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Workplace Injury, Worker Injuries, Workers' Compensation - Lawyers, Gold Coast
Work injuries are not uncommon, and tragically can include workplace death. Injuries can happen at work, when travelling to or from work, when you are on a scheduled break or as a direct consequence of performing your duties at a location that is not your usual place of work.
If you have suffered an injury, illness or disease at work you may be entitled to lodge a claim with your employer’s workers’ compensation insurer (this will usually be WorkCover Queensland, but there are some employers who are self-insured).
A work injury may be a completely new injury, but can also include an aggravation or deterioration of a pre-existing injuries or diseases caused by your work.
You don’t need to prove that your employer was at fault to make a workers’ compensation claim. You just need to show that:
You are a worker;
You suffered a personal injury;
You suffered the injury in the course of [your] employment (there are some exceptions to this requirement, for example, if you are involved in a motor vehicle accident whilst driving to or from work); and
Your employment was a significant contributing factor to the injury.
If eligible, you may be entitled to the following statutory benefits:
Medical and hospital expenses
Rehabilitation costs
Weekly benefits for lost wages
Reimbursement of some out-of-pocket expenses such as medications and travel for appointments
Lump-sum compensation for permanent injuries.
For further assistance
Our experienced team of lawyers at Southside Legal have helped many people, just like you, seek compensation when injury has occurred at work. If you’ve experienced a workplace injury or illness, and need help with your claim or just want to have a chat to understand your rights and what will happen, give our team a call today.
Frequently asked questions
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Workers’ compensation claims
Generally, an application for workers compensation must be lodged within 6 months of suffering the injury; however, the workers’ compensation insurer can waive this time frame in particular circumstances.
For example, if the injury was sustained over a period of time and you were not assessed as being unfit for work (whether partially or totally) straight away the insurer may elect to accept the application provided it is lodged within 20 business days of that assessment taking place.
Common law damages claims
There are strict time limits for pursuing a damages claim against your employer in Queensland. You must serve a compliant Notice of Claim for Damages on your employer and its workers’ compensation insurer within 3 years.
In some cases, it is simple to identify the date the 3 year time limit commences (e.g. where the injury is suffered in a single incident on a specific date), but that is not always the case. It is therefore important to obtain legal advice as soon as possible after suffering a work injury to ensure you receive time limit advice as early as possible.
There are some circumstances under which the 3 year time limit can be altered or extended; however, this can be a complex question and we recommend you seek advice.
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There are several ways that you can make a workers compensation claim:
• Online at WorkCover Queensland
• Over the phone on 1300 362 128 (for fatal claims or where urgent surgery is required)
• By lodging a Claim Form via fax, post, through your doctor or via WorkCover Queensland’s online platform
If your employer is self-insured you will need to contact them directly to make a claim. WorkSafe Queensland maintains a list of all self-insured employers, which is located here https://www.worksafe.qld.gov.au/claims-and-insurance/self-insurance/list-of-self-insured-employers
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If your claim has been rejected you may be able to seek a review to challenge the decision.
There are a few reasons why a claim might be rejected and it is important to seek legal advice immediately upon receiving notification from the workers’ compensation insurer that your claim has been rejected.
There are strict time frames for challenging a decision to reject a claim. Generally, you will have three (3) months from the date you were issued with a written decision to reject your claim.
If your claim has been rejected you may be able to seek a review to challenge the decision.
The team at Southside Legal are experienced in challenging decisions to deny claims and have been successful in overturning decisions to get claims accepted and entitlement paid. This success has included successfully challenging decisions to deny claims for psychological injuries on the basis of the reasonable management action exclusion (refer to our page “Mental health” for more information).
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This depends on how long it has been since you were injured and unable to perform your role.
For the first 12 months after the injury your employer cannot dismiss you solely or mainly because you are unfit for your employment because of the injury.
If you have been injured within the last 12 months and have been dismissed you should seek legal advice as soon as possible.
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Unfortunately, there is no exact timeframe. It will depend on the complexities of your claim, the nature of your injuries, your treatment and how long it takes for your injuries to stabilise.
Each case is different and the team at Southside Legal will consider the details specific to your case when discussing timeframes.
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It is important to first know the details specific to your circumstances to fully advise on the benefits you will be entitled to. However, generally speaking, you may be paid an amount that is equal to a percentage of your usual weekly earnings (which decreases over time), along with payment for all reasonable medical and associated expenses.
You must satisfactorily participation in rehabilitation unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse the insurer may suspend your entitlement to compensation until you participate.
If your injury has resulted in a degree of permanent impairment you will also be entitled to lump sum compensation at the finalisation of your claim.
It is very important that you seek legal advice before accepting any lump sum compensation to ensure you do not lose the right to claim further compensation.
The benefits you are entitled to under a workers’ compensation claim are different to what you can be compensated for under a damages claim. Each claim is different and must be considered on its own facts and circumstances. In the vast majority of damages claims it will also be necessary to obtain expert medical opinion to assist in assessing the type and amount of damages you are able to claim for.