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.
Can I claim for the loss resulting from being laid off due to my 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.
We’ve answered many of your questions further below about bringing a compensation claim against your employer in Brisbane, the Gold Coast and Queensland.
Frequently Asked Questions About Employers And Your Injury
Will the more my injuries interfere with my work, the larger my injury claim will be?
Essentially yes. 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.
I don't want to bringing a personal injury claim against my employer, what can I do?
Many employees, especially when they suffer an injury in an accident or at work 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. Talk to us and we can explain how we can help and try to protect the relationship between you and your employer.
What do I do if I find my injuries deteriorate further over time?
Injury 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. As always it's best to discuss this and your injury with us as we have many years experience in these very situations and can advise how we'll help ensure you get the compensation to cover this.
What happens when I just can't do work duties any longer and my employer thinks I'm a liability and lays me off?
It's a common situation with an injury and you may end up 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 also 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.
As personal injury lawyers with deep experience we help get the maximum compensation for you as part of our process on your compensation claim. Talk to us for more or use out Compensation Claim Checker™ and quickly see if you may be able to make a compensation claim, in just 30 seconds or less.
Am I 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. Being stoic and doing nothing is not a strategy, again, talk with our experienced lawyers at no cost and understand your options.
Tragically, often these enquiries come from the main breadwinners in families
Typically 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.
Can I receive future potential loss if I make a compensation claim as well as past losses?
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.
✔ There is only a small window in which you can make compensation claims in Queensland
✔ Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing
✔ Just press the button below, there is no cost, and no obligation to review your case