Workers Compensation Lawyers

If you suffer a work injury, you should let your employer know straight away and complete an incident report as soon as possible after the work related injury is sustained. You should also seek medical treatment as soon as possible and report your work related injury to WorkCover Queensland.

You should immediately notify your employer about your work accident and injury and complete an incident report. However, it’s important to note that your safety and the safety of those are paramount. Once you’re out of danger, you should notify your employer and complete the incident report.

Most businesses in Queensland who hire employees will be insured through WorkCover Queensland for any injury sustained to the employee during the course of their employ. WorkCover Queensland will manage a workers claim in relation to medical and rehabilitation treatment.

If you are an employee (either full time, part-time or casual) and have been injured at work, travelling to or from work, or during a break at work you very likely will be entitled to make a workers compensation claim, usually through WorkCover Queensland. However, there are a small number of employers who do have self-insurance for workplace compensation claims.

A workers compensation claim provides monetary assistance to injured persons for medical treatment, lost wages, rehabilitation and medication, hospital and travel expenses.

In addition, if you have been injured due to unsafe work practices or the negligence of your employer or a co-worker, you may be entitled to additional sums for pain and suffering, future economic loss, care and assistance and future medical expenses by way of a common law damages claim.

A common law damages is claim is a claim against your employer for negligence or unsafe work practices, or the negligence of a co worker. Employers usually have insurance through WorkCover Queensland for common law damages claims and hence it is WorkCover and not the employer who will pay damages. Given that substantial damages can be recovered in a common law damages claim, is it essential that you seek expert advice from a senior personal injury lawyer in relation to such a claim.

An Application for Compensation usually needs to be completed to commence a compensation claim for a workplace injury through WorkCover or a self-insurer. This form is located on the website of WorkCover Queensland. This form can then be faxed, emailed or posted to WorkCover. An Application for Compensation should be accompanied by a worker’s compensation medical certificate completed by a GP or specialist. To learn more about the process of lodging a workers’ compensation claim, read our guide here.

A common law damages claim should be made with legal representation given the complexity of these claims.

Strict time limits apply in making workers compensation claims and damages claims and hence we recommend you seek legal assistance.

If you receive a lump sum offer from WorkCover or a self-insurer, it is important that you seek legal advice. If you accept this lump sum offer you are likely to lose your right to make a common law damages claim.

You can claim for any physical or psychological injury sustained during the course of your employment activities. Such injuries include:

• Back and neck injuries;
• Sprains and fractures;
• Crush injuries;
• Carpal tunnel syndrome;
• Post traumatic stress disorder;
• Depression;
• Whiplash Injuries;
• Head injuries;
• Shoulder injuries;
• Hip injuries;
• Soft tissue injuries;
• Ankle knee and foot injuries;
• Spinal injuries;
• Chemical injuries;
• Diseases Contracted in the workplace;
• Burns and lacerations;
• Catastrophic injuries;
• Traumatic Brain Injury;
• Carpal tunnel syndrome;
• Repetitive strain injury;
• Electrocution injuries;
• Neurological injuries;
• Internal injuries;
• Hernia injuries;
• Amputations;
• Crush Injuries;
• Scarring;
• Psychiatric and psychological injuries including depression, post-traumatic stress disorder, adjustment disorder, anxiety, traffic phobia and pain disorder;
• Nervous shock;
• Complex regional pain syndrome;
• Chronic pain disorder.

It is often the case that although a worker considers themselves to be working for an employer as a contractor, they are in fact in an employee / employer relationship.

This is a complex area, and we recommend you get legal advice to find out your rights.

If you have been injured due to unsafe work practices, you will still likely have a personal injury damages claim irrespective of whether you are an employee or subcontractor.

In a labour hire arrangement, you will not lose your ability to bring a personal injury damages claim, and your claim will often be against the host employer and the labour hire company.

Each injured workers damages pay out will be different and will be dependent on such factors including:

• The worker’s personal situation and losses sustained;
• Whether the worker has been able to go back to work and to what extent;
• What the medical evidence says in relation to the worker’s capacity for work, treatment required and care requirements;
• The level of permanent impairment attributed to the workplace injury.
• However, your personal injury claim will be maximised by retaining an expert lawyer who will get the evidence necessary to maximise your claim.

• Warehousing
• Manufacturing
• Offices
• Healthcare workers
• Farms and Agricultural workers
• Emergency Services
• Construction