Workers' Compensation Lawyers Brisbane: Compensation for Workplace Injuries

If you’ve suffered a work injury or illness in Queensland, follow these steps to lodge a claim through WorkCover Queensland:

• Report the injury (and how it occurred) to your employer as soon as possible. This includes detailing how, when, and where it occurred. Your employer may require you to complete an incident report form.
• Seek medical attention and obtain a Work Capacity Certificate. When you visit your GP to have your injury assessed, request a Work Capacity Certificate which outlines your diagnosis, treatment plan, and any work restrictions. This medical certificate is essential for your claim and must be submitted to WorkCover Queensland.
• Lodge your claim online via the WorkCover Queensland website (or relevant workers compensation insurance provider), or by calling WorkCover on 1300 362 128. Ensure you include your personal details, information about the injury, and the Work Capacity Certificate.
• Provide copies of your completed claim form and Work Capacity Certificate to your employer. This ensures all parties are informed.
• For guidance and to ensure your rights are protected, seek legal advice about your claim by contacting Attwood Marshall Lawyers and finding out how to ensure that you will receive your full entitlements.

Strict time limits apply when lodging a personal injury claim. Missing these strict time limits can affect your eligibility for compensation, so it is important to act promptly.

Our workers’ compensation lawyers in Brisbane operate on a No Win, No Fee basis. “No Win, No Fee” means you only pay legal fees if you achieve a successful outcome in your case, such as receiving a settlement or compensation. If you do not receive compensation, we waive our fees, and you do not pay any costs. This ensures clients receive necessary legal representation without upfront legal fees.

Following your initial consultation, 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 legal fees and disbursements are charged, ensuring transparency and clarity on potential costs at the closing of your matter.

There are two types of WorkCover claims:

Statutory benefits (no-fault) claims

Workers’ compensation claims in Queensland must initially be lodged as a statutory claim, also known as a statutory benefits (no-fault) claim. Statutory claims entitle injured workers to weekly benefits (i.e. income payments), medical expenses, and medical and rehabilitation treatment costs. These benefits provide injured workers with access to income and treatment costs while off work and recuperating from their injury or illness. This is a temporary claim for benefits. WorkCover Queensland is required to make a decision on your claim within 20 business days from the date your claim is lodged.

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 payout before your statutory claim is finalised. WorkCover Queensland (or your employer’s insurer) will issue a Notice of Assessment outlining your percentage (%) of impairment and a corresponding lump sum compensation offer. At this point, you can decide whether to proceed with a Common Law Negligence Claim for further compensation (see below). Obtaining legal advice as early as possible is vital to discuss your potential entitlement to further compensation.

Because statutory 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 lost income.

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 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.

This type of 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 lost to date, including superannuation;

• Anticipated or future lost income 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 expenses, rehabilitation costs, medication, travel costs;

• Return to work assistance;

• Equipment, aides, prostheses, wheelchairs, etc;

• Home modification (if applicable).

In some cases, WorkCover Queensland (or the employer’s 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. If self-insurers, workers will need to contact their employer’s insurance company 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 employer’s insurer pays out the claim, not the employer.

Attwood Marshall Lawyers offers a free, no-obligation initial consultation to help you find out where you stand. We can discuss your situation and answer any questions you may have before you decide what to do next.

In Queensland, all employers are legally required to hold workers’ compensation insurance to protect employees who suffer a work-related injury or illness.
If you’re injured at work in Brisbane or anywhere in Queensland, you may be eligible to make a WorkCover claim through WorkCover Queensland or another insurer.

This insurance covers compensation for medical expenses, lost wages, and rehabilitation support. It’s not paid directly by your employer, but through the insurer.

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 make a claim, it is imperative to seek legal advice as soon as possible. For a free, no-obligation consultation, call us any time on 1800 621 071.

Yes! Strict time limits apply. 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.

In Queensland, you must commence personal injury proceedings within three years from the date of injury, 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.

These claims can be complicated. It’s vital that you obtain legal advice about your 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:

1. The nature of your injuries and how long your injuries take to stabilise (often 6-12 months post-accident or post-surgery);

2. How long you remain on statutory benefits (before commencing a common law claim);

3. 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);

4. 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 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, disc bulge, disc, nerve damage, or compression fractures.

• Neck injury, including whiplash or cervical disc herniation.

• Head injury

• Brain injury

• Soft tissue injury

• Shoulder injury, including rotator cuff tears or dislocations.

• 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

• 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

• Cuts and lacerations

• Asbestos or silicosis related 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.

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.
• Car accident while driving for work purposes, which can result in a workers’ compensation claim for injuries sustained in a road collision.
• 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 throughout 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 or illness.

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.

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.

Attwood Marshall Lawyers has acted for injured workers against insurance companies in Brisbane for 80 years.

Our team 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. We act on a No Win, No Fee basis.