Most claimants start with a statutory claim and move on to a common
law claim, if their employer is at fault.
Common law claims must be lodged within three years from the date of the injury, and damages can include payments for past and future loss of income, treatment and other expenses, and pain and suffering.
Your employer is insured for the cost of these claims by WorkCover Queensland; or some large employers have their own self insurance.
If negligence by other parties has contributed to your injuries, as in the case of an accident caused by faulty equipment supplied by a third party, they may be required to contribute to your damages claim.
However, if you contributed to your own injuries, for example, by not following safety instructions, the amount of damages may be reduced.
Most importantly, you should obtain advice from The Lawyer before signing any documentation or responding to any settlement offer from the other party, or you may lose your right to claim damages.
You should contact us as soon as possible after the injury, because strict time limits apply for making a claim.