If you are injured at work, you are entitled to Worker’s Compensation under Queensland’s Workers Compensation and Rehabilitation Act 2003. In Queensland, it is compulsory for employers to hold Queensland workers compensation insurance for their employees. Irrespective of fault you may still be entitled to make a claim for compensation if you sustained a work related injury.
Why it is recommended you seek Free Legal Advice
If you were injured at work and you are able to prove your injury was caused by either your employer’ or another person/company’s negligence, you may be entitled to a Common Law Claim. This is why it is recommended you seek specialist legal advice before you sign any offer of a lump sum payment from WorkCover. Signing may end your rights to other entitlements.
If you have received worker’s compensation benefits you may be able to make a common law claim after your injury has been assessed by WorkCover Qld for work-related impairment. Once you receive your Notice of Assessment which states your level of impairment and includes a lump sump offer, of compensation you have twenty (20) business days to respond. It is recommended by the government that you DO NOT sign the Notice of Assessment without seeking legal advice first. The document offers you a choice between:-
A. Accepting the offer made for percentage work related impairment (that reviews past losses and does not include allowance for future losses such as wage loss to retirement age); OR;
B. Pursuing a common law ‘damages’ claim that will take into account future economic loss i.e. future loss of earnings and future expenses and it includes and award for pain and suffering
If you sign the Notice of Assessment that WorkCover send you, you will be prevented from pursuing a ‘common law’ damages claim.
When Can I Claim?
Time limits can apply with Queensland worker’s compensation matters. If you were a victim of a work related injury you generally have 6 months once you seek medical assistance to lodge your claim with you worker’s compensation insurer. In some circumstances, it may be possible for time extensions, if you have been injured and you haven’t lodged your claim within this time period.
How do I Claim?
You must advise your employer and lodge your workers compensation claim with your Workers Compensation insurer. You must also seek medical assistance and obtain medical evidence to show that your injury is work related.
Once liability has been accepted by the insurer, you may be entitled to –
reasonable medical expenses
loss of earnings
reasonable hospital expenses
reasonable traveling expenses
reasonable rehabilitation expenses
lump sum payment for permanent impairment
Lump Sum Compensation
If you have sustained a permanent injury you could be entitled to lump sum a QLD compensation claim payout, irrespective of fault or responsibility.
If the injury was sustained as a result of negligence of your employer or another party you may be able to pursue a common law claim, as outlined above. Negligence must be clearly proven.
A ‘common law’ damages claim cannot be pursued after you have received a lump sum payment for a permanent impairment and therefore the Notice of Assessment MUST NOT be signed without seeking legal advice first.
Nothing in this website should be construed as legal advice and is simply general introductory information. Please contact Claim Lawyers for advice specific to your circumstances.