Let us help you with your WorkCover claim and workers compensation payout guidance
Based in Brisbane and the Gold Coast, The Personal Injury Lawyers has a team of specialist work related injury lawyers servicing all areas across QLD.
If you have had a work injury, or an accident on the way to or from work, then you may be able to claim workers compensation, (commonly referred to as ‘workers comp’).
This is designed to protect people who have been injured through the course of their employment.
How much compensation will I get for my workplace injury?
Bills, rehabilitation costs, and potential financial loss can quickly add up
As many people have found after suffering an accident at work, your finances can quickly end up in the red. Trying to source an understanding of a fair workers compensation estimate is near impossible without specialist help.
You will need to claim compensation as the cost of rehabilitation, potential financial loss and more can quickly add up.
For anyone dependent on a regular income, that makes seeking compensation for a personal injury with the assistance of an experienced work accident lawyer, essential.
You’re welcome to call us for help, or use the Workers Compensation FAQ we’ve provided below.
The answers have been supplied by our work injury lawyers in Brisbane and Gold Coast who service all areas across QLD.
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Workers compensation claim services
Have you been injured at work? Has your employer been negligent? Are you seeking a compensation claim payout for a personal injury, like a back injury, that you incurred in the workplace?
Injuries sustained at work
Work-related illnesses such as stress at work
Pre-existing conditions that have been worsened through work-related activities
Am I eligible to make a work injury accident compensation claim?
The Personal Injury Lawyers are specialists who have years of experience supporting their clients to get the best QLD workers compensation rates possible. Your eligibility to claim workers compensation in QLD will depend on the circumstances of your personal injury.
For your injury at work claim to be considered legitimate, it must meet the following requirements:
Your injury or illness is work-related
Your employer has workers compensation insurance (in Australia, nearly all employers are legally required to have this insurance)
You are an employee of the organisation you intend to make a claim against (or were an employee at the time you were injured)
What does a workers compensation claim cover?
Workers compensation is designed to cover all out-of- pocket expenses related to your injury, including:
Ongoing healthcare costs (such as rehabilitation)
Permanent impairment benefits
How do I make a compensation claim for a workplace injury?
We’re here to help you set the wheels in motion as starting a compensation claim can be arduous.
So if you’ve sustained an injury as a result from a work accident, be sure to notify your employer immediately. Making an official record of your injuries is extremely important if you intend to take legal action.
Seeking medical treatment is also an essential step in the claims process, as your medical records may be needed as evidence.
Workers compensation cases can involve complex legal processes. If you’re struggling to make sense of the legal system, chat, call or email our experienced accident compensation lawyers and we will be happy to help with any questions you may have about your personal injury compensation claim.
As strict time limits apply to accident compensation claims in Queensland, including workers compensation claims, it’s crucially important to lodge your claim as soon as possible.
Speak to our work injury lawyers, Brisbane and Gold Coast-based specialists who can also assist in all QLD matters and are here to help in complex worker compensation law.
Frequently asked questions for work injuries & getting workers compensation
If you have suffered a work related injury, had an accident on the way to or coming from your work, you may well be entitled to work injury compensation (workers comp). If you have a contract with an employer, then in most cases you can make a claim for accident compensation.
Claims can be complex and you will very likely need a workers compensation lawyer.
The following types of workers can claim workers compensation:
- Full-time employees
- Part-time employees
- Casual employees
- Self-employed workers (in some cases)
- Spinal injuries
- Industrial deafness
- Crush injuries
- Illnesses(such as cancer or respiratory conditions like silicosis)
Strict time limits apply to all workers compensation and personal injury claims. To avoid missing any important cut-off dates, try to begin the legal proceedings quickly.
We advise that you bring proceedings as soon as possible after any impairment assessment by the workers’ compensation insurer, or when you are advised that your injury is being assessed for degree of permanent impairment.
The Workers’ Compensation and Rehabilitation Act 2003 and associated regulations govern the awards of damages in relation to injury at work claims in Queensland. Navigating the provisions of this legislation can be quite complex and it is therefore important that you obtain legal advice with respect to what compensation entitlements you may have under such legislation.
The amount of work your case requires will determine its total cost. Keep in mind that even if your injury compensation claim accrues a significant amount of legal fees, you won’t have to pay any of those fees if you aren’t awarded compensation, thanks to our no win no fee guarantee.
If your accident at work claim is successful, your legal fees will come out of your compensation. However, you will always be awarded the majority of damages.
Take a look at some of the steps you should take if injured at work.
Most personal injury and workers compensation claims are settled before going to trial. But if you do end up in court, your workplace injury lawyer may be able to attend on your behalf.
Even if you’re required to appear in person, being accompanied by legal representation can make this experience less daunting.
Every case is different as injuries affect people in different ways, and there are so many varying occupations, earning capacities and opportunities for advancement and increased wages etc.
Some injuries may not impact on a person’s employment as much as another’s, whereas, some injuries, although considered minor injuries, may impact more on an occupation that one would think would be the least impacted.
The circumstances of each claimant has to be looked at very carefully when assessing past and future economic loss – which we can do for you, and there is no cost to assess your claim.
The insurer of your employer will most likely pay for your workers compensation.
Damages can be delivered either directly from the insurer, by the employer or through a workers compensation regulator.
You don’t need to, but seeking legal advice from a workers compensation lawyer is recommended. These are just some of the benefits associated with having a workplace injury lawyer handle your case:
- Free consultations – Before taking legal action, we can have one of our experienced lawyers review your case during an obligation-free consultation.
- Timely legal action – Many people who choose to represent themselves aren’t aware of the time frames associated with workers compensation cases. It’s a work injury lawyer’s job to make sure your claim is lodged on time.
- Insurance expertise – Allowing your workers compensation lawyers to negotiate with the insurance company can provide you with easier access to compensation.
Workers compensation can be difficult to recover if your employer’s insurer is unwilling to pay a fair amount of damages.
Even if this proves to be the case, the Personal Injury Lawyers will do everything we can to solve any difficulties that arise during the workers compensation claims process.
You can also find out more about what happens when your WorkCover claim has finished, and what to do if you cannot return to your job.
Each claim is different, making it impossible to forecast how long it will take for your case to be resolved.
If you’re expecting to receive damages overnight, keep in mind some claims can take several months to settle.
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If a member of your family has died in a workplace accident, you may be entitled to claim damages under WorkCover.
The Personal Injury Lawyers can provide you with legal advice if you intend to make this kind of claim. Questions? Contact us and we’ll be happy to help.
If you aren’t awarded any compensation, you won’t have to pay any of your legal fees.
However, you may have to cover the legal costs of the person you made a claim against.
If you’re concerned about this aspect of taking legal action, we can make sure you’re aware of the risks involved. Speak, chat or call our accredited workers compensation Lawyers as they can explain more about personal injury claims payouts.
To discuss your workers compensation claim with The Personal Injury Lawyers, call us on 1800 958 498, or fill in the free claim assessment form today.
If you have been injured in a work accident or an accident on your way to or from work, or during a work break, you may be entitled to compensation or common law damages, or both.
We have won compensation for injured workers from many different industries for a wide range of work-related injuries.
Some of the types of injuries we have helped secure compensation for clients include:
- Neck and back injuries
- Whiplash injuries
- Shoulder injuries
- Upper and lower limb injuries
- Carpal Tunnel Syndrome
- Electrocution injuries
- Head and Brain injuries
- Neurological injuries
- Burn injuries
- Soft tissue, strain and sprain injuries
- Repetitive strain injuries
- Internal injuries
- Hernia injury
- Chemical and asbestos exposure
- Industrial Deafness
- Foreign body injuries
- Eye injuries
- Amputation injuries
- Crush injuries
- Psychiatric and psychological injuries
- Dependency claims in cases of fatal accidents
- And many more
Yes! A work injury does not just mean suffering physical harm in the workplace. For example, a work injury can be stress-related whereby you are suffering symptoms of depression, anxiety and sleeplessness.
People sometimes think that because they have suffered what they consider to be a simple or minor injury, such as a whiplash or jarring injury which seems to improve in the weeks or months after the accident, that it is not worthwhile making a claim or there is no need to claim.
Unfortunately, what often appears to be a simple whiplash injury or strain can end up being quite debilitating. For instance, whiplash injuries to the cervical spine (neck) can result in recurrent headaches or migraines, recurrent muscle spasm and ongoing pain and restriction in the neck, upper back, shoulders and arms.
Similarly, a whiplash or jarring injury to the back can result in long-term lower back issues, with problems sitting, standing or walking for extended periods of time and ongoing back pain and stiffness. What is thought at first to be a minor shoulder injury can result in the need for surgery, or frozen shoulder syndrome. Sometimes, the extent of the injury is not seen until many months or even years after the accident and can deteriorate over time.
This can be very debilitating on everyday functioning and employment, making it crucially important to seek compensation payouts for any back injury sustained at work.
Make sure you take the steps required to protect yourself if you have suffered any work accident injury, even if you consider it to be a simple or minor injury, as this may not be the case in the future.
Please note time limits apply to your claim.
If you have sustained a workplace injury you may be entitled to the following payments, irrespective of fault or responsibility:
Workers’ Compensation Benefits (also known as WorkCover Benefits or Statutory Benefits) which can include:
- Medical and Rehabilitation Expenses
- Wage Benefits
- Lump Sum Compensation
As well as Common law damages for:
- Pain & Suffering
- Loss of past and future income
- Past and future medical and rehabilitation expenses
- Paid care and assistance
- Loss of past and future superannuation benefits
You should also be aware that:
- If you have sustained an injury whilst travelling to or from your workplace then you may have rights to claim Workers’ Compensation as well as other rights to compensation at law, ie. in negligence, trespass, motor vehicle accident claims, public liability claims etc.
- Even though you may be termed an independent contractor, contractor or sub-contractor by the party engaging your services when your work injury occurred, it may very well be the case that you have the right to claim Workers’ Compensation Lump Sum Compensation or Common Law damages, or both, as a “worker” under workers’ compensation legislation. See our article on who is considered a “worker” in Queensland workers’ compensation claims, pursuant to recent legislative amendments: Worker v Independent Contractor
- Your normal weekly earnings also apply.
Injuries affect everyone in different ways. A minor injury to some, may impact on another person to a much greater extent. This means, for example, that compensation payouts for a back injury will vary from person to person and case to case.
The purpose of a Common Law payment in a personal injury compensation claim is to compensate an injured party for the loss and damage suffered as a consequence of the injury.
- The more the injury or injuries impact upon your pre-accident lifestyle and employment, the more compensation you will receive.
- Because of the subjective nature of compensation payments for personal injury claims in Queensland, it is not possible to state a specific compensation amount for a certain injury.
- It will depend on what loss and damage you suffer because of that injury.
- Some of the more dominant factors that impact upon damages or compensation payments are the extent of the injury or injuries sustained as well as age, occupation, recreational interests and health of the injured party at the time of the accident occurring.
To give you an idea of what types of damages or compensation payments are being made in Common Law Claims for work injuries in Queensland, we have obtained the following data from QComp or Workers Compensation Regulator. This is the body that regulates work injury claims in Queensland:-
- There were 2986 new Common Law claims brought by injured workers in Queensland in the 2015 financial year;
- Average gross damages payment per claim was around $200,600;
- Where injury was rated at 0% impairment by Workcover — Common Law payments averaged around $160,000 to $260,000 (based on a cross-section of claims in the 2013 financial year);
- Where injury was rated at 5% to 10% impairment by WorkCover — Common law payments averaged around $213,000 to $468,000 (based on a cross-section of claims in the 2013 financial year);
- The average claim duration during the 2015 financial year was around 13 months.
Please note that these are average damages payments only and every case is different. For example, The Personal Injury Lawyers case summary database provides the case where a worker achieved $1.052 million damages for an injury assessed by WorkCover at 0% impairment: Austin v Parmalat Australia Ltd (2013)QSC 227.
Of course, in cases of very serious injury and catastrophic injuries such as brain injury, paraplegia or amputation for example, compensation will be much higher than the figures discussed above. Extremely serious injuries will most likely result in compensation payments totalling millions of dollars.
(Work injury claim data for impairment assessments at 0% and 5 to 10% referred to above was taken from a cross-section of claims published in the Regulator’s 2015 Annual Report).
For Catastrophic Work Injuries, Is There an Entitlement to Lifetime Care and Support Under the NIIS?
The National Injury Insurance Scheme or NIIS, started in Queensland on 1 July 2016.
The purpose of the scheme is to meet the medical and care needs of those who suffer catastrophic injuries in accidents, whether through a motor vehicle accident, work accident, medical malpractice or some other form of accident.
- Medical expenses;
- Rehabilitation expenses;
- Ambulance transportation;
- Prosthetics, aids and appliances;
- Care, including respite, attendant and domestic;
- Education and vocational training;
- Home and vehicle modifications.
How much compensation did other people get awarded for their injuries?
To help you understand more how much other people were awarded for their compensation claims, (who may have similar injuries to you) we pulled together some helpful, real life personal injury payout examples..
These include compensation for injury at work as well as car accident injuries, workplace injury and slips, trips and falls. You may have suffered an injury that means that you can’t return to work. We assess the type of injury that you have suffered and will look at current medical reports, the costs of your future medical treatment, along with important factors such as whether you are left with a total and permanent disability.
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.