Workers Compensation Lawyer

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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”).

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.

In Queensland, injured employees can file a workplace injury claim under the workers’ compensation scheme for various work-related injuries, including:

1. Physical Injuries: Accidents, manual handling, fractures, cuts.
2. Chronic Conditions: Repetitive strain, back and neck issues.
3. Mental Health: Psychological injuries like stress disorders and PTSD.
4. Occupational Diseases: Asbestos-related illnesses, respiratory issues.
5. 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.

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.