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Personal Injury News, Articles & Useful Guides On Compensation Claims

For many years we have won claims on behalf of clients, so we thought it prudent to gathering some of those extensive details about compensation claims, legal developments, interesting and relevant articles, guides and more, all in to one place.

Some of the articles are very comprehensive and dense, you can search above or view by each posts tags to find out more. Got a question? Contact us and we'll be glad to help you and clarify anything you need.

How To Pursue A Work Injury Compensation Claim?

Home > News > How To Pursue A Work Injury Compensation Claim?

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.


reimbursement of lost wages if you cannot work due to your injury

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).

✔  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