What is workers compensation?
Workers compensation, sometimes referred to as 'workers comp' or Workplace Compensation is designed to protect people who have been injured through the course of their employment.
Acting as a form of insurance, it can help you get back on your feet. Workers compensation can be claimed for:
Injuries sustained at work
Injuries sustained while travelling to or from work
Pre-existing conditions that have been worsened through work-related activities
Am I eligible to make a work accident compensation claim?
Your eligibility to claim workers compensation will depend on the circumstances of your injury.
For your claim to be considered legitimate, it must meet the following requirements:
Your injury or illness is work-related
Your employer has workers compensation insurance (in Australia, nearly all employers are legally required to have this insurance)
You are an employee of the organisation you intend to make a claim against (or were an employee at the time you were injured)
No Win No Fee workers compensation claims
The Personal Injury Lawyers offer all clients affordable legal representation.
By choosing to work with one of our No Win No Fee lawyers, you won’t have to pay any legal fees upfront.
Rather than adding to your money worries, this arrangement can help you access essential compensation.
What does a workers compensation claim cover?
Workers compensation is designed to cover all out-of- pocket expenses related to your injury, including:
Ongoing healthcare costs (such as rehabilitation)
Permanent impairment benefits.
How do I make a compensation claim for a workplace injury?
If you’ve sustained an injury as a result from a work accident, be sure to notify your employer.
Making an official record of your injuries is extremely important if you intend to take legal action.
Seeking medical treatment is also an essential step in the claims process, as your medical records may be needed as evidence.
Workers compensation cases can involve complex legal processes.
If you’re struggling to make sense of the legal system, seek legal advice before lodging a claim.
Get a free fast Work Accident claim assessment with no obligation. Get in touch today
If you have been injured as a result at work or on the way to or from work, you may well 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 again no obligation.
What type of workers can make a compensation claim?
The following types of workers can claim compensation:
Self-employed workers (in some cases)
What type of work-related injuries can I claim for?
You can claim workers compensation for any injury or illness sustained through work-related activities.
Your injury doesn’t need to be physical – psychological conditions are also covered.
These are some of the most common injuries named in workers compensation claims:
Illnesses (such as cancer or respiratory conditions)
No matter what kind of injury you’ve sustained, we can help you secure the compensation you’re entitled to.
How long do I have to make a workers compensation claim?
Time limits apply to all workers compensation claims. To avoid missing any important cut-off dates, try to begin legal proceedings quickly.
How much does it cost to make a claim for a work-related injury?
The amount of work your case requires will determine its total cost. Keep in mind that even if your claim accrues a significant amount of legal fees, you won’t have to pay any of those fees if you aren’t awarded compensation, thanks to our No Win No Fee service.
If your claim is successful, your legal fees will come out of your compensation, however, you will always be awarded the majority of damages.
Will I need to go to court for my workers compensation claim?
Most workers compensation claims are settled before going to trial. But if you do end up in court, your lawyer may be able to attend on your behalf.
Even if you’re required to appear in person, being accompanied by legal representation can make this experience less daunting.
Who will pay for my Work Accident claim if I win?
The insurer of your employer will most likely pay for your workers compensation.
Damages can be delivered either directly from the insurer, by the employer or through a workers compensation regulator.
Do I need to seek a workers compensation lawyer to make a claim?
You don’t need to, but seeking legal advice from a workers compensation lawyer is recommended. These are just some of the benefits associated with having a lawyer handle your case:
Free consultations – Before taking legal action, we can have one of our experienced lawyers review your case during an obligation-free consultation.
Timely legal action – Many people who choose to represent themselves aren’t aware of the time frames associated with workers compensation cases. It’s a lawyer’s job to make sure your claim is lodged on time.
Insurance expertise – Allowing your lawyers to negotiate with the insurance company can provide you with easier access to compensation.
OTHER COMMON QUESTIONS ABOUT WORKPLACE ACCIDENT CLAIMS
Q. Is compensation ever difficult to recover?
A. Workers compensation can be difficult to recover if your employer’s insurer is unwilling to pay a fair amount of damages.
Even if this proves to be the case, the Personal Injury Lawyers will do everything we can to solve any difficulties that arise during the claims process.
Q. How long will a work accident compensation claim take to settle?
A. Each claim is different, making it impossible to forecast how long it will take for your case to be resolved.
If you’re expecting to receive damages overnight, keep in mind some claims can take several months to settle.
Q. Can I claim for a death in my family?
A. If a member of your family has died in a workplace accident, you may be entitled to claim damages under WorkCover.
The Personal Injury Lawyers can provide you with legal advice if you intend to make this kind of claim.
Q. How much compensation will I receive?
A. The amount of compensation you receive will be determined by calculating the monetary value of your injuries and their impact on your quality of life.
Chat with a Lawyer online for free to get a better idea. (All your circumstances can have an impact on what you can claim).
Try our compensation calculator for more insights into what you may be able to claim.
Q. What happens if I don’t win?
A. If you aren’t awarded any compensation, you won’t have to pay any of your legal fees.
However, you may have to cover the legal costs of the person you made a claim against.
If you’re concerned about this aspect of taking legal action, we can make sure you’re aware of the risks involved.
Q. Where can I contact a workers compensation lawyer in QLD?
A. To discuss your workers compensation claim with The Personal Injury Lawyers, call us on 1800 958 498, or fill in the free claim assessment form on our website today.
Q. What other Workplace Accident Injuries are covered?
A. If you have been injured in a work accident or an accident on your way to or from work, or during a work break, you may be entitled to compensation or common law damages, or both.
We have won compensation for injured workers from many different industries for a wide range of work-related injuries.
Some of the types of injuries we have helped secure compensation for clients include:
Upper and lower limb injuries
Carpal Tunnel Syndrome
Soft tissue, strain and sprain injuries
Repetitive strain injuries
Chemical and asbestos exposure
Foreign body injuries
Psychiatric and psychological injuries
Dependency claims in cases of fatal accidents
Q. Do Workplace injuries includes stress, anxiety and other non physical injuries?
A. Yes! A work injury does not just mean suffering physical harm in the workplace. For example, a work injury can be stress-related whereby you are suffering symptoms of depression, anxiety and sleeplessness.
People sometimes think that because they have suffered what they consider to be a simple or minor injury, such as a whiplash or jarring injury which seems to improve in the weeks or months after the accident, that it is not worthwhile making a claim or there is no need to claim.
Unfortunately, what often appears to be a simple whiplash injury or strain can end up being quite debilitating.
For instance, whiplash injuries to the cervical spine (neck) can result in recurrent headaches or migraines, recurrent muscle spasm and ongoing pain and restriction in the neck, upper back, shoulders and arms.
Similarly, a whiplash or jarring injury to the back can result in long-term lower back issues, with problems sitting, standing or walking for extended periods of time and ongoing back pain and stiffness.
What is thought at first to be a minor shoulder injury can result in the need for surgery, or frozen shoulder syndrome. Sometimes, the extent of the injury is not seen until many months or even years after the accident and can deteriorate over time.
This can be very debilitating on everyday functioning and employment.
It is therefore important that you take steps to protect yourself if you have suffered any work accident injury, even if you consider it to be a simple or minor injury, as this may not be the case in the future.
Please note time limits apply to your claim.
Q. What sort of compensation am I entitled to?
A. If you have sustained a workplace injury you may be entitled to the following payments, irrespective of fault or responsibility:
Medical and Rehabilitation Expenses
Common law damages for:
Past and future medical and rehabilitation expenses
Loss of past and future superannuation benefits
You should also be aware that:
If you have sustained an injury whilst travelling to or from your workplace then you may have rights to claim Workers' Compensation as well as other rights to compensation at law, ie. in negligence, trespass, motor vehicle accident claims, public liability claims etc.
- Even though you may be termed an independent contractor, contractor or sub-contractor by the party engaging your services when your work injury occurred, it may very well be the case that you have the right to claim Workers' Compensation Lump Sum Compensation or Common Law damages, or both, as a "worker" under workers' compensation legislation. See our article on who is considered a "worker" in Queensland workers' compensation claims, pursuant to recent legislative amendments: Worker v Independent Contractor
Q. How much compensation will I receive for a Common Law Claim?
A. Injuries affect everyone in different ways. A minor injury to some, may impact on another person to a much greater extent.
The purpose of a Common Law damages payment in a personal injury claim is to compensate an injured party for the loss and damage suffered as a consequence of the injury.
The more the injury or injuries impact upon your pre-accident lifestyle and employment, the more compensation you will receive.
Because of the subjective nature of compensation payments for personal injury claims in Queensland, it is not possible to state a specific compensation amount for a certain injury.
It will depend on what loss and damage you suffer because of that injury.
Some of the more dominant factors that impact upon damages or compensation payments are the extent of the injury or injuries sustained as well as age, occupation, recreational interests and health of the injured party at the time of the accident occurring.
To give you an idea of what types of damages or compensation payments are being made in Common Law Claims for work injuries in Queensland, we have obtained the following data from QComp or Workers' Compensation Regulator ("the Regulator") as it is now called, the body that regulates work injury claims in Queensland:-
There were 2986 new Common Law claims brought by injured workers in Queensland in the 2015 financial year;
Average gross damages payment per claim was around $200,600;
Where injury was rated at 0% impairment by Workcover - Common Law payments averaged around $160,000 to $260,000 (based on a cross-section of claims in the 2013 financial year);
Where injury was rated at 5% to 10% impairment by WorkCover - Common law payments averaged around $213,000 to $468,000 (based on a cross-section of claims in the 2013 financial year);
The average claim duration during the 2015 financial year was around 13 months.
Please note that these are average damages payments only and every case is different.
For example, The Personal Injury Lawyers case summary database provides the case where a worker achieved $1.052 million damages for an injury assessed by WorkCover at 0% impairment - Austin v Parmalat Austraila Ltd (2013)QSC 227.
Of course, in cases of very serious injury and catastrophic injuries such as brain injury, paraplegia or amputation for example, compensation will be much higher than the figures discussed above, most likely resulting in compensation payments involving multi-millions of dollars.
(Work injury claim data for impairment assessments at 0% and 5 to 10% referred to above was taken from a cross-section of claims published in the Regulator's 2015 Annual Report).
Q. Catastrophic work injuries - entitlement to lifetime care and support under the NIIS
A. The National Injury Insurance Scheme or NIIS, started in Queensland on 1 July 2016.
The purpose of the scheme is to meet the medical and care needs of those who suffer catastrophic injuries in accidents, whether through a motor vehicle accident, work accident, medical malpractice or some other form of accident.
What are considered catastrophic injuries under the NIIS? Such injuries as severe burns, serious spinal cord injury (mainly involving paraplegia and quadraplegia cases), multiple amputations, permanent blindness, and traumatic brain injury.
The scheme applies to workers who suffer catastrophic injury regardless of fault or age.
The entitlements under the scheme include:
Prosthetics, aids and appliances;
Care, including respite, attendant and domestic;
Education and vocational training;
Home and vehicle modifications
If you are interested in learning more about the NIIS and any entitlement you may have to lifetime care and support under the scheme, go to our FAQ page, and read "Are there lifetime care and support schemes for motor accident & work injury victims in Queensland?"
Q. There are legal procedures you must follow to protect your claim
A. 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.
We can guide you through the legal processes that you must comply with in order for you to protect and pursue any compensation entitlements you may have under such legislation and at Common Law.
Under workers' compensation legislation in Queensland, if you have had a Workers' Compensation claim , and you wish to proceed with a Common Law claim for damages for your injury, you need to be very careful what steps you take when your workers' compensation claim is coming to an end.
In Queensland, the majority of injured workers are required to make an election at the end of their workers' compensation claim as to whether they wish to proceed with a Common Law claim for damages.
If you take the wrong step responding to this question, you could lose all rights to proceed with a Common Law claim and miss out on significant compensation.
You need to ensure that you contact The Personal Injury Lawyers for legal advice prior to taking any steps in relation to your work injury so this does not happen to you.
Q. Work injuries between 15 Oct 2013 and 30 Jan 2015 are subject to a 6% impairment threshold
A. Also, for those workers who suffered their work injury between the period 15 October 2013 to 30 January 2015, their entitlement to Common Law damages are not automatic once their workers' compensation claim ends.
To achieve entitlement to claim Common Law damages, they must achieve a degree of permanent impairment for their work injury of at least 6%. Unless they achieve this impairment assessment they will have no right to pursue a claim for Common Law damages.
If a worker does not achieve a degree of permanent impairment of at least 6% for their work injuries, then there are appeal avenues for the worker to try to increase their impairment assessment to reach the 6% impairment required.
Q. Strict time limits apply on all personal injury claims
A. However, strict time limits apply in respect to those appeal rights and so it is very important that you seek legal advice as soon as possible after any impairment assessment by the workers' compensation insurer, or when you are advised that your injury is being assessed for degree of permanent impairment.
To learn more about the 6% threshold required in work injury claims occurring during the period 15 October 2013 to 30 January 2015, go to the following article on our website: The 6% threshold in Queensland work injury claims .
The Workers' Compensation and Rehabilitation Act 2003 and associated Regulations govern the awards of damages in relation to work injury claims in Queensland. Navigating the provisions of this legislation can be quite complex and it is therefore important that you obtain legal advice with respect to what compensation entitlements you may have under such legislation.
The Personal Injury Lawyers will be able to provide you with this advice.
Q. If you've had a Workplace Injury, it costs nothing for our no win no fee Lawyers to assess your claim
A. We have offices in Brisbane and on the Gold Coast which service all of Queensland, so if you have suffered an injury in the course of your work, and you are looking for a personal injury lawyer to assist you with your claim, The Personal Injury Lawyers have a team of personal injury solicitors, who are accredited Specialists in Personal Injury Law.
We only deal with Personal Injury, so we fully specialise in such claims, and we can assist you with your inquiries all on a no win, no fee basis.
We will provide you with a free appraisal of your claim and your enquiry is totally obligation free and completely confidential.
Call our Workers Compensation Lawyers Across Brisbane & Gold Coast Today
If you have been injured whilst at work, 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.