What do I need to do to pursue my work injury claim for compensation or damages, or both?
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).
Get our accredited Lawyers to assess your claim for free. Contact us now
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. Chat, call, email, or let us assess your claim, just press the button below. There is no cost, and no obligation.