Work Cover Claims
If you’ve suffered an injury or illness at work, our team of personal injury lawyers can help you claim the compensation you deserve.
Is my case covered by statutory rights or common law rights?
As a worker in Queensland, you’re covered by WorkCover Legislation.
This means you have statutory rights and can pursue compensation if a workplace accident or related circumstances (e.g. travelling to/from work) causes you harm. If your claim is successful, you’ll be assessed in a medical assessment tribunal and then receive an amount (often a lump sum) based on:
- Your medical expenses
- Your lost wages.
However, if your injury occurs due to your employer’s negligence, your claim may fall under common law. This means pursuing a case against WorkCover, as the insurer of your employer, which can often provide you with more comprehensive compensation than a statutory agreement.
In a common law case, you’ll be able to claim compensation for:
- Pain and suffering
- Future medical expenses
- Lost income (both past and future).
It’s important to understand that accepting a WorkCover statutory offer will usually result in the loss of common law rights. We strongly recommend taking the time to contact us so your decision will be made with all the information you need to ensure your rights are protected.
What types of injuries can I claim?
Whether a particular injury entitles you to make a claim will depend on the severity of the injury, along with other factors. Please contact us for a free consultation to determine your eligibility.
It’s also worth noting that you may be able to make a claim for:
- A pre-existing condition or injury worsened or exacerbated by your work (e.g. asthma).
- An injury sustained during a work break (e.g. during lunch).
- An injury sustained while travelling to or from your workplace.
Essentially, if your injury or illness can be reasonably connected to your employment, there’s a chance that you’re entitled to make a claim. Call us on 1800 435 754 to confirm this.
Work Accidents Frequently Asked Questions
WorkCover (also known as worker’s compensation cover) is a form of protection that is designed to compensate employees if they sustain an injury at work or become unwell as a result of the tasks carried out on the job. Generally, WorkCover includes the cost of lost wages and medical expenses for the employee who sustained an injury during their employment. WorkCover Queensland is the primary provider of accident insurance for work-related injuries. The goal of WorkCover Queensland is to work with you, your employer, and medical practitioners to help you recover from an injury and receive the compensation you require.
As with any injury compensation claim, there are strict deadlines around making a claim for a work-related accident. The Workers’ compensation law requires you to report work-related injuries to your employer within approximately 30 days following the accident. Each state has differing timelines, so it is best to seek legal advice straight away.
The amount of compensation you may receive following an injury in the work place will depend on many factors which may include the length of time you are certified as unfit for work, the date of the injury, the length of the claim, your normal weekly earnings and the amount of income lost as a result of your injury.
Depending on your case and the severity of your injuries WorkCover Queensland may provide weekly compensation for lost wages, medical and rehab expenses, death benefits and funeral expenses or return to work support. The level of compensation and the duration of payments will vary depending on the length of time you are certified as unfit for work, the length of the claim, normal weekly earnings, and the injury date.
It is recommended you seek legal advice before making a claim with WorkCover Queensland. A legal advisor will work with you to determine the best course of action for your injuries. Once the best course of action has been identified a claim can be made and it will be allocated to a WorkCover Queensland claims representative to be determined.
Common law claims are generally lodged by workers who have sustained a work-related injury (usually via their lawyers) who allege their injuries were caused by their employer’s negligence. If a court finds the employer liable, they will order damages be paid to the worker by WorkCover (the employer’s insurer).
After an obligation-free chat with one of our personal injury lawyers, we’ll be able to give you a better idea of what you might be entitled to. Call us today on 1800 435 754 to discuss your potential case, or at any time during your claim for professional advice. Our specialist personal injury lawyers work on a ‘no win no fee’ basis.
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