Have you been injured at work?

Workers Compensation almost always applies to work-related injuries for full time, part time, casual or permanent employees.

Work injuries can be very traumatic for you and your family. Recovering from your injuries will be your first priority though how do you navigate the claims process and access compensation?

WorkCover claims are a complicated process and it pays to get legal advice before accepting any statutory offer if you have suffered an injury at work.

WorkCover Queensland is the most significant provider of workplace accident insurance within Queensland. Workers who have been injured at work are entitled to compensation regardless of their employment status. Compensation is available regardless of who is at fault for the injuries sustained.

There are two types of claims if you are injured at work:

1. Statutory Claim (No Fault).
2. Common Law Claim.

Statutory Claims

Statutory Claims are available to employees regardless of who is at fault for the cause of the accident and resulting injury.

Statutory benefits can include:

• Weekly wages payments for wages lost as a result of the injury;
• Payments for medical, hospital and treatment costs;
• A lump sum payment as compensation for permanent impairment.

Injured workers do not need to prove their employer is at fault to be able to make a claim and making a statutory claim is a prompt manner in which to obtain benefits. That said, lump sum payments for statutory compensation claims are typically smaller than common law payments, regardless of the severity of the injury.

Common Law Claims

Whilst many workplace injuries are avoidable, accidents can and do happen. Common law damages are based on negligence of the employer or a fellow worker. Injured workers who can prove that their employer or a fellow worker was negligent can pursue a common law claim for compensation.

Common Law damages may include compensation for:

• Pain and suffering,
• Economic loss including loss of income and superannuation payments,
• Medical treatment including rehabilitation, pharmaceutical expenses, care and assistance for the past, present and future.

A common law claim for compensation can only be pursued after a statutory claim has been lodged and accepted by WorkCover Queensland or the self insurer.

Lodging a statutory claim is complicated and claims agents may well neglect to inform the injured worker of their right to pursue a common law claim. Mistakes and misinformation in the claims process can mean that injured workers lose out on thousands of dollars in potential damages.

Common Mistakes include:

• Not reporting the injury in a timely manner;
• Poor record keeping;
• Non- compliance with medical advice;
• Inconsistency in the specifics of the accident and injury;
• Failing to seek professional legal advice.

A failure to seek legal advice is one of the most common mistakes injured workers make when making a WorkCover claim. The reality is that many people are lulled into a false sense of security by the insurance company who seem eager to “help” However the complexity of the system and with limited knowledge the claims agents will often neglect to advise the injured worker of their rights and full entitlements to compensation and damages.

For this reason, it is essential that you do not accept the statutory offer without first obtaining legal advice.

Taking the next step:

If you have been involved in a workplace injury and have received a statutory offer speak with our experienced and caring WorkCover lawyers who have the skills and experience to give you the correct guidance and advice you need.

Our fees:

Rapid Legal Solutions work on a ‘no win, no fee’ basis for personal injury claims. Simply put, this means that if we do not reach a successful settlement or compensation conclusion for you, you do not have to pay our legal fees.

Rapid Legal Solutions also offer a free, no obligation initial consultation to discuss your potential claim.