Townsville Personal Injury Lawyers are experienced in acting for people whose lives have been effected by injuries in the workplace. We understand that even a relatively small injury can sometimes have a significant impact on your ability to work.
In Queensland an insurance scheme administered by WorkCover Queensland has been designed to support people who sustain injury at work. The Scheme administered by WorkCover Queensland provides for two types of benefits namely:-
- Statutory Benefits; and
- Common Law damages.
Statutory Benefits are available, irrespective of fault, to people who sustain injury at work. This means that even if you were the cause of your own injury, you can still claim Statutory Benefits from WorkCover Queensland. Statutory Benefits include the payment of 85% of your normal weekly wage, and medical expenses you incur as a result of the injury.
Statutory Benefits provide financial support to you and assist in the provision of rehabilitation services to facilitate an early return to work.
Common Law Damages
Common Law damages are designed to compensate people who as a result of the actions of an employer or co-worker have been left with an injury from which they are unlikely to make a full recovery.
Townsville Personal Injury Lawyers have experience in acting for people who make a claim for Common Law damages against their employer and WorkCover Queensland
Contact us today on 1800 632 930 or submit an enquiry online if you wish to discuss a possible claim.
Do I have a claim?
Statutory Benefits are paid if you sustain injury at work. You do not need to establish that the employer or a co-worker was the cause of your injury.
If your injury was caused by your employer or a co-worker than in addition to the right to claim statutory benefits, you may have a right to claim Common Law damages. We recommend you obtain legal advice from this firm in relation to whether you have a right to claim Common Law damages.
Please call us on 1800 632 930 for your free assessment or submit an enquiry online.
How do I make a claim?
Injury in the workplace is relatively common and often no one is at fault.
If you have been injured at work, report the injury to your employer, complete a WorkCover claim form and have your medical provider complete a WorkCover Medical Certificate.
Copies of these documents and other useful information is available online at
Lodging these forms with WorkCover Queensland commences your claim for Statutory Benefits. WorkCover Queensland will assess your claim and advise whether your claim has been accepted. If WorkCover Queensland rejects your claim you have rights of appeal.
If your injury was caused by your employer or a co-worker and the injury does not resolve then in addition to Statutory Benefits, you may also be entitled to make a claim for Common Law damages.
To make a claim for Common Law damages:-
- WorkCover Queensland must give you a Notice of Assessment;
- You must serve a Notice of Claim under the Workers Compensation and Rehabilitation Act 2003 on the employer and WorkCover Queensland.
Drafting a Notice of Claim under the Workers Compensation and Rehabilitation Act 2003 is complex and requires the provision of significant information all of which is sworn on oath.
Townsville Personal Injury Lawyers are happy to draft this notice for you. This will ensure that your rights are protected.
What are my time limits?
There are strict time limits for making a claim for Common Law damages.
To protect your time limit a Notice of Claim which complies with the Act must be given within 3 years of the date of the accident.
Persons under the age of 18 years have until the age of 21 to give a Notice of Claim which complies with the Act.
In limited circumstances, a claim may be made outside the three year limitation period. We will provide further details in relation to this on request.
We recommend you seek legal advice as soon as possible after your accident to protect your rights.
How long does a claim take?
How long your claim will take to resolve is determined by factors including:
- Whether the WorkCover Queensland admits or denies liability;
- What investigations we are required to perform on the issue of liability, including taking statements from witnesses;
- The nature of your injuries and the extent of your injuries;
- Whether you require surgery or other medical procedures as part of your rehabilitation.
We advise claims usually take 2 years from the date of the accident before we are in a position to talk to the WorkCover Queensland about resolving your claim.
Our personal injury lawyers will provide a more accurate timeframe for your particular circumstances at consultation.
How is my compensation calculated?
The amount of your compensation depends on your injury and the impact your injury has on you socially and on your ability to work.
You can claim compensation for the following:-
- General Damages (Pain and suffering);
- Past and Future Medical expenses;
- Loss of wages and superannuation if you have been off work;
- Care and assistance provided to you by other people;
- Equipment required due to your injury such as wheelchairs, home renovations, work modifications. vehicle modifications and prosthetics.
Our personal injury lawyers can provide more accurate advice.
Please consult our team on 1800 632 930 or submit an enquiry online.
How much does it cost?
We conduct matters on a No Win No Fee basis.
You will never receive a bill from us unless your claim is successful.*
Do I have to go to court?
Going to Court is stressful and expensive.
We can usually negotiate a settlement of your claim before going to Court. We keep you fully informed during the negotiation process.
In our experience:
- over 85% of matters resolves at a Conference
- over 95% of matters resolve without going to Court