Workplace Injury Compensation

If you have suffered an injury in the workplace you may be entitled to compensation.

Our services include ‘no win no fee’ representation in most cases associated with serious injury, death, financial loss, pain and suffering, or loss of consortium for family members.

We have expertise in negotiating out-of-court settlements for all accidents involving injury or death where income has been lost or your income earning potential is affected in cases of physical disablement and pain and suffering.

We handle compensation claims for all types of workplace accidents.

Claims are conducted from our Brisbane Head Office which is close to major courts and insurers as well as medical and safety expert consultants. Should you prefer we can also arrange to meet at our offices at the PA Hospital and Browns Plains Medical Precinct.

Damages are available for expense recovery, lost income, loss of future earning capacity, paid and unpaid recuperative assistance, pain & suffering, loss of enjoyment of life and other losses relating to your personal circumstances.

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WorkCover has accepted my injury claim. What do I do now?

WorkCover Queensland (WCQ) will assess your permanent impairment after you have returned to work, after they consider your injury has stabilised or after they consider your symptoms are no longer related to the accident. This will probably occur about twelve (12) months after the accident.

A Notice of Assessment will then issue from them to you expressing their determination of your bodily impairment as a percentage. Based on this percentage, they will offer you a “lump sum” payment.

At that point, you have the following options:-

  1. Accept the “lump sum” they offer; or
  2. Proceed with a lawsuit process that will typically yield you far higher compensation than the “lump sum” provided negligence, i.e. that there was something defective in relation to the system of work.

In cases of very serious injury, you can do both. This depends on impairment assessed. Contact us immediately if you receive a WorkCover Notice of Assessment.

You should NOT accept any lump sum offer of compensation from WorkCover without discussing that with us, as you will risk the loss of significant compensation rights.

What benefits can I expect after WCQ accepts my claim?

If you are a worker who suffers an injury you are entitled to statutory benefits including:

  1. Weekly payments for time off work;
  2. Payment of medical expenses; and
  3. A possible lump sum for any permanent impairment if the accident happened at work or travelling to or from work.

My injury is because of a faulty workplace? What other compensation rights do I have?

Rather than accepting as lump sum, you may elect to sue your employer’s insurer for negligence and claim damages (in some cases you may actually be able to do both). To succeed in a damages claim you must be able to establish that your injury was due to a fault in the workplace (i.e. negligence) and you must satisfy other specific liability criteria.

In most cases, the amount of damages which flows from this type of claim is far greater than the lump sum which WorkCover may offer you under the statutory benefits scheme.

If your work related impairment WRI is less than 20% you cannot accept the lump sum and sue for damages. You must choose one or the other.

I have received a DPI assessment of 5% for my injury

If you were injured between 15/10/13 and 30/01/15, and WorkCover assess you as 5% DPI (Degree of Permanent Impairment) or less, you have NO common law right to damages. An appeal to argue your assessment should exceed 5% can be lodged only inside 20 business days of the DPI assessment. Contact us immediately if you receive a WorkCover Notice of Assessment.

Who is covered?

To obtain WorkCover benefits including weekly payments for time off work and payment of your medical expenses, you must be a worker and have suffered an injury.

A “worker” is someone on PAYG wages or in most cases, a ‘contractor’ paid on hourly or weekly rates who supplies no more than labour and hand tools. A genuine sub-contractor does not come under the WorkCover system.

If you do not meet the two criteria (being a worker and suffering an injury) you may be entitled to bring a claim for damages outside the WorkCover system.

What about labour hire agencies?

Persons injured while employed by a labour hire agency and working for one of the agencies’ customers (the “host employer”) are covered as against the labour hire agency under WorkCover and as against the host employer, under the Personal Injuries Proceedings Act. The same applies if you injured on premises operated by a third party.

What is the difference between a ‘lump sum’ and ‘damages’?

If a WorkCover claim has been lodged on your behalf and accepted WorkCover may also offer you a lump sum payment once your injuries have stabilised (usually about nine (9) to fifteen (15) months post injury).

The offer of a lump sum depends on the level of WRI which is assessed medically and depends on the nature and extent of your injury.
In most cases, the amount of damages which flows from this type of claim is far greater than the lump sum which WorkCover may offer you under the statutory benefits scheme.

It’s Important You Don’t Delay

Time limits apply for making a compensation claim for workplace injury so please contact us as soon as possible.

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