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Frequently Asked Questions

Most Common FAQ

Ten Most Common Personal Injury Compensation Claim Questions

We’ve gathered the ten most commonly asked questions in regards to personal injury compensation claims across Brisbane, the Gold Coast, QLD, VIC & NSW on this page.
We answer questions about how much compensation you may get, if you need to go to court, our fees, and more. Click the link below to see the full list.

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Do I Need To Visit Your Offices To Start A Claim?

Not at all. We strive to make all the work we do as convenient for you as is humanly possible. As Brisbane & Gold Coast compensation lawyers (and now VIC & NSW) we can visit you or you are welcome to come visit our offices. We explain more about how we’ll manage the claim with in the link below…

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What Locations Does The Personal Injury Lawyers Cover?

The Personal Injury Lawyers cover everything from Motor vehicle accident compensation claims, to work injury claims and many other compensation claims across the whole of Queensland, VIC & MSW, That means every major town and city we list on the link below…

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What Compensation Will I Get For My Personal Injury Claim?

You are entitled to make to a claim. Unfortunately you are not entitled to a particular fixed amount. This is why our Lawyers evaluate your claim using their skill and knowledge and our past claims of more than 30 years. We can then confidently make a case for what we think you should receive to cover your injuries and any future losses etc. We explain more in the link below…

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What Legal Costs Will A Personal Injury Claim Incur?

The Personal Injury Lawyers are a no win no fee injury compensation firm. This means that you don’t pay us anything at all, unless and until we win your case for you and you receive compensation or damages for your accident injuries. We go in to detail on our no win no fee guarantee and other fee questions you’ve asked us…

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How Do I Calculate Past & Future Economic Loss?

When a person sustains injury in a car accident or in the workplace (or in any other type of accident) and they bring a personal injury claim seeking compensation and damages for their injury, the legal system tries to put that person into the position they were prior to sustaining their injury, via a compensation payment.

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What Is Whiplash & What Treatment Is Best?

Whiplash is an injury that occurs due to acceleration and deceleration forces experienced at high velocities.
We explain where it happens the most, what types of issues it can cause, and how you can make a compensation claim in the link below…

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Time Limits For QLD Compensation Claims?

Yes. 

In Brisbane, The Gold Coast and all across Queensland, there are time limits that apply to making a claim for personal injuries.

These time limits are very strict and are set by Statutory law. In QLD this can vary from 1 month to 9 months or longer. VIC & NSW are wildly different.
We break them all down in the link below…

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How Much Compensation Will I Get For My Injuries?

‘How much compensation can I receive’ is a commonly asked question. However, the answer can be complex. If we can speak to then we can far better assess if you can claim at all, and give a more personalised indication.
A claim assessment is free and there is no obligation, just simply get in touch with us.

However, we’ve provided some basic tools and example payments in this page as a rough guide to help you assess what you may recieve, just click the link below to access the tools and information…

Continue reading
What Personal Injury Compensation Am I Entitled To Claim?

That answer can be complex, as each personal injury compensation claim is unique to each person, so working out the range of compensation tailored just to your injury is a considerable task of legal analysis.

However, we supply tips tools and ways to estimate this in the link below…

Continue reading
Starting A Claim & Average Payments in QLD

So how do you start a personal injury compensation claim and what do you get paid for a claim? We’ve detailed more everything in the link below…

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What Is The ISV Scale?

In short, an ISV (Injury Scale Value) is used for the calculation of General Damages (Pain and Suffering) to personal injury claims. Most commonly used for work injury claims in Queensland. What the ISV scale does is regulate the award given for certain ‘heads of damage’ which is what a person can claim compensation for. We’ve broken the subject down in to bitesized chunks in the link below…

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What Percentage Does A Personal Injury Lawyer Take?

Personal injury lawyers don’t take a percentage – they charge according to the work they perform. We explain more in this FAQ with useful links to fees, compensation case studies and more in the link below.

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How Do I Bring A Common Law Claim For A Work Injury In Qld?

Under workers’ compensation legislation in Queensland, if you have had a workers’ compensation claim, and you wish to proceed with a Common Law claim for damages for your injury, you need to be very careful what steps you take when your workers’ compensation claim is coming to an end…

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What is the 50/50 Rule?

The 50/50 Rule sets a cap on fees you may be charged for your compensation claim.
We explain in more detail how the rule applies, give examples of how the rule works and more, in the link below…

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Compensation And Costs FAQ

How Much Money Can You Sue For Pain And Suffering?

If the claim falls under the motor vehicle, workplace or public place accident legislation, the amount you can sue for pain and suffering will be capped. We explain more, give examples for different injuries and what steps you should take in the link below…

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What Compensation Will I Get For My Personal Injury Claim?

You are entitled to make to a claim. Unfortunately you are not entitled to a particular fixed amount. This is why our Lawyers evaluate your claim using their skill and knowledge and our past claims of more than 30 years. We can then confidently make a case for what we think you should receive to cover your injuries and any future losses etc. We explain more in the link below…

Continue reading
Do Terrorism Victims Have Compensation Rights?

Sadly since 9/11, terrorisim is now a more regular occurrence in our lifes. Several customers have asked us as personal injury lawyers, if they would have a right to claim some compensation to help support themselves should a similar attack happen locally and they were injured. A complex situation, but we explain how you can claim in the link below…

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What Legal Costs Will A Personal Injury Claim Incur?

The Personal Injury Lawyers are a no win no fee injury compensation firm. This means that you don’t pay us anything at all, unless and until we win your case for you and you receive compensation or damages for your accident injuries. We go in to detail on our no win no fee guarantee and other fee questions you’ve asked us…

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What Is An Offer Of Settlement In Personal Injury Claims

Basically, personal injury settlement negotiations are where the parties try to reach a resolution of the claim between themselves. This is done by exchanging offers of settlement back and forth, until they reach a satisfactory settlement.

Negotiations are tricky, and that’s where a great Lawyer and our research and processes help. We explain more about what we do, what happens in negotiations, what goes on between the parties legal representatives and more in the link below…

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Is My Compensation Payment Taxable?

No, your compensation and damages settlement payment or award is not taxable. However, where you place your money, and what you do with it can be taxable. We explain fully in the link below…

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If Bankrupt Will My Compensation Pay My Creditors?

No it will not, compensation that you receive from your personal injury claim does not form part of your estate in bankruptcy. However, we answer fully and in more detail, because when you are suddenly injured and income payment stops, issues arise. We explain based on our years of experience what is best to do and be aware of in this situation in the link below…

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Will My Compensation End Up Paying For Legal Costs?

No. The good news is that in Queensland, this just cannot happen as there is legislation to protect you and your claim. We show you examples, explain calculations and layout why this just cannot happen by law in the link below…

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If I Wasn’t Driving, Who Will Pay For My Accident Compensation?

It is important to remember that, in respect of all car accident claims, it is the Compulsory Third Party Insurance company or the Nominal Defendant that will be compensating you for your personal injuries, loss and damage arising from the car accident. We explain more in the link below…

Continue reading
Will My Employer Have To Pay If I Make A Work Injury Claim?

A lot of workers are concerned that when they make a claim for workers’ compensation or Common Law Damages for a work injury, their employer will have to pay for their claim. We explain more about this and self insurers in the link below…

Continue reading
How Much Compensation Will I Get For My Injuries?

‘How much compensation can I receive’ is a commonly asked question. However, the answer can be complex. If we can speak to then we can far better assess if you can claim at all, and give a more personalised indication.
A claim assessment is free and there is no obligation, just simply get in touch with us.

However, we’ve provided some basic tools and example payments in this page as a rough guide to help you assess what you may recieve, just click the link below to access the tools and information…

Continue reading
What Personal Injury Compensation Am I Entitled To Claim?

That answer can be complex, as each personal injury compensation claim is unique to each person, so working out the range of compensation tailored just to your injury is a considerable task of legal analysis.

However, we supply tips tools and ways to estimate this in the link below…

Continue reading
Starting A Claim & Average Payments in QLD

So how do you start a personal injury compensation claim and what do you get paid for a claim? We’ve detailed more everything in the link below…

Continue reading
What Is The ISV Scale?

In short, an ISV (Injury Scale Value) is used for the calculation of General Damages (Pain and Suffering) to personal injury claims. Most commonly used for work injury claims in Queensland. What the ISV scale does is regulate the award given for certain ‘heads of damage’ which is what a person can claim compensation for. We’ve broken the subject down in to bitesized chunks in the link below…

Continue reading
What Percentage Does A Personal Injury Lawyer Take?

Personal injury lawyers don’t take a percentage – they charge according to the work they perform. We explain more in this FAQ with useful links to fees, compensation case studies and more in the link below.

Continue reading
Is A Worker’s Compensation Claim At An Employer’s Expense?

A lot of workers are concerned that when they make a claim for workers’ compensation or Common Law Damages for a work injury, their employer will have to pay for their claim.

This is actually not the case, but we explain fully why, what self inurers are, and more in the link below…

Continue reading
What is the 50/50 Rule?

The 50/50 Rule sets a cap on fees you may be charged for your compensation claim.
We explain in more detail how the rule applies, give examples of how the rule works and more, in the link below…

Continue reading
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Motor & Other Vehicle FAQ

Can I Represent Myself In My Car Compensation Claim?

Well yes you could, but much like doing your own Dentistry, or being your own Surgeon, it’s not really recommended. This recent Brisbane District Court decision we’ll share with you is a stark reminder of the dangers those injured in a motor vehicle accident face when representing themselves in their claim….

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What Are My Rehabilitation Rights After A Car Accident?

After being involved in a motor vehicle accident, getting back on your feet can be a complex process to say the least. Depending on the type of injuries you’ve sustained, you may need to undergo rehabilitation.
Designed to restore your quality of life, rehabilitation covers a wide range of healthcare services, including physiotherapy, cognitive therapy and pain management.
Healthcare expenses can Add up quickly and we explain how insurance can cover the cost of your rehabilitation…

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Injured Due To Someone Else? Take These Six Steps

If you suffer an injury due to the negligence or wrongful act or omission of another (e.g. a slip and fall in a shopping centre or an accident at a party or injury caused by a defective product), there are SIX IMPORTANT STEPS you need to remember…

Continue reading
Can I Claim For A Car Accident I Had Going To Work?

Yes you can. While the accident didn’t occur at work, you can still claim workers’ compensation if you are involved in a motor vehicle accident, whether it’s a car, motorcycle or truck accident.

Essentially, if the accident occurred in the course of your work, or on your way to or from your workplace, then you have a right to claim workers’ compensation in relation to your accident injuries.

Continue reading
Lifetime Care & Support In QLD

In Queensland, the short answer is yes, there are time limits that apply to making a claim for personal injuries. If you have sustained serious injuries from a car accident, or at work, you still should file your claim as early as possible as time limits can mean you may be too late and can never bring a compensation claim. Time is of the essence! We explain in the link below…

Continue reading
What Is Whiplash & What Treatment Is Best?

Whiplash is an injury that occurs due to acceleration and deceleration forces experienced at high velocities.
We explain where it happens the most, what types of issues it can cause, and how you can make a compensation claim in the link below…

Continue reading
Can I Claim For Injury Compensation If My Car Isn’t Registered?

If you were not at fault for the accident occurring, then you are not stopped from bringing a claim for your accident injuries. We explain more as to the reasons of vehicle licensing and registration at the time of the accident and more in the link below…

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What is CTP insurance?

CTP insurance is a reference to ‘Compulsory Third Party insurance’. We explain more about how this insurance is compulsory for all motor vehicles how it plays a part in QLD insurance in the link below…

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Can I Lose The Right To Compensation Within Months Of An Accident?

Unfortunately, yes, this is true in some cases.

These very strict time limits apply when you cannot identify the other vehicle that caused the motor vehicle accident. We explain more about how CTP, and what role the Nominal Defendant plays in the link below…

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What Do I Do If I Don’t Have The Details Of The Vehicle At Fault?

No – you still have a motor accident claim.

If you cannot identify the offending motor vehicle that caused the accident, then the claim is against the Nominal Defendant who acts as the CTP insurer in your claim. We explain how to do this and what is needed to present the claim in the link below…

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If I Wasn’t Driving, Who Will Pay For My Accident Compensation?

It is important to remember that, in respect of all car accident claims, it is the Compulsory Third Party Insurance company or the Nominal Defendant that will be compensating you for your personal injuries, loss and damage arising from the car accident. We explain more in the link below…

Continue reading
What Steps Should I Take If Injured In A Car Accident?

If you are injured in the course of a car accident or due to the negligence or wrongful act of another party, we recommend six important steps which we lay out in the link below…

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The Claim Process FAQ

What Is Duty Of Care?

When you visit a medical provider for treatment or advice for any injury or medical condition they owe you a ‘duty of care’. A medical provider can be a doctor, dentist, orthopaedic surgeon, neurosurgeon, psychiatrist or psychologist, medical specialist, physiotherapist, chiropractor, etc. That said there are complexities around a duty of care that you need to know before you bring an injury compensation claim…

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What Is Contributory Negligence In A Personal Injury Claim?

Contributory negligence is the term used in a personal injury claim where the actions of an injured person have contributed to their injury occurring. We give you an example of this, how it affects compensation claims and more in the link below…

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What Is An Offer Of Settlement In Personal Injury Claims

Basically, personal injury settlement negotiations are where the parties try to reach a resolution of the claim between themselves. This is done by exchanging offers of settlement back and forth, until they reach a satisfactory settlement.

Negotiations are tricky, and that’s where a great Lawyer and our research and processes help. We explain more about what we do, what happens in negotiations, what goes on between the parties legal representatives and more in the link below…

Continue reading
Why Use Us For Personal Injury Claims?

The Personal Injury Lawyers is a 100% personal injury law firm, and have been successfully handling injury compensation claims for close to 40 years. Accident and injury compensation claims are all we do, day in, day out, all day, everyday and we pride ourselves on being experts in our field. We explain how our expertise will help get you the compensation you’ll need in the link below…

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What Is Permanent Impairment?

When a person suffers injury, the injury can result in long term problems, this is termed “permanent impairment”.
We explain more how permanent impairment is used in personal injury claims and the impact it can have in the link below…

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What Is Negligence In Compensation Claims?

The law of negligence has existed in Queensland for hundreds of years and has developed and evolved over this time through the decisions of Judges in Courts of law. We explain more about how this plays a part in compensation claims in the link below…

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Time Limits For QLD Compensation Claims?

Yes. 

In Brisbane, The Gold Coast and all across Queensland, there are time limits that apply to making a claim for personal injuries.

These time limits are very strict and are set by Statutory law. In QLD this can vary from 1 month to 9 months or longer. VIC & NSW are wildly different.
We break them all down in the link below…

Continue reading
How Will My Common Law Claim Run, And How Long Will It Take?

Depending on the status of your injuries at the time of commencing your Common Law claim, a claim in Brisbane, the Gold Coast or across Queensland can take as little as 6 months to resolve, however the average claim duration is around 12 to 18 months.
We explain more as to how the claim will work and more about those timelines in the link below…

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What Is A Breach Of Duty Of Care In A Personal Injury Claim?

“Negligence” is a word used in personal injury claims to describe the wrongful act or omission of another party which results in some form of damage or injury to another. The principles of the law of negligence have been developed over hundreds of years in Queensland through Courts of law and we explain how this forms part of your compensation claim in the link below…

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Am I Liable For Injury On My Property?

You may be held liable for injury sustained by a person on your property, so it is well worth taking out insurance. Click the link to read more on how to cover yourself. Need help? You’re welcome to contact us with any questions.

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Work Injury FAQ

Injured Due To Someone Else? Take These Six Steps

If you suffer an injury due to the negligence or wrongful act or omission of another (e.g. a slip and fall in a shopping centre or an accident at a party or injury caused by a defective product), there are SIX IMPORTANT STEPS you need to remember…

Continue reading
Can I Claim If Assaulted At, Or En Route To Work?

The short answer is “yes” you can. If you are injured in the course of your work, whether it is by way of an assault or otherwise, you are entitled to claim workers’ compensation for you work injury. However we go in to more detail and answer some the complexities that arise from being an employee these days in the link below…

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Can I Claim For A Car Accident I Had Going To Work?

Yes you can. While the accident didn’t occur at work, you can still claim workers’ compensation if you are involved in a motor vehicle accident, whether it’s a car, motorcycle or truck accident.

Essentially, if the accident occurred in the course of your work, or on your way to or from your workplace, then you have a right to claim workers’ compensation in relation to your accident injuries.

Continue reading
Lifetime Care & Support In QLD

In Queensland, the short answer is yes, there are time limits that apply to making a claim for personal injuries. If you have sustained serious injuries from a car accident, or at work, you still should file your claim as early as possible as time limits can mean you may be too late and can never bring a compensation claim. Time is of the essence! We explain in the link below…

Continue reading
Will My Employer Put Me Off If I Make A Claim?

Without knowing more about your claim, in general an employer cannot put an injured worker off because of his or her injury, whilst they are on workers’ compensation benefits, for a period of 12 months. What happens after that, what you need to prepare to undertake, and more, we explain on this dedicated FAQ Page. Click the link below to read more…

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Difference Between Workers’ Comp Claim Vs. Common Law Claims?

This one is a little complex. In Queensland, a legislative scheme exists to assist workers injured in the course of their employment to achieve compensation for their injuries. This scheme is established and governed by the provisions of the Workers’ Compensation & Rehabilitation Act 2003. We explain the purpose of the scheme, how you can receive assistance with medical bills, and the difference between a workers’ compensation claim and a common law claim in the link below…

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If I Go Back To Work After My Injury Will This Hurt My Claim?

If you’ve been injured, work duties, the hours you can work, and what you can do can be challenging. Some cannot return to work duties, many just struggle on. We explain what you can do if you can’t go back to the work you were doing prior to the accident and how to get your claim underway in the link below…

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Is There An Impairment Threshold For Common Law Damages?

Yes, this is true but only for all work injuries occurring between the dates of 15 October 2013 to 30 January 2015.  
For injuries occurring before or after this period no threshold applies. We explain more in the link below…

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What Steps Should I Take If I’m Injured At Work?

If you are injured in the course of your work, there are SIX IMPORTANT STEPS to remember. We break them down in the link below…

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Can I Sue My Employer For Work Injury With Less Than 6% Dpi?

If you sustained an injury before or after the period from 15 October 2013 (when the 6% threshold was introduced by the Newman government) to 30 January 2015 (when it was repealed by the Labor government), then the 6% DPI threshold does not apply to you.

We explain more about this and work injuries in the link below…

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Can I Claim Workers’ Compensation As An Independent Contractor?

In some cases, yes you can. Just because an employer calls you an Independent Contractor does not mean that you actually are considered to be such at law – even if you have signed a contract stating this.

It’s a complex subject but we’ve broken it down as best we can in the link below…

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How Will My Common Law Claim Run, And How Long Will It Take?

Depending on the status of your injuries at the time of commencing your Common Law claim, a claim in Brisbane, the Gold Coast or across Queensland can take as little as 6 months to resolve, however the average claim duration is around 12 to 18 months.
We explain more as to how the claim will work and more about those timelines in the link below…

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How Do I Bring A Common Law Claim For Damages For A Work Injury?

The Workers’ Compensation & Rehabilitation Act 2003 and associated Regulations govern the procedural requirements for bringing and pursuing a Common Law Claim for Damages.
We explain and offer help to get your claim underway in the link below…

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Will My Employer Have To Pay If I Make A Work Injury Claim?

A lot of workers are concerned that when they make a claim for workers’ compensation or Common Law Damages for a work injury, their employer will have to pay for their claim. We explain more about this and self insurers in the link below…

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What Is A Common Law Claim for Damages?

When we talk about a Common Law Claim for damages, we are talking about what is more commonly recognised as a law suit.

We explain how where you would take legal action against a party for a negligent or wrongful act in the link below…

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My Workers’ Compensation Has Ended But I Can’t Return To Work

Many workers think that Workcover or the self-insurer is obligated to get you back to work after an injury. We explain more about return to work programs and your rehabilitation in the link below…

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I’ve Had A Notice Of Assessment At The End Of My Compensation

At the end of your workers’ compensation claim, Workcover Queensland or the self-insurer may issue you with a Notice of Assessment. We explain how this document will play a part in your claim, and show you how it will set out your work injuries and accord a percentage impairment for each injury.

Click the link below to find out more on this subject.

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When Does My Worker’s Comp End?

Workcover Queensland or a self-insurer is only obliged to provide workers’ compensation benefits to an injured worker until their work injury is stable and stationary.

We explains what this means and how to you to improve your injury claim in the link below…

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What Is A Work Injury?

If you have been injured in the course of your employment, in a work accident or an accident on your way to or from work or during a work break, you may be entitled to workers’ compensation or common law damages. We explain the types of work injuries and how you can find out how much you may get in the link below…

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What’s A Common Law Claim For Work Injury In Qld?

When we talk about a Common Law Claim for damages, we are talking about what is commonly known as a lawsuit.

We go in to detail and lay out if, how, and who can help you run a Common Law Claim against your employer to recover damages for your work injuries. Just click the link below to read the full FAQ.

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Is A Worker’s Compensation Claim At An Employer’s Expense?

A lot of workers are concerned that when they make a claim for workers’ compensation or Common Law Damages for a work injury, their employer will have to pay for their claim.

This is actually not the case, but we explain fully why, what self inurers are, and more in the link below…

Continue reading
How Do I Bring A Common Law Claim For A Work Injury In Qld?

Under workers’ compensation legislation in Queensland, if you have had a workers’ compensation claim, and you wish to proceed with a Common Law claim for damages for your injury, you need to be very careful what steps you take when your workers’ compensation claim is coming to an end…

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