Personal injury experts guide you through the claim process
To pursue your work injury claim and to ensure it is protected, you must comply with the procedural provisions as stipulated in the Workers' Compensation and Rehabilitation Act 2003. The Personal Injury Lawyers specialise in work injury claims and have been helping injured workers for over 30 years. We can guide you through the legal processes involved in order for you to protect and pursue any compensation entitlements you may have under such legislation and at Common Law.
Workers' compensation versus Common Law Claim for Damages
There are two very different types of claims that can be made when a worker suffers injury in the course of their work in Queensland. The first is a claim for statutory benefits (or workers' compensation benefits), more commonly known as a workers' compensation claim or WorkCover claim. The second type of claim is called a Common Law Claim for Damages.
Anyone injured at work or travelling to or from work, or in a work break, is entitled to bring a workers' compensation claim for statutory benefits. Statutory benefits include the funding of medical and rehabilitation expenses and reimbursement of lost wages if you cannot work due to your injury. A workers' compensation claim continues until there is no more treatment that can be provided to the worker to improve his or her injury. Once this occurs, the claim ceases, whether or not there is still ongoing impairment due to the work injury.
When your workers' compensation claim ends
If at the end of your workers' compensation claim your work injury has resulted in permanent impairment, you can seek to have your injury assessed for Degree of Permanent Impairment ("DPI"). If the DPI comes in at over 0%, you may be entitled to a lump sum payment of compensation. However, if you take such lump sum compensation when your injury DPI is assessed at less than 20%, you cannot then pursue a Common Law claim.
Common Law Claim for Damages - what are you entitled to?
A Common Law claim is only available to an injured worker if their work injury has been caused by the negligent act or omission of the employer or a co-worker. In a Common Law claim, damages can be sought for loss of past and future income, loss of associated superannuation benefits, pain and suffering and loss of amenities of life, past and future medical expenses, and in some cases, care and assistance (both past and future).
To learn more about the steps that are involved in pursuing a workers' compensation claim or a Common Law claim for Damages, look to the following articles which will assist you:
- What is the difference between a workers' compensation claim and a Common Law claim for damages;
- Does a 6% threshold apply to my work injury Common Law damages claim?
- When is an employer considered negligent in a Common Law claim for compensation & damages?
- Can I claim workers' comp if I am an independent contractor?
- How will my Common Law Claim run and how long will it take?
- What is a Common Law Clasim for Damages?
- Will my employer have to pay for my common law claim?
- What if i was injured when travelling to or from work, or during a work break?
- How much compensation will I receive for my work injury?
- What compensation or Common Law damages am I entitled to claim for?
- I have received a Notice of Assessment and a lump sum offer - what does this mean?
- When does my workers compensation claim end and what happens then ?
- My workers compensation claim has finished but I cannot work - what do I do?
- Do time limits apply to bringing a Common Law claim or a workers' compensation claim?
- What steps should I take if I am injured at work, in a car accident or due to the negligence of another?
Obtain expert legal advice or you may lose your right to claim
It is therefore very important that you seek the advices of The Personal Injury Lawyers when your workers' compensation claim is coming to its end, to ensure that you do not compromise your potential to pursue a Common Law claim for damages in relation to your work injury, and miss out on significant compensation.