Will my employer put me off if I make a claim?
In accordance with provisions in the Workers' Compensation & Rehabilitation Act 2003, an employer cannot put an injured worker off because of his injury, whilst he is on workers' compensation benefits, for a period of 12 months.
You can claim for the loss resulting from being laid off due to your accident injury
If, after this time, or when you come off workers' compensation, you are unable to return to your normal work duties due to your injury then an employer can terminate your employment on the grounds that you can no longer perform the work you were hired to perform.
the more your injuries interfere with your Work, the larger your injury claim will be
IN the example we are using, you will be able to claim for the loss of income you sustain in being put off from your work due to your injuries, as well as any loss sustained in trying to locate new and alternate employment or in not being able to do so, because of your accident injuries.
Many injured workers are fearful of bringing personal injury claims
Especially when they suffer an injury in an accident or at work because they think the claim will be a mark against them in their employment or any future employment they apply for.
If you suffer injuries that affect your capacity to undertake your work, then you are likely to suffer a loss of earning capacity and employability as a result.
You are also likely to find your injuries will deteriorate further over time
This impacts more and more on your work capacity and the type of work duties you can perform, further limiting your employability.
And at the same time, those superior, more advanced and better paying roles you were hoping to achieve as you gained more experience in your occupation, slip out of sight as you become less and less able to fulfil your work duties or to do so efficiently.
What happens when you just can't do work duties Any Longer?
What happens if your employer sees you as a liability and lays you off?
You are out of work years earlier than you had ever anticipated, marked as an injured worker, without any income and with limited prospects of finding alternate work more suited to your injuries.
The loss of income you sustain because of your injuries Will Have become greater over time.
You now may have also lost any opportunity to obtain compensation because your limitation date for bringing your claim has passed by long ago.
You are at serious risk of losing significant & needed compensation if you don't bring a claim
Unfortunately, the above scenario is not a Grimm's fairy tale, it is something we see at The Personal Injury Lawyers all too often.
People who have suffered accident injuries, but have decided not to pursue a claim because they think their foremost concern is to try to maintain their employment at all costs.
It can be devastating to your future if you don't bring a compensation claim
Later on, when they are out of work and cannot find alternate work because of their injuries or just cannot work due to same, they contact us looking to bring a claim.
We have to tell them the devastating news that they have no entitlement to bring a claim for their lost income and earning capacity.
Simply because they are too late, and are outside the time limits for bringing their claim.
Tragically, often these enquiries come from the main breadwinners in families
Typicaly those who have lost the means of supporting their young or growing family and who end up having to rely on Centrelink payments to get by.
We at The Personal Injury Lawyers cannot impress upon anyone injured in an accident, whether at work, or in a car or road accident or otherwise, enough, you need to protect yourself and your family and bring a claim.
bring a claim for your accident injuries & receive compensation
Not just past loss of income from your injuries but you will also receive an award of damages to cover potential future loss of income due to your injuries and how your injuries may impact upon your employment in the future.
This includes loss of opportunity to advance and earn increased income in the future, as well as the potential for your injuries to worsen and interfere more with your capacity for work over time.
This will give you something to fall back on in the future should you need to cut back on your work hours or stop work altogether because of your accident injuries.
Chat with a Lawyer today as strict time limits apply
Remember, strict time limits apply to claims for most injury compensation in Queensland, find out more for free by contacting us with details of your claim.
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If you have been injured as a result of any vehicle such as car, bike or boat accident, or whilst at work, on holiday, or in many other situations you believe was caused by someone else's wrongful act or negligence, you may be entitled to compensation.
Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing.
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There is no cost, and no obligation.