What is involved?
If you have suffered a work-related injury or illness, you may be able to claim worker’s compensation for your injuries.
In Queensland, the primary method of making a claim is through WorkCover. This is known as a statutory claim, and this can be done either by submitting an online claim, posting a claim form to WorkCover, or calling their telephone line for assistance on 1300 362 128. If your employer is a self-insurer, you will need to make a claim through them.
Under the Workers Compensation and Rehabilitation Act 2003, the following considerations will be made when assessing the outcome of a WorkCover claim:
– ‘Has the claim been made in the right timeframe?
– Was the person claiming working for the employer when they were injured?
– Is the person claiming considered to be a worker?
– Did a work-related incident cause the injury?
– Was the person’s job a significant contributing factor to their injury (this means a large part of the cause)?’
– Source: Claim process | WorkSafe.qld.gov.au
If WorkCover deems your claim successful, they will offer you payments and support, and possibly a lump sum payment in consideration of the degree of permanent impairment relevant to your injuries. If you are unsatisfied with your claim outcome, you can seek a review under the Workers Compensation Regulator. Additionally, you may choose to defer or not accept the statutory WorkCover payment offered to you. You may then be able to make a common law claim.
Where we come in
A common law claim for Worker’s Compensation is legally complex and should be handled by a solicitor representing you.
To make a common law claim, the necessary element of negligence, contributed by your employer must have occurred. This means that you must establish your employer breached their duty of care
to you, which caused your injury or illness and, in most cases, subsequent loss of income.
In Queensland, there are strict time limits which apply to how long you have to make a claim. At QLD Law Group, our legal experts can advise you of these time limits and assist you to navigate this legal
process while you are on your road to recovery.
If you have been injured at work and need assistance with a common law claim, call us today for a chat on 3221 8000
or visit our website for more information at Injury Law | QLD Law Group