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Workers Compensation Claim Lawyers Gold Coast & Sydney

No one goes to work planning to get injured. However, when you are injured at work your life can be thrown into chaos. Work injuries can cause pain and suffering. They may impact your ability to work. You may require treatment to recover. Your future can be uncertain.

The Gold Coast personal injury lawyers at Ramsden can give you advice, and guide you throughout your Workers Compensation Claims, to ensure that you receive the support you are entitled to under Queensland’s workers compensation regime.

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Why Should I Act Fast With a Workers Compensation Lawyers?

If you are injured at work, then you may be entitled to a “statutory” workers compensation claim. You do not need to show that your employer was at fault or negligent to access statutory workers compensation benefits. You just need to show that:

  • You are a worker
  • You had an injury, disease, aggravation of an injury or disease, or industrial hearing loss
  • Your employment was a significant contributing factor to the injury

You can also claim if you were injured on your way to work, coming home from work or on a break (such as a lunch break).
WorkCover Qld (who insures Queensland employers) is obliged to pay:

  • weekly benefits to replace your lost income whilst injured; and
  • medical treatment and rehabilitation to help you recover

An application for workers compensation must be lodged within 6 months of seeing your doctor about the work injury. If you delay lodging the Application, then you risk WorkCover rejecting your application.

Also, the quicker you lodge the claim, the earlier you can get the treatment and rehabilitation you need to get your life back on track. WorkCover is obliged to fund reasonable rehabilitation to help you recover from your injuries. This could include (but is not limited to) hospital treatment as a private patient, physiotherapy, medication, counselling, supports and assistance.

Common Workers Compensation Law Claims for Damages for Negligence

If your employer was negligent, and breached its duty of care to you, then you may have an entitlement to damages.

An employer can be negligent if they failed to take the appropriate level of care for your safety. Examples of when employers are negligent can include failing to provide training, not providing safety equipment, failing to warn you of danger, failing to perform risk assessments or requiring you to perform your work in an unsafe manner.

If you succeed in showing that the employer is at fault, then you can recover damages including amounts to compensate you for pain and suffering, past economic loss, loss of future earning capacity, superannuation on your economic loss, out of pocket expenses incurred, future expenses to manage the impact of the injury and any tax paid on your workers compensation payments.

In many cases, these common law damages will be larger than the lump sum offer that you receive when your statutory benefits claim closes.

It is important to get legal advice to allow you to make an informed decision on whether to seek common law damages or take the lump sum.

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What Compensation Can I Claim?

In a workers’ compensation claim, you may be eligible for various types of compensation. These may include:

  • Medical and rehabilitation expenses: covering costs of treatments, surgeries, physiotherapy, medication and other necessary expenses for your recovery.
  • Income replacement: compensating for lost wages during your recovery period.
  • Permanent impairment benefits: a lump sum payment for any permanent impairment resulting from your injury.
  • Pain and suffering: compensation for the physical and emotional pain experienced due to the injury.
  • Loss of future earnings: compensation for any reduction in your future earning capacity.
  • Home modification and care expenses: covering the cost of modifications to your home, if required and any care or assistance needed.

How Can I Be Eligible For a Workers’ Compensation Claim?

To be eligible for a workers’ compensation claim, you must meet specific criteria, which may include:

  • Being classified as a worker under the relevant state or territory legislation.
  • Having suffered a work-related injury, illness or condition.
  • Demonstrating that your employment significantly contributed to the injury or illness.
  • Lodging your claim within the stipulated time frame.
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How Long Can You Wait Until Making a Worker’s Compensation Claim?

It’s essential to act promptly when making a workers’ compensation claim. Generally, you must apply within six months of seeing your doctor about the work injury. Delaying your application may result in your claim being rejected. However, exceptions may apply in certain circumstances, and seeking legal advice regarding any deadline extensions is crucial.

What Is The Process For Making a Workers’ Compensation Claim?

The process for making a workers’ compensation claim generally involves the following:

  1. Report the injury to your employer.
  2. Seek medical treatment and obtaining a Work Capacity Certificate from your treating doctor.
  3. Complete the relevant workers’ compensation claim form for your state or territory.
  4. Submit the claim form and the Work Capacity Certificate to your employer, who will then forward it to their insurer.
  5. Receiving a decision on your claim from the insurer, who will assess your claim and determine your eligibility for compensation – this may involve further investigation or negotiation.
  6. If your claim is accepted, receive ongoing support and compensation as required.

If your claim is denied, seek legal advice and consider options for dispute resolution.

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What Types of Work Injuries, Illnesses or Conditions Can You Claim For?

Workers’ compensation lawyers can claim cover for a wide range of work-related injuries, illnesses, and conditions, including:

  • Physical injuries, including fractures, dislocations, sprains, strains, burns and amputations.
  • Psychological injuries, such as stress, anxiety and depression resulting from work-related incidents or conditions.
  • Occupational diseases are illnesses caused by exposure to hazardous substances or work environments, like asbestos-related diseases or silicosis.
  • Industrial hearing loss caused by exposure to excessive noise at work.
  • Aggravation of pre-existing conditions due to work-related factors.

What Are Some Common Work-Related Accidents?

Work-related accidents can happen in various ways and across different industries. Common workplace accidents include:

  • Slip, trip and fall accidents caused by wet floors, uneven surfaces or obstructed walkways.
  • Manual handling injuries resulting from lifting, carrying, pushing, or pulling heavy objects.
  • Vehicle accidents involving cars, trucks, forklifts, or other work-related vehicles.
  • Machinery and equipment accidents caused by malfunctioning, improper use or inadequate maintenance of machinery and equipment.
  • Falls from heights, resulting from working on ladders, roofs, scaffolding or other elevated platforms without proper safety measures.
  • Electrical accidents involving electrocution, electrical fires or explosions due to faulty wiring or equipment.
  • Chemical exposure from contact with harmful chemicals, gases or other hazardous substances.
  • Workplace violence, including physical or verbal altercations between employees or customers.
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Great, I Have The Statutory Benefits, But What’s Next?

The statutory workers compensation benefits won’t last forever. WorkCover is only required to provide you with these benefits until a doctor indicates that you are “stable and stationary”. This means that no other treatment is going to improve your injury. In short, this is when your recovery plateaus.

At that point WorkCover will tell you that they are going to close your file.

They may not tell you that you have the right to be assessed for permanent impairment (which comes with a lump sum offer).

Once WorkCover indicates that they will close your file, it is very important that you get up to date legal advice. You should be assessed for permanent impairment and then WorkCover will give you a Notice of Assessment with a lump sum offer.

At this point, you have a very important decision to make. You need to decide whether to bring a common law claim for damages or accept the lump sum offer. Usually, you cannot take the lump sum offer and proceed to claim damages for negligence.

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My Employer Did Not Cause My Injury. What Are My Options?

If the employer is unlikely to be found negligent, then you may be able to take the lump sum offer that accompanies the Notice of Assessment. However, you should not decide about the lump sum offer without first getting legal advice.

If someone else or another company were negligent and caused your work accident, then you may be able to bring a public liability claim. Examples of public liability claims against third parties can include:

  • There was a manufacturing defect in the tool or equipment you were using
  • The maintenance or repairs of the premises, plant or equipment were performed negligently
  • The injury occurred on someone else’s unsafe premises
  • You were directed to perform your work by someone other than your employer and the direction was unsafe
  • A worker from another company did something that caused your injury

For more information on public liability claims, please click here.

You may also have insurance benefits attached to your superannuation accounts, such as salary continuance or income protection or Total Permanent Disability (TPD) insurance policies. For more information on insurance and superannuation claims, please click here.

We can help you investigate whether you can make these claims.

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What Other Workers’ Compensation Deadlines Do I Need To Know About?

There are important deadlines that apply to common law claims for damages. Generally speaking, a compliant Notice of Claim must be lodged with your employer and WorkCover within 3 years of injury.

There are some limited circumstances where this deadline can be extended. But it is very important to get legal advice before this 3-year limitation period ends.

Contact Our Workers’ Compensation Lawyers Today!

Regardless of the type of accident or injury, it’s essential to prioritise workplace safety and report any hazards or incidents to your employer. If you have been injured in a work-related accident, seek prompt medical attention and consult a workers’ compensation lawyer to understand your rights and entitlements. For more advice, contact Ramsden Lawyers on 1300 749 709 today.

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