Workers’ Compensation – Brisbane Work Injury Lawyers

No Win, No Fee Brisbane Lawyers

If you have been injured at work, in a work accident, or suffered a work-related condition or illness, Attwood Marshall Lawyers has expert workers compensation lawyers to help you make your claim. Claiming workers’ compensation should be simple and straightforward. We can take care of your claim so you can focus on your recovery.

You may be able to access wages, medical treatment, rehabilitation, compensation and common law damages.

Our Brisbane lawyers work on a No Win, No Fee basis, which means that you only pay our fees if you receive a settlement or compensation. If your claim is unsuccessful, we waive your fees and you do not pay any costs.

We offer a free, no-obligation consultation by telephone, or at our Brisbane City office.

*Time limits apply – contact us today

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Workers Compensation Claims – Frequently Asked Questions (FAQs)

How do I make a claim for workers’ compensation?

  • 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.

How much will it cost to make a workers’ compensation claim?

Our Brisbane personal injury lawyers 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.

How does a Workers’ Compensation claim work?

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.

Am I eligible to make a Workers’ Compensation claim?

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.

What types of compensation am I entitled to claim?

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 super;
  • Anticipated or future income loss over the rest of your career, plus super;
  • 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.

How long do I have to make a claim for Worker’s Compensation?

Your Application for compensation 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 6 months of the work incident (or first symptoms), although that can sometimes be extended depending on the circumstances.

There is a three-year time limitation from the date of injury in which to either commence the claim in court, or to lodge a Notice of Claim for Damages.

If that has not occurred within 3 years, 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 the 3 years from date of injury, you can still lodge your Notice of Claim for Damages within 6 months of receiving the Notice of Assessment – failing which the claim would then be statute-barred.

Each individual case is different and strict time limits apply.

Workers’ compensation claims can be complicated. It is imperative that you obtain legal advice about your workers’ compensation claim at the earliest opportunity.

Our friendly Brisbane lawyers offer a free, no-obligation initial consultation. We can discuss your situation and provide you with any information that you need before you decide what to do next. Call us on 1800 621 071.

How long will my Workers’ Compensation claim take?

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);
  1. How long you remain on statutory benefits (before commencing your common law claim);
  1. The number of defendants to the common law claim and their attitude towards settlement or proceeding to court (workers’ compensation claims usually settle before proceeding to court);
  1. The legal steps required to progress your claim to 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 9 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 resolve at this compulsory conference stage.

If the claim does not resolve at the conference, a further settlement conference (called a mediation) is usually held 6-12 months later. Claims rarely proceed to trial.

Most common law claims resolve 6-18 months after the Notice of Claim is served. The sooner you start your claim, the sooner you will receive a settlement.

What types of work injuries or conditions can be claimed?

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
  • Back injury
  • Neck injury
  • Disc bulge, disc herniation, disc fracture or disc protrusion
  • Head injury
  • Brain injury
  • Soft tissue injury
  • Shoulder injury
  • Knee injury
  • Arm and wrist injuries
  • Hand or finger injuries
  • Leg injuries
  • Foot or toe injuries
  • Hip or pelvis injury
  • Eye injury
  • Psychological injury
  • Repetitive strain injury
  • Burn injury
  • Scarring injury
  • Cuts and lacerations
  • Asbestos or silicosis injury
  • Death

. What type of work accidents commonly occur?

Workers’ compensation accidents can occur in any industry or occupation at any time. The types of accidents that cause workers to sustain injuries and make compensation claims are extremely varied.

Common types of work accidents include:

  • Mining accidents
  • Construction accidents
  • Forklift accidents
  • Equipment and machinery accidents
  • Farm accidents
  • Industrial accidents
  • Hospitality accidents
  • Manual labour accidents
  • Process or production accidents
  • Factory accidents
  • Manufacturing and retail accidents
  • Trade and construction accidents
  • Driving accidents
  • Scaffolding accidents
  • Slips, trips and falls
  • Electrical accidents
  • Being hit by falling objects
  • Bullying, intimidation, harassment, discrimination
  • Repetitive strain or use
  • Over period-of-time (OPT) injuries
  • Lifting or carrying accidents
  • Exposure to trauma
  • Mechanical accidents
  • Falling from height accidents
  • Faulty equipment accidents

What happens with my employer?

If you have been injured at work, it is your employer’s workers’ compensation insurer (usually WorkCover Queensland) that 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. If they do, you may be entitled to make a claim for unfair dismissal or discrimination in addition to your workers’ compensation claim.

Remember, the reason your employer pays workers’ compensation premiums is to ensure that workers like you have access to the compensation you need when you are injured.

If you are concerned about potential unfair dismissal, we have expert Gold Coast employment law experts who can assist you.

Why should I choose Attwood Marshall Lawyers?

Attwood Marshall Lawyers have acted for injured workers against workers’ compensation insurance companies in Brisbane for 75 years.

Our lawyers are trained to listen and connect with you to ensure that we understand your story and what is important to you.

The Personal Injury Team are highly experienced, skilled and are industry-leaders in compensation law. We act on a No Win, No Fee basis.

We know that making a claim for compensation can be a daunting process. We 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.

No Win, No Fee Brisbane Compensation Lawyers

Attwood Marshall Lawyers act on a No Win, No Fee basis on almost all workers’ compensation claims, 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 to find out where you stand. You can visit our team at any of our conveniently located offices or discuss your matter over the phone or via Zoom.

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