Workers Compensation Lawyers Gold Coast

Workers’ compensation claims, also known as WorkCover claims, can cover a wide range of benefits including medical costs, lost income, rehabilitation costs, and potentially a lump sum payment for permanent impairment and ongoing medical needs.

The goal is to secure fair compensation for injured workers, ensuring all damages and losses are addressed.

Depending on your circumstances, workers’ compensation may also include:

• Permanent impairment lump sum payments
• Common law compensation if negligence is involved

Strict time limits apply for lodging a WorkCover claim, generally requiring submission within 6 months of the injury or diagnosis, so it’s important to seek legal advice as early as possible.

Seek medical attention and ensure you receive prompt medical care after your injury. This is crucial for your well-being and to gather medical evidence for your claim.

• Report your injury to your employer immediately.
• See your GP and complete a Work Capacity Certificate (WCC), sometimes referred to as a WorkCover medical certificate, and ask your doctor for a treatment plan to include in your claim documentation.
• Collect all relevant medical reports and other evidence to support your claim.
• Jump on to the WorkCover Queensland website and submit an online claim, or alternatively phone WorkCover on 1300 362 128 to talk to their team and start your claim over the phone.
• After lodging your claim, keep all medical records, receipts, and incident reports for your records.
• Contact Attwood Marshall Lawyers to obtain legal advice as soon as possible.

WorkCover will then review your claim and generally will contact you within a few business days to discuss any further information necessary.

WorkCover aims to make a decision on all claims within 20 business days or less, after receiving all required information.

If you claim is accepted, you will then start receiving the different types of payments or support available, depending on your unique circumstances.

If your claim isn’t accepted by WorkCover, there are avenues to have the decision reviewed. Our team can assist you with this.

Our lawyers on the Gold Coast operate on a No Win No Fee basis for eligible common law claims.

No Win, No Fee arrangements are an important part of the legal system that helps people access justice when they need it most.

Under these arrangements, you only pay our legal fees and disbursements if your case is successful. Attwood Marshall Lawyers will cover all your legal costs and pay your disbursements upfront, on your behalf, until your matter is resolved.

Your legal fees are clearly set out in a written costs agreement, including any potential disbursements. We are upfront and transparent from the outset, with no hidden costs or surprises, and we will explain upfront how fees are charged and paid from your settlement once your matter is resolved.

No Win, No Fee arrangements mean clients do not pay legal fees unless their case is successful and they win their claim, making our legal services accessible to everyone regardless of their financial circumstances.

There are two types of workers’ compensation (WorkCover) claims in Queensland available to injured workers:

Statutory benefit (no-fault) claims

A statutory benefit claim is available to workers who are injured at work, regardless of who was at fault. These claims are made through WorkCover Queensland (or if your employer is self-insured then their insurer), and provide early financial and medical support while you recover from your injury.

Statutory benefits can include weekly income payments, medical and treatment expenses, and rehabilitation support while you are unable to work. The claims process begins as soon as your injury is reported and once your WorkCover claim is lodged, a decision will usually be made within 20 business days.

When your injury stabilises, you may be referred for an independent medical assessment to determine whether you have suffered a permanent impairment, which can result in a lump sum offer.

Statutory benefits are temporary and are designed to support you during your recovery. They do not compensate for long-term losses such as future income loss or pain and suffering.

Common law claims (fault-based claim)

If your injury was caused as a result of your employer or a co-worker being negligent, unsafe systems of work, poor training, or faulty equipment, you may be entitled to pursue a common law claim in addition to your statutory benefits.

Unlike statutory benefits, a common law claim requires you to prove that your employer breached their duty of care.

If you are eligible, a common law claim may allow you to recover compensation in a single lump sum for losses that are not covered by statutory benefits, including:

• Pain and suffering
• Past and future loss of income, including superannuation
• Medical and rehabilitation expenses
• Paid care and support services
• Equipment and home modifications where required

Early legal advice is critical to understanding which pathway is right for you and ensuring you are aware of your legal rights throughout the claims process.

Our experienced workers’ compensation lawyers provide a free, no-obligation case review during which a lawyer can assess your eligibility, explain the likely success of your claim, and provide an estimated compensation range.

For a confidential discussion, call us on 1800 621 071.

You may be eligible to make a claim if your work duties were a significant contributing factor to your work related injury, including if a work-related accident has worsened a pre-existing condition.

In certain circumstances, you may also be eligible to make a WorkCover claim (known as a journey claim) if your injury was sustained when travelling to or from work.

Claims may apply to:

• Full-time, part-time, and casual workers
• Contractors and subcontractors (depending on the work arrangement)
• Apprentices, trainees, and work experience students

Workers’ compensation claims cover a wide range of injuries that happen as a direct result of carrying out work duties, including physical or psychological injuries.

The types of injuries that qualify for workers’ compensation claims include:

• physical injuries like head injuries, back injuries, fractures, burns and lacerations.
• psychological injuries including stress-related conditions like depression, anxiety, and PTSD or trauma, and
• diseases related to work.

In Queensland, some psychological injury claims are excluded (if proven to be a result of reasonable management action).

If you have suffered serious injuries, it is important to seek legal advice, as these cases often require specialised support to ensure you receive the compensation and recovery assistance you need.

It is important to note that your employer does not pay your compensation directly. Claims are handled by WorkCover Queensland, or the relevant insurer.

It is compulsory for employers to have workers compensation insurance to protect their workers in case of injury or a work-related illnesses.

Timeframes vary depending on the nature of the injury and the type of claim being made.

In Queensland, many common law claims resolve within 6 to 18 months after a Notice of Claim for Damages is served. However, more complex claims – including those involving disputed liability or serious injuries – may take longer to resolve.

Strict time limits apply for lodging workers’ compensation claims in Queensland, and each case is different.

Legal representation is important in these situations, as workers compensation lawyers Gold Coast can help maximise compensation for injured workers, including medical expenses and lost wages.

If your claim is denied, you have the right to appeal the decision through formal processes.

Your employer is required by law to hold workers’ compensation insurance. Claims are paid by insurers, not your employer personally.

Employers in Queensland are legally required to report work-related injuries to their workers’ compensation insurer (typically WorkCover Queensland) if the injury may be compensable. 

If you experience unfair treatment or unfair dismissal after suffering a work-related injury or making a WorkCover claim, you may have additional legal options. Our team can provide advice on these types of matters as well.