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.
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:
An injury can include:
Many people, particularly when they are entitled to compensation, cannot afford to pay for a lawyer or for experts to provide medical reports and other evidence. Often while trying to recover from an injury at work, the claim process can seem overwhelming. And most workers don’t even know where to start.
To improve access to justice, we offer No Win No Fee cost arrangements. This means that if we do not get you a compensation pay out for your personal injury claims, then you don’t need to pay our legal fees. Therefore, you can obtain legal advice without the worry of trying to pay for it while you are recovering from your accident, injury or illness.
We offer a NO OBLIGATION INITIAL CONSULTATION to find out if you have a valid claim for compensation.
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.
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.
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.
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,