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Workers’ Compensation Claims

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You have the right to pursue compensation

Workers Comp Lawyer & Workcover Claims

Have you been involved in an incident in the workplace that has left you unable to work? If you’ve had an accident in the workplace, or if your health and wellbeing have been affected as a result of your job, you may be able to lodge a workers’ compensation claim through WorkCover QLD.

The workplace injury lawyers at Seymour Furlong Lawyers in Brisbane and Southeast Queensland, can help. As a No Win No Fee personal injury law firm, we have specialist lawyers who assist with workplace injury claims and provide trusted WorkCover legal advice.

Your WorkCover claim can include any injuries you sustained in the workplace or as a result of your job. This includes any pre-existing injuries, illnesses and diseases that have been worsened by your presence in the workplace.

With the help of an experienced workers comp lawyer, you can make a claim through WorkCover for loss of wages, medical expenses and rehabilitation costs. Lump sums can also be paid to compensate for any physical impairment caused by a workplace injury.

What is the Workers Compensation Scheme?

The Workers Compensation Scheme is a type of insurance that provides payments and other benefits to workers who are injured at work or who contract an illness at work. The scheme is administered by WorkSafe, a government agency that oversees workplace safety and insurance issues in Queensland.

Is My Employer Insured?

It is compulsory for all employers in Queensland to have WorkCover insurance for each employee to cover the occurrence of a work injury. Most employers have this insurance with WorkCover Queensland, but some of the bigger employers are self-insured, which means they have their own WorkCover insurance.

With some recent changes to the WorkCover legislation, it is important to ensure that if you do suffer from work injuries after an accident, you seek WorkCover legal advice as a matter of urgency to ensure that your rights are fully protected. Doing a workers’ compensation claim, especially against your employer can be a complicated process, but the experienced workers compensation lawyers at Seymour Furlong Lawyers specialise in WorkCover claims and are on-hand to help you.

What does WorkCover Cover Me For?

If you are injured at work, you have an immediate right to lodge a claim under the WorkCover scheme.

You may be able to claim workers’ compensation if:

You’ve had an accident as a direct result of your work
Any chronic pain as a result of a workplace injury
You’ve sustained injuries during a recess or a break
Your health and wellbeing have been affected in the workplace
A pre-existing injury or illness has worsened as a result of your work.

Injuries covered by WorkCover include everything from catastrophic injuries to strains and sprains, including repetitive strain injury.

There are two types of WorkCover claims:

Statutory (no-fault) claims
Common law claims (where an employee seeks common law action through the courts against their employer for negligence)

All workers compensation claims in Queensland must first be lodged as a statutory claim.

For statutory claims, compensation is paid regardless of who was at fault for causing the injury. Our workplace injury lawyers can advise you on lodging a statutory claim.

How to File Workers’ Compensation Claims in Queensland

The workers’ compensation scheme is a type of insurance that provides payments and other benefits to workers who have been injured or contracted an illness at work.

If you’ve been injured at work, it’s important to know your rights and how to file a workers’ compensation claim through WorkCover. We have prepared an article which details a Step by step guide to filling out a WorkCover claim in QLD.

What Can I Get Through a WorkCover Claim QLD?

Workers’ compensation will cover ‘reasonable expenses’, including hospital and medical expenses. As part of a statutory claim, you can also receive weekly payments as income replacement or lump sum compensation to make up for permanent impairment.

After a statutory claim has been lodged, assessed and you receive a notice of assessment of injury, you may also have rights to pursue a common law claim against your employer.

You can lodge a common law claim if you can prove that there was some negligence on behalf of your employer that caused or contributed to the accident or injury. This could include an unsafe system of work, unsafe equipment or an unsafe working environment. Courts may award payments (known as common law damages) that include economic loss, pain and suffering, legal costs and medical and hospital costs for common law claims.

By discussing your workplace accident with our WorkCover lawyers, we will be able to advise you about the best course of action for your workers compensation legal claim. Contact us today to learn more about your rights and find out where you stand legally with regards to lodging a claim. We offer expert legal advice and provide a No Win No fee guarantee.

How Long Does it Take to Claim?

Once you are deemed to be stable following your accident, WorkCover will assess your injury. Typically this may not happen until 10 to 12 months after the incident. However, on some occasions, it happens earlier. Generally speaking, how quickly this occurs depends on the injuries suffered and the recovery process. Your injuries need to stabilise in order to accurately assess compensation. As you wait, you may want to do an online claim check, in which you can see the status and the applicable reason for status codes.

At this stage, you may be given a lump sum offer of compensation. It is important that you obtain legal advice prior to accepting this offer to ensure that your rights are protected. If you have been offered compensation but have not sought legal advice, contact us today.

How Much Compensation Can I Claim Through WorkCover?

The amount you can claim varies from person to person and accident to accident. However, your claim will include income replacement and cover your hospital and medical expenses.

If negligence by other parties contributed to your workplace injuries, such as if faulty equipment caused an accident, then the third party may also be required to pay some of your compensation. However, if you contributed to your own injuries by not following company protocol or safety instructions, then the amount that you receive in damages may be reduced.

If your claim has been denied or if you’re unhappy with any decision made in relation to your claim, then you can appeal through the Workers’ Compensation Regulator or by phoning 1300 739 021.

You must also seek legal advice prior to accepting an offer from WorkCover. If you don’t, you may be signing away your rights. Contact us to arrange a consultation with one of our experienced workplace injury lawyers at our offices in Brisbane, Gold Coast and Sunshine Coast to discuss your claim.

Contact Trusted Workers Compensation Lawyers

If you’ve had an accident at work and are unable to return to your job, we can help. Our workers compensation lawyer have extensive experience in assisting our clients to get the compensation they’re entitled to.

Our team understands that injuries acquired from work can be stressful, both physically and emotionally. At Seymour Furlong Lawyers, we strive to make the legal process straightforward and supportive for you so that you can focus on your recovery.

Seymour Furlong Lawyers has years of experience in assisting workers’ compensation claim cases and are dedicated to helping our clients get the compensation they deserve. We offer a free consultation and also work on a no-win, no-fee basis to help you avoid any unnecessary costs. For workcover lawyers Brisbane that you can trust, contact us today!

Frequently Asked Questions

What types of workers are covered by workers’ compensation?

A WorkCover claim will cover all injured workers, including part-time workers and casual workers. In many cases, it also includes sub-contractors.

If you’re an injured Commonwealth Government employee, or an injured employee of a large national company, you can claim under the Comcare scheme.

What types of work injuries can I claim workers’ compensation for?

You can claim compensation for any workplace injury, but you can also claim compensation if you aggravate an injury, suffer a recurrence of an old injury, or find that a pre-existing injury or disease has re-emerged because of your work. For example, your employment may make an issue such as asthma worse.

You may also be able to claim if you suffered an injury during a break. You will have to prove a relationship between your employment and the injury in order to claim compensation.

How long do I have to claim for a work injury?

You should report your injury to the relevant compensation authority as quickly as possible after you become aware of your injury. This should usually happen within 30 days, and during this time you will also need to fill in a claim form and get a medical certificate.

The legal process, however, is a lengthy one, and it may take several years for your claim to be processed and settled. Your workers’ comp claim cannot be settled until all of your injuries have fully stabilised, so compensation can be accurately judged.

If you’re unsure about whether you can claim (especially if it has been over 30 days since you suffered the injury), then you should contact us as quickly as possible for legal advice. Our expert workers compensation lawyers can assist you to understand what you can and can’t claim.

How much can worker's compensation cover you for?

Workers compensation Queensland can provide weekly payments to cover your living expenses while you are unable to work due to a work-related injury Workers compensation may also cover reasonable medical expenses and costs to help you return to work safely.

Employers are required by law to carry workers’ compensation insurance.

Do you get paid super when on workers compensation in Queensland?

In most cases, worker’s compensation will cover any medical expenses and a portion of your lost wages during your time away from work. However, there are some instances where workers compensation may not be enough. If you have been injured on the job, it is important to speak with a workers compensation attorney. They will be able to help you get the compensation you deserve.

How much are compensation claims worth?

The scheme which covers work accidents in Queensland is the Workers’ Compensation and Rehabilitation Act.

In Queensland, the scheme is one of the healthiest in the country. It provides a balance and a fair system whereby workers’ rights are protected and employers are also protected, provided they have a safe and fair system of work.

It serves all workers as protection to ensure that employers do not provide them with an unsafe system of work. Provided employers adhere to standards and provide a safe system, then they are not penalised.

The scheme covers both relatively minor incidents right through to catastrophic claims. Quite a large percentage of workers return to work, however, they still have a right and can pursue a claim for damages even though they have returned to their work following the incident.

In terms of the amount of compensation paid for work accidents, this again varies depending on the seriousness of the injury.

The average claim payout, as noted by the Workers’ Compensation regulator, exceeds $100,000.

Claims can be made in circumstances where a worker is killed. In those circumstances, claims can be made by dependents of the deceased worker.

Resources on Workers' Compensation Claims

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