming compensation can be a daunting process. Our lawyers are here to assist you every step of the way to ensure you achieve an optimum result in the shortest time and with as little stress as possible.
Meet our Brisbane Compensation Law team
Our dedicated team of lawyers who practice exclusively in compensation law and personal injury claims can assist with all Brisbane WorkCover claims on a ‘No Win, No Fee’ basis.
Jeff
Garrett
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No Win, No Fee WorkCover Lawyers Brisbane
Attwood Marshall Lawyers act on a No Win, No Fee basis for workers’ compensation claims in Brisbane, so you only pay our fees if you win your case and receive compensation. There are no upfront costs. We offer a free, no-obligation and confidential discussion so that you can find out where you stand and ask any questions about making a claim following an injury. Visit our Brisbane City office to discuss your matter or chat to our team over the phone or via Zoom.
