Don’t let a workplace injury set you back
Did you suffer an injury or illness on the job that’s left you out of work and struggling to pay bills? Your safety in the workplace should be put first at all times. For times where it hasn’t, you may be entitled to compensation.
It’s likely that WorkCover Queensland will manage your claim if you are seeking injury compensation for an accident:
- In the workplace
- Travelling to or from work
- At a work-related function or event
The Personal Injury Lawyers are experienced in dealing with WorkCover QLD for common law payouts which means we can help with any questions you may have.
How can workplace injury lawyers help you make a claim?
Most employees know about WorkCover, but the process of actually lodging a claim after you’ve been involved in a workplace accident can feel quite complicated.
As an injured worker, you you may not fully understand your obligations when making a claim or how much compensation you could be entitled to. Some people may choose not to lodge a WorkCover claim at all which will only make their recovery even tougher as they endure the financial hardship that comes with a workplace accident.
When you’ve suffered any work-related injuries or illnesses, having expert legal guidance can help ensure you are getting the fair compensation you will need. We will help you through every step of the process as you lodge your claim and fight to get you the best WorkCover compensation payout.
Click to read or download our WorkCover claim information and tips guide.
What should I know when making a WorkCover claim?
The first step after you’ve been injured at work or because of work is to see your doctor and get a workers compensation medical certificate. Ensure you keep as much information as possible about your workplace accident and any resulting injuries. You’ll need to tell your employer about the incident and give them a copy of your medical certificate within 30 days of your injury or your WorkCover claim could be rejected.
There are 2 types of claims you can then make through WorkCover:
- statutory (no-fault) claims
- common law claims (where the employee seeks common law action through the courts against their employer).
All WorkCover claims in QLD first need to be lodged as a statutory (no-fault) claim. Compensation for a statutory claim is paid regardless of who was at fault for causing the injury. This is paid as a percentage of your weekly wage according to the WorkCover QLD table of costs and can also cover any medical expenses for your injuries.
When you make a common law claim, you are suing your employer for not providing a safe work environment which you believe contributed to your accident. It is up to you to prove that this negligence caused your injury, pain and suffering, and loss of income. Generally, you can only make a common law claim after a statutory claim has been lodged.
The claim form lodgement process can be long, so it’s important to follow up on it. It should only take 20 days for a decision to be made about your claim, but in instances where a claim is more complex, it can take longer. If this is the case, you will be alerted by a Workers’ Compensation Regulator with the reasons as to why this has happened.
If you are considering making any type of claim through WorkCover Qld, you should contact our expert workplace injury lawyers to ensure you understand your rights and the time limits for the claim process. Based in Brisbane and the Gold Coast, The Personal Injury Lawyers have helped clients across QLD to get the best WorkCover payment rates.
Useful hints & tips for WorkCover compensation payout
It can be an extremely stressful time after you’ve suffered any type of work related injury. The Personal Injury Lawyers are here to help you navigate the complex legal process with some useful tips and tricks to strengthen your compensation claim.
- Get referred to treating specialists to guide the WorkCover claims officers
- Do not perform paid or unpaid work without telling WorkCover
- Report all injuries to your General Practitioner
- Ensure all injuries are listed on your Workers Compensation Medical Certificates
- Do not let your Workers Compensation Medical Certificates expire. Always have a valid certificate
- Do not perform duties in excess of the restrictions listed on the Workers Compensation Medical Certificates and/or a Suitable Duties Plan
- Request a worksite assessment by an Occupational Therapist to produce a suitable duties plan for any return to work
- If you are not coping with your return to work duties, return to your general practitioner and/or specialist for review
- You can access adjustment to injury counselling through WorkCover QLD without a psychiatric injury being accepted
- Only a psychiatrist can diagnose a psychiatric injury
- See your General Practitioner regularly
- Perform the home exercises given to you by your physiotherapist
- You are entitled to a second opinion
- You may claim travel where the kilometres travelled are greater than 20km
WorkCover QLD is not the only insurer for workers compensation
WorkCover QLD was established to ensure that all employers in the state are able to meet the compensation entitlements for their injured workers, but it is not the only workplace insurance provider. Some companies are licensed as “self-insurers” which means any workers compensation claims will be managed under their own scheme. These are usually large organisations with the capacity to meet the expense of running their own workers compensation schemes under the relevant workers compensation legislation in QLD.
The Personal Injury Lawyers can help if you are unsure about where to direct your claim for workers compensation. Contact our specialist workplace injury lawyers today.
How much does WorkCover pay for a workplace injury?
Deciding whether it is worth making a WorkCover claim can feel like a complicated decision, but you have nothing to lose and everything to gain. As many people have found after suffering a work accident, your finances can quickly spiral out of control. You will need to claim compensation as you try to balance the cost of your rehabilitation with the loss of income from needing time off work.
Exactly how much WorkCover pays varies widely depending on your situation and the extent of your injuries or illness. The initial WorkCover payment rates are based on your pre-injury weekly income. You will receive WorkCover payments equal to 85% of your normal weekly earnings for the first 26 weeks then 75% after that for up to five years. WorkCover also pays for medical, hospital and rehabilitation expenses while you recover.
Payment of weekly benefits will stop when an injured person goes back to work, receives an offer of lump sum compensation, or chooses to pursue further damages by making a common law claim. WorkCover QLD common law payouts are based on your degree of permanent impairment. That means a workplace injury which has a significant ongoing impact on your everyday life will be awarded a higher compensation payout.
At The Personal Injury Lawyers, we take pride in achieving positive outcomes for all of our clients. To help you better understand how much other people were awarded for their injury compensation claims, we have compiled some real life compensation case studies. These include WorkCover payout examples which may have included similar injuries to yours.
We also have a WorkCover Calculator to help when you are first looking to make a personal injury compensation claim. It is similar to the WCRA calculator which is used in the US and is a great tool to gauge WorkCover compensation payouts. It is free to use and there is no obligation to pursue a compensation claim afterwards.
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With The Personal Injury Lawyers, your compensation claim is in great hands
The Personal Injury Lawyers are long term and proud members of some of the organisations and groups below. Each work accident lawyer cares deeply about the work we do, our staff and who we associate with.
If you are looking for the best rated compensation lawyers in Brisbane, or work related injury lawyers on the Gold Coast, or anywhere in QLD, then you’ve come to the right place.