Know Your Rights with Workplace Accidents
Check your rights & entitlements. Get a free case review with our team using this form or call 07 3221 8000.
If you have been injured at work, you may be entitled to benefits through WorkCover for loss of wages, medical expenses and rehabilitation costs. Importantly, you may also be able to claim damages if your injuries were caused as a result of negligence by your employer. For example, the negligence may involve an unsafe system of work, unsafe equipment, or an unsafe work environment. It can also cover the negligent actions of a co-worker. You may even be able to claim damages if you suffered injuries on someone else’s premises.
There are however time restrictions for lodging an application for WorkCover benefits. It is important to note if there has been negligence on behalf of your employer, you may be able to obtain more compensation via a Common Law claim than through the usual statutory process.
There are, however, time restrictions for lodging an application for WorkCover benefits or a Common Law WorkCover claim. We are able to assist you with your application. You need to contact us as soon as possible so we may protect your legal rights and discuss your entitlements.
Workplace injuries can range from catastrophic to strains and sprains, including repetitive strain injury (RSI).
If you’ve been injured at work, due to the negligence of an employer or co-worker, The Lawyer can help you obtain all the workers’ compensation bene ts and damages to which you are legally entitled.
We can help with advice about:
- Entitlement to damages claims
- Lump sum compensation entitlements
- Payout offers you may have received
- Making WorkCover claims
- Rejected compensation claims
- Terminated compensation benefits
Under a statutory claim, you can apply for workers’ compensation benefits regardless of who or what caused the work-related injury within 6 months of the injury*. Benefits under this ‘no fault’ system may include hospital and medical expenses, lost wages, travelling expenses, rehabilitation treatment or a lump sum compensation payment for permanent impairment.
*If the 6 months has passed contact your Lawyer to discuss your options.
Common Law Claims
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.
We want you to understand the legal process, step by step.While each claim is unique, the process will generally follow the below distinct stages:
Once your claim has been successfully settled or judgement has been given in a court, we arrange for you to receive the funds to which you are entitled, and arrange for payment of your legal fees. Should the claim not be successful, The Lawyer does not charge you for legal fees or disbursements.
The actual time taken for a negotiated settlement to be reached will depend on the facts and complexity of your case. Claims that go to the courts will take longer and be subject to the schedules of the court.
Most cases settle before they get to court. The reason is simple. We assess each case very thoroughly, and we only advise clients to pursue compensation or damages when there is a clear likelihood of a successful outcome.
With a young family to support Louise rang a Lawyer to discuss the circumstances of the accident. It was identified that the employer failed to maintain a safe work environment which caused Louise’s injury. Following this, a specialised Workplace Injury lawyer called Louise to discuss her situation further and arrange a time to meet for her initial no obligation consultation.
After the consultation it was agreed that the Lawyer would commence working on her case to ensure she was fairly compensated. Louise underwent medical examinations, physiotherapy and lastly surgery on the injured shoulder. Fortunately, Louise was able to participate in a Return To Work Program and eventually returned to work on a full time basis but was unable to perform any overtime. As a result of this inability to take on overtime she was overlooked for a promotion.
Several months later Louise was still having difficulties performing at work with her injuries so she decided to undertake a TAFE course securing a new employment position that was less strenuous. With the change of employment Louise was able to continue full time work in her new role.
The claim continued against her former employer resulting in a large compensation being awarded.