Workers Compensation Lawyer
AMK’s Workers Compensation Lawyers offer legal guidance, claims assistance and representation for workplace compensation claims across Queensland.
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Have you been hurt at work and need help to pursue a claim?
We can help. Get in touch with our team today of personal injury lawyers to discuss your Workers Compensation claim on a no-win, no-fee basis. Our team can work with individuals across Brisbane, the Gold Coast, Ipswich, and Toowoomba.
Navigating a compensation claim after a workplace injury can be challenging without the right support.
If you’ve sustained an injury at work, the idea of filing a claim can be daunting. Our team is here to provide early advice, assess your claim, and offer support every step of the way.
With our no-win, no-fee structure, you won’t face the burden of upfront costs. We’ll manage every detail of your claim, ensuring your rights are protected to access the compensation you are eligible for.
Discover How Much Your Compensation Claim Could Be Worth
Use our free compensation calculator to get an instant estimate of your claim’s value.
Workplace injury support - comprehensive guidance with a 'no win, no fee' assurance
At AMK Lawyers, we guide you through the claims process with empathy, ensuring you’re fully informed of your rights. From the initial assessment to finalising your claim, we provide transparent advice and keep you updated on your matter’s progress.
We’re committed to handling every aspect of your compensation claim. From gathering medical records to negotiating with insurers, we’ll ensure your case is managed thoroughly at every stage.
Our Workers Compensation Services
Have you experienced any of the following?
WorkCover Claims
Guidance through the WorkCover claims process to secure your entitled benefits after a workplace injury.
Workplace Injuries & Accidents
Specialised legal assistance in handling workplace injury claims, helping you to access eligible compensation and ongoing support.
Workplace Illness
Support in pursuing compensation for workplace-related illnesses, helping you to obtain the benefits you are entitled to.
Asbestos, Silica & Lung Diseases
Legal support and representation for claims involving asbestos, silica, and other lung diseases resulting from workplace exposure.
TPD (Total & Permanent Disability Insurance)
We offer support with TPD claims to help you access the insurance benefits available to you for total and permanent disability.
Income Protection Claims
Assistance with income protection claims, helping you to access financial support during your recovery period.
Superannuation & Disability Claims
Legal guidance for superannuation and disability claims to help you access entitlements that may assist during recovery.
Full-Time, Part-Time & Casual Workers
Support for all workers, assisting with accessing fair compensation for workplace injuries and illnesses.
Volunteer & Work Experience Placements
Help for volunteers and work experience participants to claim compensation for injuries sustained during their service.
Contractor or Sub Contractors
Legal advice for contractors and subcontractors, ensuring eligible claims are handled fairly and effectively.
All Industries
Comprehensive legal services for workplace injury and illness claims across all industries.
Let AMK Lawyers help you secure the compensation you are entitled to under Queensland law
Understanding the challenges of pursuing a claim while recovering from an injury, our team is here to simplify the process, minimise your stress, and help you obtain the compensation you’re eligible for.
We will ensure you are aware of your rights, aiming for an outcome that supports the next chapter of your life. We’ll negotiate with insurers, assisting with all aspects of your claim while ensuring you are kept up to date on the progress of your claims progress.
Get Started With Your
Free Workers Compensation Claim Assessment.
We can help. Contact our team today to discuss how we can help you on a no-win, no-fee basis.
Step 1.
Free Initial Discussion
Contact us anytime, day or night, by phone or through our online form to arrange your free claim evaluation.
Step 2.
Detailed Claim Evaluation
We’ll conduct a comprehensive review of your claim and collect all essential details.
Step 3.
No Win, No Fee
Work with AMK Lawyers without any upfront costs – we can start helping with your case right away.
Frequently Asked Questions
What should I do if I am injured at work?
If you’re injured at work:
- Seek Medical Attention: Use your GP or emergency care at a private hospital. Your employer’s insurance company will cover treatment costs.
- File a Workers’ Compensation Claim: Submit a WorkCover claim form online or via paper with a medical certificate.
- Retain Evidence: Secure photos, witness details, and any other relevant documentation.
- Understand Your Rights: Time limits apply. Consult workers’ compensation lawyers for legal advice on your claim and potential compensation entitlements.
Does the workers compensation insurer pay for WorkCover claims?
Yes, the workers’ compensation insurer, often WorkCover Queensland, pays for WorkCover claims. They cover expenses such as medical costs, lost wages, and rehabilitation services related to work-related injuries or illnesses.
Can I make an Income Protection or TPD claim instead of a Worker's Compensation claim in Queensland?
In Queensland, you can make insurance claims such as Income Protection or Total and Permanent Disability (TPD) in addition to or instead of a Workers Compensation claim, depending on your circumstances. Income Protection covers loss of income due to illness or injury, while TPD provides a lump sum if you are permanently unable to work. Each has specific eligibility requirements and may complement workers compensation benefits.
I work under an ABN. Am I entitled to worker's compensation?
Workers’ compensation benefits cover any injured employee for work injuries, even though they might be employed on an ABN, whether permanent or casual, full-time or part-time.
Workers under an ABN may be eligible if they are viewed as an employees, based on such things as:
- The extent to which the employer controls the work performed, including when, where and how the work is performed.
- Whether the worker is paid by the hour, or perhaps piece rates or whether the worker is paid to achieve a particular result and has responsibility for fixing the work (without additional reward) if it is defective.
- Whether the worker performs work only for the one company.
- The extent to which the worker is integrated into the business and held out to be an employee is also a factor.
Where the worker provides substantial equipment or is paid to produce a certain object or outcome, they are more likely to be regarded as not being an employee. Company directors and “shadow directors” are not covered. Trawler hands who receive their income as a share of the catch are not covered.
Am I entitled to make a workers' compensation claim?
If you’ve had an accident while working or if your health and wellbeing have been affected in the workplace, you may be eligible to make a claim for workers’ compensation.
This applies to workers who have sustained injuries at or as a result of their job and includes any pre-existing injuries, illnesses or diseases that are worsened by the workplace. You do not need to show that the employer was negligent for that purpose, but you need to show that your work contributed to your injury.
How long does the process take?
The legal process involved with resolving a claim can take 12-18 months, sometimes up to 3 years, depending on your injuries and the required Medico-Legal reports, which can only be obtained once your injuries are stable.
Minor, undisputed claims are faster to resolve, while severe or disputed cases take longer. Compensation payouts cannot be accessed until the process is finalised.
Key factors affecting claim length include:
- Injury severity
- Recovery time
- Insurer’s attitude towards settlement
- Time needed to gather evidence
At AMK Lawyers, we’ll discuss your claim’s expected timeframe during our initial consultation.
How long does workers' compensation cover my expenses in Queensland?
Workers’ compensation payments in Queensland do not continue indefinitely. The aim is to provide you with assistance after a work-related injury as you endeavour to return to work. However, once reasonable rehabilitation efforts have been undertaken and your condition is stable, the workers’ compensation insurer can end the claim.
Do I have to go to Court for a work injury claim?
Most clients worry about going to Court, but 99% of cases are resolved without it. Most matters are settled at a compulsory conference or mediation, even if a claim is filed in Court. Filing in Court doesn’t mean a Judge will be involved; there are many chances to resolve the case before that.
My injury wasn’t a one-off incident. Does that affect the limitation period?
Work injuries sustained can develop over time, such as repetitive strain injuries or exposure to harmful conditions. This affects the limitation period, which may gradually exclude parts of your claim. For example, if your injury develops over several years, damages may be reduced for earlier periods.
However, you can seek a court extension if new, crucial information (a “material fact”) emerges within 12 months. This extension isn’t guaranteed and requires prompt action, like filing a claim or serving a notice within that period. Relying on this extension is risky, so preserving the normal limitation period is advisable.
If your doctor advises scans and you delay for months, it may weaken your case. However, if your doctor didn’t recommend a scan and a later diagnosis reveals a serious injury, the new information might still qualify for an extension. It’s essential to act quickly and understand that the new information could relate to the severity of your injury, the link between your work and the injury, or evidence of employer negligence.
I can’t work due to my injuries, and my employer is pressuring me to resign. What should I do?
If you’re unable to work due to injuries and your employer pressures you to resign, don’t rush to agree. Under the Workers’ Compensation and Rehabilitation Act 2003 (WCRA), you’re protected from dismissal for 12 months. Resigning can harm your workers’ compensation benefits and affect any future claims. If your employer has no suitable duties, WorkCover can arrange a host employer.
Additionally, be aware that leave entitlements continue to accrue while on workers’ compensation, but superannuation contributions may stop, potentially affecting your insurance policies. Contact your super fund if you wish to maintain those policies.
What is whole-person impairment?
Whole-person impairment (WPI) measures the overall impact of a permanent injury on daily functioning, expressed as a percentage. It is used to calculate Impairment Benefits and assess eligibility for lump sum compensation, in cases such as total and/or permanent disability.
This helps determine the maximum compensation you may receive under a workers compensation scheme. Our legal team can advise you further in this area if you are unsure on your entitlements.
What can workers' compensation claims in Queensland cover?
Workers’ compensation is the broader term for the insurance and legal framework designed to provide financial and medical support to employees who suffer work-related injuries or illnesses. This includes compensation for medical expenses, lost wages, rehabilitation, and other associated costs.
- Doctor’s fees, consultations, examinations, and treatment costs.
- Hospitalisation, surgeries and hospital stays.
- Medication, prescription and over-the-counter drugs.
- Rehabilitation expenses, physiotherapy, occupational therapy.
- Wage replacement and payments for lost income.
- Medical appointments and travel expenses for medical visits.
- Assistive devices such as prosthetics, wheelchairs, and ergonomic equipment.
- Home modifications to make necessary changes for a disability.
- Personal care services to provide assistance with daily activities.
- Training and education to help with retraining for a new role.
- Legal advice and coverage for legal representation.
- Permanent impairment can include compensation for disability.
- Funeral expenses
- Dependents’ compensation to provide support for dependents of someone deceased.
How much compensation does a worker's compensation claim provide?
Workers’ compensation claim compensation varies widely, typically ranging from a few thousand to several hundred thousand dollars, depending on injury severity and impact. A lump sum payment may be available for permanent impairments or significant losses, reflecting the severity of the claim.
What is a common law compensation claim for workers?
In Queensland, a common law claim allows injured workers to seek compensation beyond statutory benefits if employer negligence caused the injury, similar to personal injury claims made under common law. It covers damages like lost wages, medical costs, and pain and suffering. Provided you act within three years of your injury being sustained you can, if your injuries were due to negligence on the part of your employer, bring a claim for damages for longer-term loss (a “common law claim”).
Who pays for work injury claims and workers' compensation schemes?
WorkCover Queensland is the specific agency that operates within the workers’ compensation system in Queensland, handling the administration of claims and payments. Workers’ compensation refers to the entire system, including the insurance coverage, benefits, and legal aspects that protect employees in case of work-related injuries.
WorkCover Queensland is the default insurer for statutory and common law workers’ compensation claims. Employers must have workers’ compensation insurance, though larger employers, including major companies like Coles, Woolworths, and BHP, may apply to self-insure. Commonwealth employees are covered by Comcare.
WorkCover Queensland manages claims under the Workers’ Compensation and Rehabilitation Act 2003 (WCRA). Motor vehicle claims fall under the Motor Accident Insurance Act 1994 (MAIA) and the Civil Liability Act 2003 (CLA). Other claims, like slip and falls, are handled by the Personal Injuries Proceedings Act 2002 (PIPA) and CLA. Multiple claims may apply, especially in construction and labour-hire injuries.
What injuries and illnesses can a WorkCover claim be made for in Qld?
In Queensland, injured employees can file a workplace injury claim under the workers’ compensation scheme for various work-related injuries, including:
- Physical Injuries: Accidents, manual handling, fractures, cuts.
- Chronic Conditions: Repetitive strain, back and neck issues.
- Mental Health: Psychological injuries like stress disorders and PTSD.
- Occupational Diseases: Asbestos-related illnesses, respiratory issues.
- Other Injuries: Hearing loss, dermatitis.
Strict time limits apply, so seeking the right legal advice from work injury lawyers is helpful to ensure you understand your compensation entitlements, including lump sum payouts and weekly payments. Get in touch with our workers’ compensation team if you require assistance understanding your entitlements.
Who handles worker's compensation disputes in Queensland?
In Queensland, workers’ compensation disputes are handled by the Queensland Industrial Relations Commission (QIRC) and the Workers’ Compensation Regulator. WorkCover Queensland also manages and resolves disputes between insurers and claimants. Get in touch with our Workers Compensation lawyers if you have further questions, or would like a free claim check.