Workplace Compensation & Work Injury Claims
If you have been injured as a result of workplace accident or an event at work you will most likely be entitled to workers compensation. If you have been injured as result of the negligence of another or an unsafe work system, you may also be entitled to a damages claim.
Can I receive compensation for my workplace injury?
You will most likely be able to obtain compensation for your injuries if you were injured at work, in the workplace or while undertaking employment duties and your employment duties significantly contributed to the injury occurring.
It does not matter whether you:-
- were employed on either a full-time, part-time basis or casual basis;
- were on an intermission or work break;
- working overseas or interstate.
If you sustained a personal injury while travelling to or from work, you may also be entitled to receive workers compensation benefits.
What if I was working as subcontractor when I was injured?
Although you may consider yourself to be an independent contractor at the time of sustaining your personal injury, it may in fact be the case that that you were actually classified as an employee and hence entitled to workers compensation benefits. It is essential that you seek advice from an experienced personal injury lawyer so that a distinction in this regard can be made.
Please note that even if you relationship is classified as that of a subcontractor, you still may have the ability to bring a damages claim under the Personal Injuries Proceedings Act 2002. There are special rules and time frames that apply to these claims and hence why it is essential that you seek advice from a senior expert lawyer in personal injury claims.
Who is my workers compensation claim against?
Many injured workers are concerned that when they make a workers compensation claim they will be suing their employer directly and the employer will have to meet the claim. However, it is usually the case that employers in Queensland have insurance (usually through WorkCover Queensland) to compensate an injured worker.
Some employers in Queensland arrange their own insurance or self-insurance for workers compensation claims. Hence, it will not be the case that the employer is paying compensation or damages directly.
What compensation am I entitled to for my work injury?
As part of the compensation claim the workers compensation insurer (which is usually WorkCover Queensland) will cover the costs of medical attendances, rehabilitation and lost income.
They will continue to pay these amounts until you have reached a level of maximum medical improvement.
Do I have a common law damages claim?
If you have sustained personal injury at work and your work injury was due to an unsafe system of work or negligence of your employer or a co co-worker, you may also have the ability to bring a common law damages claim.
This damages claim can only be commenced after your injuries have been assessed for a level of permanent impairment and a Notice of Assessment is provided.
It is imperative that you speak to a senior injury lawyer before making a decision as to whether to accept the lump sum offer. In most situations, acceptance of the lump sum offer can preclude you from bringing the common law damages claim.
What damages am I entitled to as part of my common law claim?
As part of the common law damages claim, you can claim for:-
- Pain and suffering (loss of enjoyment of life);
- Past and future loss of income and superannuation;
- Paid services for domestic tasks i.e. cleaning, gardening, ironing, car detailing, pool cleaning etc;
- Past & future medical treatment expenses;
- Past & future amounts for aids and equipment.
How much is my workers compensation damages claim worth?
Please note that the value of each individuals claim will vary considerably. The reason being is that the losses sustained by each individual will be different and based on factors including employment, age, what type of injury and extent of disability. We recommend that you speak to one of our senior injury lawyers to ensure that your personal injury claim is maximised.
How much time do I have to bring my damages claim?
A damages claim typically needs to be brought within 3 years from the date of the workplace incident. This is however a very complicated area of law where it is essential that you seek expert advice from a personal injury lawyer.
What if my workers compensation claim has been rejected by WorkCover?
We are often successful in overturning decisions made by WorkCover Queensland which we see to be unjust and unfair.
Strict time frames apply in doing so and as such we recommend that you seek urgent advice from a senior personal injury lawyer.
How much will I have to pay?
We operate on a Non Win, No Fee Basis Guarantee. This means that if you do not get a damages payout, than we do not charge fees or outlays.
Is Personal Injury Compensation taxable in Australia?
You will not be required to pay income tax on a workers compensation settlement payout.