An injury sustained at work (or travelling to and from work) can be a traumatic experience for an individual, especially if they have a family to support.

There are many fears that may arise from this situation, such as whether your employment may be terminated after reporting your injury or whether it is worth making a claim.

The law regulating compensation for work injuries is complicated, so it is important to speak with an Injury Compensation Lawyer as soon as possible after suffering a work injury.

A worker will most likely be able to obtain compensation for their work injury if they were injured at the workplace or while undertaking employment duties, and their employment was a significant contributing factor.

All employees who perform work under a contract of service for an employer, whether full-time, part-time or casual are entitled to compensation for time off work and payment of medical expenses associated with their injuries.

If your employment does not fall within any of these categories you may not be a “worker” under Queensland legislation. In this case contact an injury compensation lawyer for advice on your entitlements.

If you were travelling to or from work and you sustain a personal injury (eg a car accident), you are also entitled to receive compensation.”

If you are injured at work you should lodge your application for compensation within 28 days to avoid losing compensation. However, your application can be lodged up to six months after the accident.

The law regulating compensation is complicated, so it is advisable to consult an injury Compensation Lawyer as soon as possible

As soon as practical, you should:

  • Report your injury to someone at work, eg. your manager or supervisor
  • Establish if there are any witnesses to your injury
  • See a registered medical practitioner (you will need to ask for a Workers’ Compensation Medical Certificate)
  • Contact Car Crash Injury Qld about your compensation alternatives

Specific procedures must be followed and strict time limits may apply to your claim.

Even if you believe your status was as a contractor when you sustained your injury, it may be the case that you were in fact an employee and entitled to compensation for your injury.

Contractors are also entitled to be compensated for injuries they have sustained due to the fault of another.  However, special rules apply and your claim will be governed by the Personal Injuries Proceedings Act 2002.

We recommend that you speak with an Injury Compensation Lawyer for advice as to your rights.

All employers in Queensland are legally required to insure their workers to cover the cost of compensation for work related injuries.

Most employers have insurance through WorkCover Queensland but some larger companies may have their own workplace compensation insurance.

The workers’ compensation insurer will have responsibility for both compensation claims and damages claims.

If your application for compensation is approved by the workers’ compensation insurer the benefits you receive will depend on the type of injury you have and may include:

  • A weekly compensation payment (paid fortnightly)
  • Medical and allied health (eg. physiotherapist, chiropractor, osteopath) costs
  • Hospital costs
  • Travel costs
  • Rehabilitation costs

The workers’ compensation insurer will usually pay for your expenses and lost wages until you are certified fit to return to work or your injuries have reached a level of maximum medical improvement.

Once your injuries have reached maximum medical improvement, the insurer will arrange for your injury to be assessed for any permanent impairment. If your work injury results in a permanent disability, the workers’ compensation insurer may offer you lump sum compensation.

If you accept a lump sum payment your decision is final and all other payments cease and your entitlement to claim for damages at common law may also cease – so it is important to speak to our injury compensation lawyer first before you make any decisions on a lump sum offer.

You may be entitled to apply for review of the decision of the Workers’ Compensation Insurer and/or The Workers’ Compensation Regulator. Please contact an injury compensation lawyer to discuss.

Time limits apply and so we recommend that you do not delay.

If you believe your injury was caused because your employer did not take reasonable care for your safety and was negligent in its duties, you may claim common law damages against your employer.

If you claim for common law damages a Judge will consider your particular circumstances such as pain and suffering, loss of future earnings and loss of enjoyment of life.

For this reason, common law damages are often considerably higher than the statutory compensation benefits received from WorkCover or other workers’ compensation insurer. If you wish to claim common law damages, contact our injury compensation lawyer to discuss your entitlement to bring a common law claim.

A damages claim can be made after a worker has been assessed for permanent impairment and a Notice of Assessment is issued.

There are certain thresholds in Queensland which must be met to make a damages claim and for this reason it is essential that you speak to an injury compensation lawyer to explain your rights as to whether you have a damages claim, before accepting any lump sum offer in a Notice of Assessment.

If you accept a lump sum offer in a Notice of Assessment, then you may be barred from making a damages claim.

As part of your damages claim, you can claim for:-

  • Damages for pain and suffering (loss of enjoyment of life)
  • Past and future loss of wages and other income, including superannuation
  • Paid services for household assistance i.e. cleaner, gardener, ironing aid, car detailer, pool cleaner etc
  • Past & future out of pocket and medical expenses such as medications, medical treatment, rehabilitation, physiotherapy, surgery, ergonomic equipment aids.

Injuries affect everyone in different ways. A minor injury to some, may impact on another person to a much greater extent. The purpose of compensation is to compensate an injured party for the loss and damage they suffer as a consequence of the injury. The more the injury or injuries impact upon your pre-accident lifestyle and employment, the more compensation you will receive.

Because of the subjective nature of compensation payments for personal injury claims in Queensland, it is not possible to state a specific compensation amount for a certain injury. It will depend on what loss and damage is suffered because of that injury.

Some of the more dominant factors that impact upon compensation payments are the extent of the injury sustained as well as age, occupation, recreational interests and health of the injured party at the time of the accident occurring.

Every claim is unique in its circumstances, injuries and losses suffered. This makes it difficult to accurately predict the amount of compensation that an injured person will receive. It is important to speak to an experienced Injury Compensation Lawyer for legal advice to protect the rights of you and your family.

Generally, you must bring a compensation claim within 3 years of the accident date. However, there are certain exceptions, such as over a period of time claims, where time limits may be shorter.

It is important that you protect the rights of you and your family by speaking with an injury compensation lawyer as soon as possible.

Our firm operates on a *No Win No Fee basis

Please contact our Personal Injury team for more information.

*conditions apply

Contact one of our Personal Injury team on 07 4122 1500 or complete the case review form now.