Employers have an obligation to provide a safe workplace. However, accidents still happen from time to time. Whilst in many cases a good recovery and quick return to work can be achieved, in some instances the injured worker will need to be retrained or will suffer ongoing difficulties in the workplace.
Whatever the consequences of your injury, we can assist you or your family members with seeking adequate compensation.
In Queensland, workers are insured from workplace injury including from travel to and from work. The Workers’ Compensation and Rehabilitation Act 2003 (WCRA) (Qld) provides a framework for the claims process.
Workplace Injury Workcover claim
The first step in a claim against the employer’s policy is to make an application to Workcover or another ‘self-insurer’ for benefits (to cover loss of wages and medical expenses etc).
A claim is accepted by the insurer if a worker sustains injury in their employment. In some cases, the insurer can decide to reject a claim for reasons that the definitions are not met. In those cases, we may be able to help you with appealing this decision if it is adverse to you.
If the claim is accepted, you will be able to access treatment and rehabilitation as well as weekly payments for loss of wages. At some point, either you will be certified fit to return to normal duties or Workcover will seek to have you assessed for permanent impairment, and your benefits will cease. At that time, it will be appropriate to obtain legal advice about your rights to access a common law claim.
Workplace Injury common law claim
A common law claim can be made if there are grounds to establish negligence against the employer. Some common grounds are:-
- Failing to provide and maintain appropriate plant and equipment
- Failing to provide a safe place for work
- Failing to provide a safe system of work
- Failing to provide proper instruction, supervision or training
- Failing to manage bullying and harassment behaviour
- The negligence of a co-worker, for whom the employer is vicariously liable
A common law claim is made through lodging a Notice of Claim for Damages on the employer and insurer. There are strict timeframes that apply with lodgement. Please discuss this with your lawyer.
Workplace injury medical reports
A medico-legal examination will occur. It is all important that the injured person has access to the proper medical specialist for the purposes of this assessment. We have experience in recommending the right medico-legal assessor for your injury.
Once the medical reports have been obtained, the insurer and the injured person will attempt negotiations to reach a settlement. Almost all claims are settled out of court where costs can be minimised.
Workplace injury damages
At the time of negotiations, our experienced lawyers will advise you of your entitlements, including for components such as:-
- Pain & suffering
- Loss of income
- Future loss of income/earning capacity or risk
- Medical treatment and expenses incurred
- Future medical expenses
- Loss of superannuation
- Gratuitous care and assistance from family and friends (in limited circumstances)
- Paid commercial care and assistance
- Retraining costs
- Equipment and aids
- Housing modification costs
- Vehicle modification costs
Free initial consultation with one of our Brisbane Workplace Injury lawyers
A free initial consultation – no obligation, no strings attached – with one of our Brisbane Workplace Injury lawyers will help you navigate your way through all this. To find out more or to book an initial consultation please contact our Business Development Officers by email or Phone 07 3252 0011.