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Workplace Injuries
Everyone hopes to make it through the work day safely and arrive home in one piece. However, sometimes an injury can disrupt a worker’s life and send them on a Workers Compensation Claims journey.
A Queensland Workers Compensation claim assists workers who are injured at work, travelling between home and work, or on a break at work.
Am I Eligible?
In Queensland, most workers are covered by WorkCover Queensland. Some employees (such as public servants employed by the Federal government) are covered by Comcare.
If you are a Queensland worker who is injured, you can lodge an Application for Compensation with WorkCover if:
- You are a worker (including some contractors)
- Your injury arose out of your employment, or in the course of your employment
- Your employment is a significant contributing factor to the injury
An injury can include:
- A disease contracted in the course of your work
- An aggravation of a disease, injury or medical condition
- Loss of hearing resulting in industrial deafness
- Death from an injury, disease or an aggravation of a medical condition
- A psychological injury
How Evolve Legal Can Help
Many people who are entitled to compensation feel overwhelmed by the claims process, particularly while trying to recover from an injury at work. For many workers, it is difficult to know where to start or what steps to take to protect their rights.
That is why we offer a FREE INITIAL CONSULTATION. This consultation gives you the opportunity to speak with a lawyer, understand your options, and find out whether you may have a valid claim for compensation. There is no obligation to proceed, and no pressure to make any decisions.
Our aim is to provide clear guidance from the very first conversation, so you can feel informed and supported as you focus on your recovery.
Are there deadlines for bringing a claim?
Strict time limits apply for both a Statutory Claim and for Common Law damages. If you miss the deadline, then you may lose your entitlement to make a claim.
Generally speaking, Applications for Statutory Compensation need to be lodged within 6 months of seeing your doctor, nurse practitioner (if it is a minor injury) or dentist (for dental injuries) and they assess that you have a work related injury. There are some exceptions to this rule, but it is important to get prompt advice to protect your entitlements.
In Queensland, the general deadline to lodge Common Law Damages claim is 3 years from the date of the incident. There are also some exceptions to this rule (or ways to get it extended). However, it is important to carefully diarise the 3 year deadline and get prompt advice on how to protect your rights.
How do we prove your damages?
Part of our role as your solicitor, is to gather and present evidence that proves the impact the injury has had on you. At Evolve Legal, we focus on telling your story so the insurer can best understand how the injury has affected you.
During the claim we will be requesting information and documents from you and various other bodies. This could include your treatment providers, your employers, insurance companies, Medicare, Australian Tax office, Centrelink, and any other body we think is relevant. We may also obtain statements from family, friends, co-workers to help paint the picture of your life with an injury. We also obtain expert reports from independent experts.
What if you lose your job or are bullied at work?
If your injuries have any impact on or are affected by your work (such as bullying, demotion or dismissal), you may wish to seek advice on whether this gives rise to other rights.
There are protections under the law that prevent an employer from terminating your employment for the first 12 months because of your injury.
Strict (and often very short) time limits often apply to employment law claims. Any delay by you in acting may mean you may lose your rights.
I don't like how my employer is treating me and it is causing me stress
Do I have a claim?
Psychological injuries are treated differently to a physical injury. There is an additional test that you must satisfy. WorkCover is entitled to reject your claim if it is the result of “reasonable” management action or your expectation or perception of reasonable management action.
Therefore, it is important to be clear about what the cause of your injury is. For example,
- If the injury was caused by a co-worker (who is not management) or by a customer or client, then you are more likely to have your application for compensation accepted.
- If the behaviour that caused your injury was management action, is it reasonable? (i.e. would any other employer likely behave the same way? Would it be considered normal disciplinary action?)
- If management did become involved after a co-worker bullied you, it is important to consider whether the injury had already arisen before the reasonable management action occurred. If you had already sustained the injury before manager acted reasonably, then you are more likely to have your application accepted.
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Evolve Legal is 100% backed by the prestigious commercial law firm, Ramsden Lawyers. All documents are subject to strict quality control from our experienced, injury lawyers.
Free Consultation
Our team of personal injury lawyers, located in the Gold Coast, Brisbane and Sydney offer a free 30 minute consultation, whereby we are able to understand your case, and create an action plan based off your individual needs.