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What does a Work Cover claim involve?

In Queensland, anyone who sustain an injury while performing their employment can file both a statutory claim and a common law claim for compensation.What distinguishes these various statements, then? In this article, we’ll discuss the differences between statutory and common law claims for workplace accidents.

The initial stage of Statutory workers’ compensation claim

The Workers’ Compensation and Rehabilitation Act 2003 established the Queensland workers’ compensation programme.The programme guarantees insurance for all Queensland workers is established by this legislation. The programme is “no-fault,” which means that it is not necessary to prove that an employer or a coworker was negligent in order for the injured employee to be eligible for payments. However, the employee must show that the harm was caused by or occurred in the course of their employment and that this employment played a sizable role in the injury.The statutory programme allows for the payment of benefits to an injured worker, including compensation for lost wages due to the injury, charges for medical care and rehabilitation, transportation costs, and other costs associated with the injury. The dependents of a worker killed in a work accident may also get payment for death benefits and burial costs.A subsequent medical evaluation to determine if a person has experienced a level of permanent disability may lead to the provision of a lump sum settlement from WorkCover once the injury stabilises and neither improves nor worsens. If an aggrieved party accepts the offer of the lump sum sum at this time, they forfeit their opportunity to bring a common law claim. Likewise, statutory benefits will stop if the wounded worker decides to file a common law lawsuit accusing the employer of carelessness.Once the injury is “fixed and stable,” workers’ compensation benefits will stop if there is no lasting impairment.

What are common law claims for damages?

A work injury damages claim is another name for a common lawsuit. Before WorkCover will take into account a work injury damages claim, an injured worker must first submit a statutory claim for workers’ compensation (as described above) and have it accepted by WorkCover.A common law claim requires the injured party to demonstrate that carelessness on the part of the employer or a coworker caused the damage, but the statutory scheme does not require anybody to be at blame for the injury.Therefore, this kind of claim requires a higher standard of proof to establish that, for instance, dangerous working conditions or defective equipment was to blame for the damage. However, if carelessness can be demonstrated, a successful damages claim may potentially result in a substantially higher reward than a lump amount from workers’ compensation.

What areas of damages can I claim in a common law claim :

  • General damages (also known as pain and suffering);
  • Economic loss of past and future income;
  • Past and future loss of superannuation entitlements
  • Out-of-pocket treatment expenses which have not been paid by WorkCover;
  • Future treatment costs for your injuries.

A common law claim starts with the submission of a notice of claim to WorkCover, who will then launch its own investigation into the accident by getting in touch with the injured party’s employer, any prior employers, and treating medical professionals.Following that, WorkCover will state whether it takes responsibility for the injury or not. Once mediation is agreed, efforts are often made to reach a mutually agreeable solution. Even though settlements are the norm, the claim may still need to go to court if an agreement cannot be reached.

Do I have to make a claim in a certain time period?

The deadline by which an injured party must file a claim is another significant distinction between statutory and common law workers’ compensation claims.The statutory workers’ compensation plan requires that claims be submitted within 20 business days of the incident or, at the latest, six months after the accident.Contrarily, a common law claim must be filed within three years after the injury’s occurrence.

The need for good legal advice

A compensation claim is complicated and time-consuming to make, whether it is a statutory claim for benefits, or a common law claim for damages. It might be difficult to decide whether to accept a lump sum payment under the statutory workers’ compensation plan or pursue a common law claim based on demonstrating the fault of an employer or coworker. This is why compensation law experts are necessary.These claims are the area of expertise for AMK Lawyers. We fight tenaciously for our clients’ rights while dealing with WorkCover and insurance providers to ensure that someone hurt at work receives just compensation for their suffering and inconvenience.