QLD Wide 60 Seconds Claim Advice

Workers Compensation Lawyers Brisbane | Work Injury Claim Advice

When you sustain an illness or injury at work, our Brisbane workers’ compensation lawyers can explain your rights on a 100% no-win, no-fee basis. They understand the QLD WorkCover claims process for workplace injuries, including the eligibility requirements for personal injury claims.

The Brisbane work injury lawyers at The Workers Compensation Lawyers QLD offer a free initial consultation that explains your entitlements and legal options. We provide legal support for workplace accidents with a genuine 100% no-win, no-fee, no-risk guarantee. Pay only for a win and nothing if you lose. It’s free to learn your options.

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Know your legal rights when injured at Work

If you have taken time off work for a physical or psychological workplace injury or you have medical treatment expenses, you could be eligible to claim workers’ compensation benefits. Our qualified personal injury lawyers can explain your rights during a free initial consultation. Call 1800 575 023

  1. Seek medical treatment
  2. If you have been injured at work, you must report your work-related injury to both your employer and their workers’ compensation insurer as soon as possible. 
  3. Strict time limitations apply when lodging a workers’ compensation claim in Queensland. 
  4. Be aware of your right to seek legal advice regarding your entitlements and the WorkCover claim process. 

Our WorkCover lawyers in Brisbane can explain your legal position regarding a denied workers’ compensation claim. Our free case review can explain what you must prove to achieve a successful outcome.

It’s free to know your rights >

Our workplace injury legal team provides free initial legal advice by phone to residents throughout Queensland. Our free legal case review can explain the following:

  1. Eligibility to claim workers comp benefits
  2. Our 100% no-financial-risk policy
  3. The strict time limits to a case
  4. An approximate settlement value 
  5. The WorkCover claims process 
  6. The next steps 

Pay only for a win and zero if you lose. It’s free to learn your options. Call 1800 575 023

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Brisbane Workers Compensation
Lawyer Services QLD-Wide

If you sustained an injury at work, you might be uncertain about your options regarding workers’ compensation claims and the associated personal injury laws. Our workers’ compensation team offers genuine 100% no-win, no-fee legal advice for the following services:

WorkCover is the primary workers’ compensation insurer for work-related injuries. An employee who acquires a physical injury, illness, or psychological condition may be eligible to claim workers’ compensation benefits through WorkCover, including reasonable expenses covering: 

  • Weekly income payments replacing lost income 
  • Medical and rehab treatment costs 
  • Out-of-pocket expenses 

Note: There is no need to prove who caused the injury or illness for a WorkCover claim. Experienced WorkCover lawyers can explain how this works. 

You could be eligible to make a work injury damages claim and receive common law entitlements when an employer’s negligence causes you to suffer an injury or illness. Your employer’s workers’ compensation insurer is liable to pay damages when you achieve a successful outcome. 

Note: A common law lump sum compensation is an additional payment available under the Queensland workers’ compensation scheme for eligible claimants.

You could have an independent medical assessment near the conclusion of the workers’ compensation process and receive a DPI rating. Next, you can receive a lump sum offer when an injury has caused permanent impairment.

Both a permanent impairment payout and common law damages are available to those with a DPI rating of 20% or more. For those below 20%, you can either 

  1. Accept a lump sum impairment payment or 
  2. Take further legal action

You may be eligible to claim TPD insurance benefits through your super when a work injury becomes a permanent condition that prevents you from working again in your usual occupation. To receive a TPD payout, you do not need to prove 

  • Who was to blame for your condition 
  • How you became injured or ill 

Instead, you must meet the TPD definition contained within the terms and conditions of your TPD insurance policy. Experienced personal injury lawyers understand the process of superannuation insurance claims. 

100% No Win, No Fee Workers Compensation Lawyers

If you are injured at work and have limited funds, seeking legal advice could result in an additional financial burden.

The Workers Compensation Lawyers QLD offer a genuine 100% no-win, no-fee guarantee for all work accident legal services. Our no-financial-risk policy means the following:

  • It’s free to get started
  • We cover medical assessments and reports until the settlement
  • Pay only after a win and nothing if you lose
  • Our legal fees are capped
  • No uplift fees or hidden legal costs

Our team of workers’ compensation solicitors can explain your eligibility for No-Fee funding during a free case review. Call 1800 575 023

Accredited Specialist Personal Injury Lawyers

Our law firm principal, Kerry Splatt, is a Queensland Law Society-Accredited Specialist Personal Injury Lawyer who provides guidance to our team of WorkCover lawyers and solicitors.

Specialist injury lawyers undertake additional training in personal injury law and a rigorous assessment process. Consequently, they have advanced knowledge and skills for the workers’ compensation process.

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Kerry Splatt – Law Firm Principal

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Workers Compensation Claims and Personal Injury Laws

Every Queensland employer is required to hold a WorkCover Accident Insurance policy for their employees, including those who self-insure. They are also required by law to take reasonable steps to provide a safe and healthy working environment for their employees.

If they fail this legal obligation, and a worker suffers a new physical or psychological injury or illness (or worsens an existing one), QLD personal injury laws protect your right to make a WorkCover claim and a work injury damages claim for employer negligence. Depending on how your accident occurred, you could be covered by one of the following:

It can be challenging to understand which laws protect your rights and entitlements in the event of a work-related injury. The Workers Compensation Lawyers QLD offer a free claim review that can advise on your eligibility and the claims process. All our WorkCover legal services come with a genuine 100% no-win, no-fee, no-risk guarantee. Pay only after a win and nothing if you lose. Call 1800 575 023

Employees can be eligible to lodge a work injury claim with WorkCover Queensland when they suffer a work-related illness or injury with either a:

  • A QLD employer
  • An Australian employer based in Queensland

This right extends to all workers regardless of their employment status, i.e., full-time, part-time, casual, and sole traders in Queensland should be covered by a workers’ compensation scheme. Subcontractors might also be covered depending on their employment status and insurance arrangements.

Eligibility for personal injury compensation extends to situations outside the workplace, including the following:

  • Work accidents that happen while on a break
  • Motor vehicle accident injuries while travelling to or from work
  • Injured during work-related travel
  • Injured during work-related activities, e.g. an offsite meeting, function or event.

The Workers Compensation Lawyers QLD provide a free case review that can advise on your eligibility and what you must prove for a successful result. Call 1800 575 023

How Much Lump Sum Compensation
for a Work Injury?

Workers’ compensation provides weekly payments, covers reasonable medical expenses and lump sum compensation for permanent impairment and common law damages for eligible clients. The value of workers’ compensation payments considers the following:

  • Severity of injuries
  • How much they disrupt work capacity
  • The recovery time
  • The extent of your overall financial loss
  • Your age and current salary

Compensation for a work injury damages claim considers the following factors:

  • Past and future lost income and superannuation benefits
  • Past and future medical costs and rehabilitation expenses
  • Travel costs of out-of-pocket expenses
  • Pain and suffering (lost enjoyment of life)
  • For fatal accidents, a lump sum payment for total or partial dependents, including children and spouses, as well as funeral expenses.

Expert workers’ compensation lawyers in Brisbane understand how damages from work injuries are calculated and how various types of damages relate to personal injury laws.

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According to the Queensland Workers Compensation and Rehabilitation Act 2003, the maximum compensation for workplace injuries is 216.15 times the QOTE, which stands for Queensland Ordinary Time Earnings.

The maximum statutory payout in Queensland is $398,731.90. This amount is equal to the QOTE multiplied by 216.15, which is $1,844.70 as of 1st January 2024.

NOTE: Maximum compensation limits do not apply to work injury damages claims, as the payout value is calculated considering ‘head of damages’ and settlement negotiations.

Icon for medical treatment after a workplace injury

Injured workers should immediately seek medical attention and lodge a work injury report with their employer. At this time, a doctor should provide a work capacity certificate.

You have the right to seek legal advice if you experience a work-related injury or illness to understand your options and entitlements.

Detailed records of medical treatments and expenses are essential for a successful workers’ compensation claim. Witness statements can also strengthen a claim.

To start a WorkCover claim in Queensland, get a work capacity certificate from a doctor and then lodge an accurately completed claim form. If your company is self-insured, contact their HR or your employer’s insurance department about making a Workcover claim.

QLD WorkCover must reach a decision within 20 days. They usually seek more information from you and your employer during that time.

Experienced personal injury lawyers can explain your options if you have a denied claim.

QLD Workers' Compensation Claims Process

While it may appear simple at first glance, the workers’ compensation claim process can be complex and fraught with pitfalls. Here’s a general overview.

Strict Time Limits for Workers' Compensation Claims

Strict time limits apply to workers’ compensation insurance claims in Queensland. The general statute of limitations for personal injury lawsuits is three years, as stated by The Limitation of Actions Act 1974 (Qld). These are the general time limits from the date of the accident or diagnosis.

(NOTE: Sometimes calculations differ, and there are exceptions. A work injury lawyer can advise on your lodgement deadlines.)

QLD WorkCover Claims

Lodge a work injury report with WorkCover within eight days of becoming aware of the physical or psychological damage.

For statutory workers’ compensation entitlements, you have six months to lodge a claim from when the entitlement to compensation arose. However, this date can be earlier depending on how the injury occurred.

Although your employer has eight days to notify QLD WorkCover of any work-related injuries, their reporting does not start your legal action.

Common Law Claim

In Queensland, there is a three-year time limit from when the entitlement to compensation arises to claim damages by making a work-related common law claim. If you miss this deadline your right to seek compensation has lapsed. There are however, some rare extensions.

Our work injury lawyers can advise you on the time limits applicable to your situation during a free case review. Call 1800 575 023

Common Injuries Covered by WorkCover Queensland

Most workers’ compensation insurance schemes cover various physical injuries and illnesses, as well as psychological conditions. Some situations include:

  • Working at heights poses significant risks of catastrophic injuries from falls
  • Slips and falls
  • Exposure to harmful chemicals
  • Hit from overhead and injuries from operating heavy machinery
  • Workers’ compensation schemes also cover accidents that occur while travelling for work
  • Warehouse injuries often include overuse injuries, forklift accidents, and repetitive lifting

Many work-related physical injuries qualify for workers’ compensation benefits and a lump sum payment, including the following:

  • Broken bones
  • Hearing loss
  • Spine and back damage
  • Exposure to harmful chemicals
  • Sprains and other soft-tissue injuries
  • Repetitive strain injuries
  • Head, neck and shoulder injuries
  • Damage to internal organs
  • Chemical burns
  • Lower limb damage

Psychological injuries can disrupt your life just as much as physical conditions, and requently arise from:

  • Unreasonable management
  • Bullying and harassment
  • Excessive stress
  • Witnessing violence
  • Assault
  • Sexual harassment

Occupational diseases are illnesses that result directly from exposure to the work environment or specific job duties. They can be triggered by long-term exposure to hazardous materials like:

  • Asbestos and silica dust
  • Toxic chemicals
  • Heavy metals can lead to severe health issues, including respiratory diseases, cancers, and neurological disorders.

Workers’ compensation entitlements can be available for a new illness or the escalation of a pre-existing medical condition.

Workers’ compensation provides coverage for reasonable medical and rehabilitation treatment costs, including ambulance services, surgery, therapy, and required medical equipment. Consequently, you should keep records of consultations and receipts.

Sometimes, the employer’s insurer refuses to cover recommended treatments because it needs additional information from healthcare providers.

Workers’ compensation benefits typically provide weekly payments to cover lost income during the recovery period following the injury. These income replacement payments depend on the degree of incapacity and pre-injury earnings. If you cannot work at all (total incapacity), you may qualify for the following:

  • For the first 26 weeks: the greater of 85% of normal weekly earnings or 100% of the award rate
  • For the next 18 months, the greater of 75% of normal weekly earnings or 70% of QOTE
  • After 2 years, the rate may drop further depending on your circumstances.

When you are nearing the end of WorkCover weekly compensation payments, you could qualify for a one-time lump sum payment as a final settlement. There are two types of lump sum compensation:

  1. Permanent impairment payout: Following an independent medical assessment, injured workers can receive a lump sum payout for physical or psychological impairment.
  2. Common law payout: An employee injured by their employer’s negligence can qualify for a work injury claim and receive a lump sum payout for common law damages.

What is Covered by Workers' Compensation Insurance?

Experienced work injury lawyers understand:

  • The benefits covered by workers’ compensation insurance
  • The assessment process for workplace injuries
  • What you must prove for a successful claim

Personal Injury Law Advice for Brisbane Workers' Compensation

It may be challenging to claim compensation for work-related personal injuries. This occurs because workers’ compensation insurers in Queensland may attempt to limit or deny benefits in order to safeguard their financial interests.

However, obtaining the right legal advice can help you understand their tactics and how to effectively counteract them.

Free Claim Review

The Workers Compensation Lawyers QLD offer a free case review that can explain your rights and entitlements when injured at work.

All our personal injury legal services come with a genuine no-win, no-fee, no-risk guarantee. Pay only after a win, and zero if you lose. It’s free to know where you stand. Call 1800 575 023

Most QLD workers’ compensation settlements take between 12 and 18 months to resolve. This timeframe can vary depending on:

  • The complexity of the case
  • The severity of the workplace injuries
  • If the claimant has legal representation

When you suffer a work injury or illness (regardless of who is to blame), you may have the right to claim under your state or federal workers’ compensation scheme.

QLD workers’ compensation is a compulsory insurance scheme that protects workers when they suffer a work-related illness or injury and cannot earn an income. 

The majority of Queensland employers have workers’ compensation insurance with WorkCover QLD, the state’s leading workplace injury insurer.

However, some large employers have private workers’ compensation insurance that provides the same protections for injured workers. The key difference lies in where you lodge a claim and who will manage the compensation process. 

Workers’ compensation payments in QLD cease when either: 

  1. The injured worker resumes employment 
  2. They reach the maximum period of five years 
  3. The injury is deemed stable and stationary
  4. They reach the maximum amount of workers’ compensation benefits 

Compensation from WorkCover Queensland covers medical conditions that occur at work, during work-related activities, or due to specific job responsibilities, including: 

  • Physical injuries 
  • Psychological injuries 
  • Occupational illnesses  

If a workers’ compensation claim is denied, you can appeal the decision by 

  1. Requesting a review from the Workers’ Compensation Regulator
  2. Submitting additional evidence to the WCR
  3. Following the decision of the Regulator, a further appeal may be made to the QIRC

Queensland Workplace Injury Lawyers FAQs

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