We believe that everyone has the right to go to work and return home safely. 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.
If you have been injured in accidents involving unsafe equipment, unsafe practices, scaffolding, ladders, unsafe lifting procedures, lack of training, burns, slips and falls, or whilst travelling to or from work our Brisbane Personal Injury Lawyers can help.
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Commonly Asked Questions
If you have been injured at work or due to your work you may be able to claim benefits from your employers Workers’ Compensation insurance.
If you are a full time, part time or casual employee you will likely have a claim for workers’ compensation
Step 1 – Report the incident and injuries to your employer immediately.
Step 2 – Seek Medical Attention. Make sure you seek immediate medical attention. It is always advisable to receive a full medical check up.
Step 3 – Lodge your application for compensation with your employer’s Workers’ Compensation insurer. The sooner your claim is lodged the quicker you can concentrate on making a full recovery. We will guide you through the application stage to ensure you obtain maximum compensation.
Step 4 – Contact Corney & Lind – Contact our office to discuss your accident. We will start your claim process within 24 hours as strict time frames apply.
Step 5 – DO NOT ACCEPT any lump sum offers. Doing so may forfeit your right to a comprehensive compensation pay out under the common law.
The Workers Compensation process is a two step process beginning with an application for statutory benefits and concluding with a common law Notice of Claim for Damages.
Initially you will need to lodge an application for statutory benefits. Your regular general practitioner will need to complete the workers compensation medical certificate that needs to be lodged along with your application. This is a pre-requisite for any insurer to consider funding any of your treatment and/or rehabilitation and weekly wages.
You will only be able to lodge a Notice of Claim for Damages after a Notice of Assessment is issued. This is a more robust claim for compensation which is best discussed with Corney & Lind.
At the time of negotiations, we will advise you of your entitlements, including for components such as:-
- Pain & suffering
- Loss of income
- Future loss of income/earning capacity
- Medical treatment and expenses incurred
- Future medical expenses
- Loss of superannuation
- Gratuitous care and assistance from family and friends
- Paid commercial care and assistance
- Retraining costs
- Equipment and aids
- Housing modification costs
- Vehicle modification costs
Your damages are generally tax free.
Our firm operates on a No Win No Fee basis. We also provide a free initial consultation which provides you with the opportunity to discuss the merits of your case. Our professional fees are not charged as a percentage of your damages. We only charge you for the work carried out.
Our fixed 35% cap on professional fees means you will always get more than us.
The legislation imposes strict timeframes for lodging both your application for compensation and your Notice of Claim for Damages. The sooner you lodge a claim the better.
You have 3 years from the date of accident to commence a claim in the court.
We recommend that you speak to Corney & Lind as soon as possible
Every claim is as different as the claimant lodging it. Different factors may prolong or shorten the time it takes for you to receive your compensation. We will discuss the different factors that will impact the length of your claim.
The process will also depend on how quickly you recover from your injuries. Once we know the details of your case we will be better placed to give you an idea on timeframes.
Every claim has the potential to reach a court hearing. However, approximately 98% of claims settle out of court.
Some claimants decide to initiate the process as self represented litigants. Motor Bike Accident claims have inherent complexities that if missed or misunderstood will lead to less compensation. Contact Corney & Lind to discuss your claim in more detail.
No. Both the Workers’ Compensation & Rehabilitation Act and the Fair Work Act provide legal protection so you are not sacked for lodging a compensation claim.