In Queensland, employers are required to have workers' compensation insurance coverage.
They must also provide a safe working environment and take steps to prevent workplace injuries and illnesses. If you suffer an injury at work, you will be entitled to compensation through WorkCover
Things you need to know
If you have suffered an injury or illness as a result of your workplace the first thing you should do is report it to a person of authority at your workplace and make sure it’s documented in writing. It’s a crucial step, and whilst it might be daunting, it’s your lifeline to help. Your honesty and promptness in reporting the injury to your employer is crucial.
If your injury or illness requires medical attention, you should see a doctor as soon as possible. Make sure you tell your healthcare provider that your condition is work-related and also obtain a WorkCover medical certificate.
There are two types of compensation you may be entitled to:
Statutory Compensation
To apply for statutory compensation you simply fill out papers and lodge them with the insurer (usually WorkCover Queensland however for large employers they may be a “self insurer”). The statutory insurer is required by law to cover you for lost wages and medical expenses and help you with rehabilitatation. In appropriate cases WorkCover will also help get you back to work. You may be entitled to lump sum compensation under the legislation, and our team can assist you with that.
Common Law damages claim
Employers have very strict responsibilities to employees to provide and maintain a safe system of work. If the injury has occurred as a result of a failure by the employer to do so, you will be entitled to proceed with a damages claim.
A damages claim usually results in far greater compensation than the statutory compensation. You are entitled to claim for damages for pain and suffering, loss of income (past and future), medical expenses and out of pocket expenses.
Important information regarding lump sum compensation offers
It is imperative you not accept lump sum compensation without obtaining personalised legal advice. In the majority of cases, if you accept the lump sum compensation from WorkCover QLD (or the employer as self insurer) you will lose your right to bring a damages claim.
If your injury exceeds a certain threshold, you will be entitled to accept the lump sum offer and also bring a damages claim. This option is reserved for the very serious cases.
In some cases it is appropriate to seek a review of the initial offer of lump sum compensation made and we can guide you through that process.
Time limits for compensation claims
Strict time limits apply to bringing a claim so we recommend that you speak with one of our experienced compensation lawyers as soon as possible.
Who is WorkCover?
WorkCover is state government insurer. WorkCover insures the vast majority of employers throughout Queensland against accidents suffered by workers in the course of their employment.
If you have suffered an accident at work it is very important that you understand this fact. The same organisation (WorkCover) that makes a lump sum offer to you insures the employer if you bring a damages claim. In other words, it is usually in WorkCover’s interests that you accept the lump sum offer because that will often save them a lot of money.
Accordingly, you should not rely upon any advice that WorkCover officers may attempt to give you in relation to the lump sum offer or your rights to a damages claim generally.
Are there any time limits which apply to bringing a claim?
Yes. Generally speaking, there is a 3 year time limit which runs from the date your accident occurred.
If your injury came on over a period of time, there are special rules that apply to determining when the 3 year time limit starts running.
The exceptions to the 3 year time limit are very rare. If a ‘material fact’ of a ‘decisive character’ does not come into your knowledge about the case until after the 3 year time limit expires, in certain cases you can still bring a claim provided the Court’s permission is obtained within certain time limits. These cases need to be looked at very closely and if you find yourself in this position, we recommend that you act without delay and seek legal advice.
Can I make a claim?
If you have suffered an injury at work it is very likely you will be entitled to make a claim by lodging papers with your employer’s insurer, WorkCover Queensland.
Whether you should simply accept a lump sum offer or bring a damages claim (the lump sum offer is usually a fraction of the amount you would recover if you succeed with a damages claim), very much depends on the circumstances of your case.
It is important that you seek legal advice from a solicitor who specialises in this area of law so that you know what your rights are.
What can I claim for?
Anyone who is hurt in the course of their employment is entitled to be covered by WorkCover Queensland for medical expenses, rehabilitation expenses and lost wages.
If you bring a damages claim you can claim for:
- Damages for pain and suffering
- Past loss of income
- Future loss of income
- Past and future medical expenses
- Out of pocket expenses
Injured workers are also entitled to ask WorkCover Queensland to assess them for permanent impairment so that a lump sum compensation offer can be made. In our experience WorkCover Queensland will not always volunteer that information to injured workers.
If you bring a damages claim, WorkCover Queensland will almost always have to pay out considerably more than if you simply accept the lump sum offer. We consider this to be a conflict of interest and we believe that WorkCover Queensland in every case should advise injured workers to seek independent legal advice.
How long will my claim take?
This depends on the severity of your injuries and the circumstances of your accident. As a rule of thumb, we arrange for you to be examined by our preferred medical specialist at 9 to 12 months after the accident. That medical specialist is asked to answer a number of important questions including how severe your injuries are and what is the likelihood that those injuries will have an impact on your ability to work in the future.
Once the specialist medical evidence is obtained, it is then a matter of assessing the value of the claim.
In our experience, most straightforward cases are completed between 12 months and 2 years from the date of the accident.
If there is something peculiar about your case or it is more complicated, it could take longer.
Why can’t the claim finish earlier?
It is important to understand that your injuries need to settle down before our preferred medical specialist is asked very important questions. If your injuries have not settled down it makes it very difficult for the medical specialist to answer the questions and that increases the chances of an error or something being missed by that specialist.
Once your claim is resolved, there is no turning back. That is, if the doctor misses something because the case was rushed, you cannot reopen your claim.
How much compensation will I receive?
This depends on the severity of your injuries and the strength of your case.
At the risk of stating the obvious, the more serious the injuries the greater the chance of damages being higher. That said, it is very important to understand that each case is unique. For example, a right index finger amputation sustained by a 63 year old office worker who does not need to type is going to be an entirely different case to a 30 year old electrician who loses an index finger on his or her dominant hand.
Should I handle the claim myself or engage a Personal Injury Lawyer?
This area of law is complex if you are not practising in it daily. Many lawyers choose not to work in this area because of its complexity.
It is important to understand that the insurer is under no obligation to advise an injured claimant of his or her rights to claim certain damages.
We have been consulted by numerous self acting claimants over the years who have received an offer from an insurer. On many occasions it becomes apparent that the insurer has been attempting to resolve the matter without even allowing for critical heads of damage such as future economic loss or future medical expenses.
I have been hurt at work and want to get the ball rolling – how do I start?
We recommend you seek legal advice immediately.
The next step will then be to ensure that an application for WorkCover benefits is lodged as soon as possible. That application should be lodged within six months of the date of the accident or if that time has already passed, as soon as possible.
Will my employer have to pay?
No. WorkCover Queensland is the insurer for your employer.
I get paid by a labour hire provider but was hurt out on a work site – can I make a claim?
Yes you can. You have exactly the same statutory rights as any other injured worker and will therefore be entitled to weekly benefits and medical expenses etc.
You can bring a damages claim. Given the unique circumstances of your employment, the damages claim is often made against your actual employer (the labour hire company) as well as your host employer (the company under whose control you were working at the time of the accident).
Will I need to go to Court or can it be settled out of Court?
The vast majority of cases settle out of Court. Less than 2% of damages claims reach the inside of a Court room.
The majority of cases are resolved at a compulsory settlement meeting that must be held before Court proceedings can be issued. If the matter does not resolve at the compulsory settlement meeting, that does not mean it will reach the inside of a Court room. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court.
What happens when I return to work?
The Workers’ Compensation system places a strong emphasis on returning injured workers to suitable employment whenever possible. Employers are encouraged to provide modified duties or accommodations to help injured employees return to work safely. That said, the law does not require you to attempt even a modified return to work if your injury, be it physical, psychological or both, is likely to be aggravated further. Good advice from an experienced WorkCover compensation lawyer will help you manage this important issue.
I have received a lump sum offer from WorkCover – should I accept it?
No. It is important that you seek legal advice before making a decision about accepting the lump sum offer.
If you accept the lump sum offer, you lose your rights forever to bring a damages claim in respect of the matter. The only exception to this is if the injuries sustained in your accident exceed a threshold set out in the legislation.
Will you handle my case on a No Win No Fee basis?
Yes we will assess your case on a No Win No Fee basis. If your case has prospects, we will agree to handle it on a No Win No Fee basis.
