WorkCover Queensland Accidents

Brisbane Personal Injury are lawyers that know when you have been involved in an accident at work it can affect both you and your family members. We are here to assist you during this difficult time.

We pride ourselves on acting for injured people to ensure they receive just and adequate compensation for their injury.

Queensland has established a scheme of insurance called the WorkCover Queensland Scheme to ensure workers who sustain injury in the course of their employment receive support while their injury is affecting their ability to work.

This scheme is administered by WorkCover Queensland and provides two types of benefits namely:-

  • Statutory Benefits; and
  • Common law damages.

Statutory Benefits

Statutory Benefits are paid under a no fault scheme. This means even if you caused your own injury you are still entitled to claim Statutory Benefits.

Statutory Benefits include payment of your wage, initially 85% of your normal weekly wage and medical and rehabilitation expenses incurred as a result of your injury.

Common Law Damages

Common Law damages are payable if:-

  • You sustain injury as a result of your employer or a co-workers action; and
  • You fail to make a complete recovery from your injury.

In these circumstances you can make a claim on WorkCover Queensland for Common Law damages to compensate you for the longer term impact your injury will have on your ability to work and the ongoing symptoms you suffer because of the injury.

Contact our personal injury team on 1800 632 930 or submit an enquiry online if you wish to discuss the accident.

FAQ

Do I have a claim?

Statutory Benefits are payable irrespective of fault and are designed to support you during a short period of incapacity, prior to resuming your previous employment. Generally you do not need legal assistance to make a claim for Statutory Benefits because it is a no fault scheme.

A claim for Common Law damages requires you to establish that your employer or a co-worker caused you to sustain injury. You must establish that the employer or a co-worker "breached the duty of care owed to you". This is a legal test and we recommend you consult this firm to assist you in determining whether you have a right to claim Common Law damages.

Contact our personal injury team on 1800 632 930 or submit an enquiry online if you wish to discuss the accident.

 

How do I make a claim?

Injury in the workplace can occur at any time and often no one is at fault.

To claim Statutory Benefits you should report the injury to your employer, preferably in writing and have your treating doctor or hospital complete a WorkCover Medical Certificate. Copies of these forms together with other information about the statutory claim process can be found at

www.worksafe.qld.gov.au/rehab-and-claims/injuries-at-work/making-a-claim

Once WorkCover Queensland receives your claim they will either accept it, the most likely outcome and start paying benefits, or they will reject it. If they reject your claim you have rights of appeal.

If you are injured as a result of an act by your employer or a co-worker and your injury does not resolve you may have a right to claim Common Law damages. The process to claim Common Law damages is that:-

  • WorkCover Queensland must issue you a Notice of Assessment in relation to your injury;
  • A Notice of Claim under the Workers Compensation and Rehabilitation Act 2003 must be served on WorkCover Queensland.

The Notice of Claim is a complex document which requires the provision of personal information, details of the circumstances of the accident and the formulation of an offer of settlement. This document is required to be sworn on oath. It is important that you obtain legal assistance with the drafting of this document to ensure that it is accurate and properly presents your case.

Brisbane Personal Injury lawyers will be happy to assist you in drafting this document. 

What are my time limits?

The Limitations of Actions Act 1974 establishes strict time limits for making a claim for damages for personal injury.

We advise your claim must be commenced within 3 years of the date of the accident. If your claim is not commenced within 3 years of the accident then the Limitations of Actions Act 1974 will prevent you from making a claim for injury stained in the accident.

We advise that persons under the age of 18 years can make a claim for damages for injury stained in an accident up until they turn 21. 

How long will it take?

In our experience it is usually 2 years from the date of the accident before we are in a position to commence negotiations with the WorkCover Queensland about resolving your claim.

We advise that in this period we:-

  • Investigate liability including taking statements from witness;
  • Take statements from you about the impact your injuries are having on your work and social life;
  • Obtain medical reports detailing your injury and their effect on you and your ability to work;
  • Obtain details of your future medical needs and their costs.

We advise the time spent conducting these investigations can vary and often depends on the extent of your injury and recovery from your injury.

Our personal injury lawyers will provide a more accurate timeframe for your particular circumstances at consultation.

Compensation – How Much?

We advise broadly the following "Heads of Damages" can be claimed if you have sustained an injury:-

  • Pain and suffering;
  • Loss of wages and superannuation;
  • Griffiths v  Kerkemeyer  - also known as care and assistance;
  • Special Damages such as equipment required due to your injury eg. wheelchairs, home renovations, work modifications. vehicle modifications and prosthetics.

We advise that there are statutory limits on the entitlement to claim care.

How much does it cost?

We act on a No Win No Fee basis.

You will never receive an account from us unless your claim is successful.*

Do I have to go to court?

There is an extensive pre-court conference process.

Accidents at work are often investigated and this can assist on the issue of liability.

This means claims involving work accidents usually do not go to Court.

At conference or before court we can usually negotiate a settlement of your claim. We keep you fully informed of any settlement negotiations as they are occurring.

In our experience:

  • over 85% of matters resolves at a Conference
  • over 95% of matters resolve without going to Court

Enquire today!

Enter your details below and one of our compensation specialists will contact you as soon as possible for a free, no obligation case review.

Why choose Brisbane Personal Injury

No Win. No Fee

We act on a No Win No Fee basis. You will never receive an account unless your claim is successful*

More about No Win. No Fee

A QLD Law Firm

Brisbane Personal Injury is part of MacDonnells Law.

More about our history

Free initial Consultation

We assess your claim to determine whether you have a claim worth proceeding.

Contact Brisbane Personal Injury

* Terms and Conditions Apply. The terms of successful case is outlined in our Client Agreement.

Office details

Brisbane Personal Injury

Level 12, 200 Mary Street,  Brisbane,  QLD  4000

Tel: 07 3031 9700


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