Workers Compensation, Work Injury and WorkCover Claims
If you have been injured at work, on a break at work or on your way to or from work you may be entitled to monetary compensation and damages for your work injury and assistance with medical treatment and rehabilitation.
Why choose South East Injury Lawyers for your workplace claim?
Get The Expertise You Deserve
We have highly qualified and experienced senior lawyers who will conduct your case instead of running the risk of dealing with a junior solicitor or paralegal.
More Money In Your Pocket Guarantee
The damages payout is for you and your lifetime injury not to pay excessive legal fees.
No obligation, free and confidential initial consultation
Call anytime up to 10:00 pm, 7 days a week and a senior injury lawyer will take your call.
Offices Throughout South East Queensland
We have offices in Brisbane CBD, Springwood, Brendale, Brookwater, Sunshine Coast and Toowoomba. If you live in SEQ, we are happy to come to you at home.
We Operate On A No Win, No Fee Guarantee
A no win, no fee guarantee means you don't have to pay any of our fees or outlays if you don't win your case.
Get In Contact Today
Call anytime up to 10:00 pm, 7 days a week and a senior injury lawyer will take your call.
Call 1300 446 999
Our quick and easy 5 step process to maximise your resolution.
1. Initial contact
Contact us and speak confidentially to an expert personal injury lawyer to understand how we can best assist you.
We meet for a free, no obligation consultation with you at home or at one of our many offices in SEQ to give you advise about your claim.
3. Case Management
We will take over your claim and ensure that your damages are maximised and you get resolution in a minimum amount of time.
We represent you at a settlement conference with the insurer and ensure that you get maximum compensation on the day.
5. Damage Payout
A damages payout is for your lifetime injury and so we are extremely mindful of this when charging professional fees at the conclusion of the claim.
Frequently asked Questions for WorkCover, Work Injury and Workers Compensation Claims
What do I do if I suffer a work injury?
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 workplace injury is sustained. You should also seek medical treatment as soon as possible and report your workplace injury to WorkCover Queensland.
Should I tell my employer about my work accident and injury?
You should immediately notify your employer about your work accident and injury and complete an incident report.
Who is WorkCover Queensland?
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.
Can I make a workers compensation claim for my work injury?
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.
What can I receive in a compensation claim?
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.
What is 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.
How do I make a workers compensation 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 workers compensation medical certificate completed by a GP or specialist.
A common law damages claim should be made with legal representation given the complexity of these claims.
Strict time frames apply in making workers compensation claims and damages claims and hence we recommend you seek legal assistance.
Can I accept a lump sum offer from WorkCover in a Notice of Assessment?
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.
What work related injuries can I claim for?
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;
- 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;
- Crush Injuries;
- 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.
Can a contractor or subcontractor claim workers compensation?
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.
What if I am in a labour hire arrangement?
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.
What sort of damages pay out will I get for my workers compensation claim?
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.
Will I ever be out of pocket or at a loss in relation to my work injury claim?
Our no win, no fee guarantee means that you will never be required to pay our legal fees or outlays if your claim is not successful. Hence, there is no risk to you in this regard. This means we only take on workplace injury claims we consider to be viable after a free initial, no obligation and confidential consultation.
How long will my workers compensation claim take to resolve?
The length of your workers compensation claim will depend on such factors including when your injury has reached maximum medical improvement, obtaining medico-legal evidence and investigating liability. Each work injury compensation claim will vary and can range typically from 6 to 18 months on average
My workers compensation claim has been rejected by WorkCover what do I do?
We regularly overturn unfavourable decisions made by WorkCover in relation to a work injury. Please contact us to discuss further as strict time frames apply in making appeals to the Workers Compensation Regulator.
What is the Workers Compensation Regulator?
The Workers Compensation Regulator is a body set up by the government who can review decisions made by WorkCover Queensland or a self insurer and either affirm or overturn these decisions.
Are there any time limits for making my workers compensation claim?
Strict time limits do apply in making workplace compensation claims and damages claims and hence we recommend that you seek advice in relation to this issue given the complexity of these time frames.
Can I work while on WorkCover benefits?
While receiving WorkCover weekly benefits and workers compensation, it is imperative that you advise WorkCover or a self insurer of any employment you undertake. There are serious implications for failing to disclose this information. We recommend you contact an expert injury lawyer to discuss further.
What is the Medical Assessment Tribunal (MAT)?
The Medical Assessment Tribunal is a body set up to assess and determine the nature and extent of a workplace injury, including whether an injury is work related or whether it is stable and stationary i.e. the injury has reached maximum medical improvement. The Medical Assessment Tribunal is a panel of 3 doctors and will vary depending on what your workplace injury is. As the decision of the MAT is usually final, then we highly recommend you seek expert legal advice if you are being sent by WorkCover or a self insurer to the MAT.
My employer is treating me unfairly as a result of my WorkCover claim. What can I do?
Most employees who have been injured at work and have an accepted WorkCover claim have legal protection against employers taking adverse action against them including termination of employment. This is a complicated area of law and to seek further advice contact our expert injury lawyers.
My employment has been terminated as a result of my WorkCover claim. What rights do I have?
In most situations, it is actually unlawful for an employer to terminate the services of an injured worker who is in receipt of workers compensation benefits. However, this is a complicated area of law and we recommend that you speak to one of our expert injury lawyers to discuss further.
My WorkCover claims officer is treating me unfairly. What do I do?
Unfortunately, it is the situation that while there are some fantastic and proactive claims officers working at Workcover Queensland, there are also equally claims officers whose performance is less than average. In these situations, it is imperative to engage an expert injury lawyer to liaise with the relevant claims officer from WorkCover Queensland.
What other personal injury claims does your firm deal with?
At South East Injury Lawyers, we also manage claims where individuals have been injured as a result of a car or motor vehicle accident, injuries in public places and also TPD claims.
How do I proceed?
Contact our office on 1300 446 999 for a no obligation, confidential and free consultation with a senior expert lawyer or complete our free, no obligation case review form for a response within 30 minutes from a senior expert injury lawyer