WORKERS’ COMPENSATION LAWYERS
QUEENSLAND
No one goes to work expecting to be injured. However, when a workplace injury occurs, your life can be thrown into chaos.
Work injuries can cause pain and suffering, affect your ability to work, and require treatment to help you recover.
At Ramsden Lawyers, our experienced workers’ compensation lawyers help injured workers across Brisbane, the Gold Coast, Sunshine Coast, and throughout Queensland to understand their rights, access the compensation they deserve, and move forward with confidence.
FREE CLAIMS CHECK
Speak with our team today to find out if you have a claim.
WHAT IS A WORKERS’ COMPENSATION CLAIM?
In Queensland, workers’ compensation is a statutory, no-fault insurance scheme that supports eligible workers who suffer a work-related injury, illness, or aggravation.
Most workers are covered through WorkCover Queensland, although some employers are self-insured. If your claim is accepted, you may receive support for medical treatment, rehabilitation, and lost wages while you recover.
You may be eligible if:
- You are classified as a worker
- You suffered a work-related injury, illness, or aggravation
- Your employment was a significant contributing factor
- You lodge your claim within the stipulated time frame.
You do not need to prove that your employer was at fault to make a statutory claim.
WHY YOU SHOULD ACT QUICKLY
In Queensland, there are strict time limits that apply to workers’ compensation claims.
You generally have 6 months from seeing your doctor to lodge your claim.
Delaying your application may result in your claim being rejected.
Acting early also allows you to:
- Access medical treatment sooner
- Receive income support while off work
- Begin your recovery without delay
WHAT DOES WORKCOVER PAY IN QUEENSLAND?
If your workers’ compensation claim is accepted, WorkCover Queensland may cover:
- Weekly payments for lost income
- Medical treatments and hospital costs
- Rehabilitation and recovery support
- This may include physiotherapy, medication, counselling, and other necessary care.
CAN YOU CLAIM INJURIES OUTSIDE THE WORKPLACE IN QUEENSLAND?
A workers’ compensation claim can also be made if you were injured on your way to work, coming home from work, or while on a break (such as a lunch break).
COMMON WORKERS’ COMPENSATION LAW CLAIMS 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 this include:
- Failing to provide training
- Not providing safety equipment
- Failing to warn you of danger
- Failing to perform risk assessments
- 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 you receive when your statutory benefits claim closes.
It is important to seek legal advice to help you make an informed decision about whether to seek common-law damages or take the lump sum.
WHAT COMPENSATION CAN YOU CLAIM FOR A WORK INJURY?
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 TO MAKE A WORKERS’ COMPENSATION CLAIM?
The process for making a workers’ compensation claim generally involves the following:
- Report the injury to your employer.
- Seek medical treatment and obtain a Work Capacity Certificate from your treating doctor.
- Complete the relevant workers’ compensation claim form for your state or territory.
- Submit the claim form and the Work Capacity Certificate to your employer, who will then forward it to their insurer.
- Receive 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.
- 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.
TYPES OF WORKPLACE INJURIES WE ASSIST WITH
As Queensland workers’ compensation lawyers, we can assist you to 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.
SPEAK TO A QUEENSLAND WORKERS’ COMPENSATION LAWYER TODAY
If you have been injured in a workplace accident, it is important to report the incident to your employer, seek medical attention as soon as possible, and get legal advice early.
Our experienced Queensland workers’ compensation lawyers offer a free claim check to assess your eligibility. We can guide you through the claims process from start to finish, explain your rights in plain English, and help you understand the compensation you may be entitled to.
Contact Ramsden Lawyers today to speak with a Workers’ Compensation lawyer.
FREQUENTLY ASKED QUESTIONS
How long can you wait until making a workers 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. Contact us today for a free claims check.
What are some common work-related accidents?
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.
I have a statutory benefits, but what is 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.
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.
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 another person or company caused or contributed to your injury, you may be able to make a public liability claim. This could apply if:
- The tool or equipment you were using had a manufacturing defect
- Maintenance or repairs were carried out negligently
- You were injured on unsafe premises
- Someone other than your employer gave you an unsafe direction
- A worker from another company caused your injury
You may also have insurance benefits through your superannuation, such as income protection, salary continuance, or Total Permanent Disability insurance.
Our lawyers can help you investigate your options and understand which claims may be available to you.
