Workers Compensation

Personal injuries occur in day-to-day life and can have an immense effect on a person’s life.  People who have suffered an injury or been involved in an accident often suffer on-going pain, disability, emotion and/or financial distress as a result of an injury or accident.

The law of negligence operates to protect people who have suffered an injury and workers’ compensation is there to support those injured during the course of their employment.  WorkCover covers injuries or accidents brought about by either the negligence of an employer, a co-worker or any third party engaged by the employer in the workplace.

Our expert team of Personal Injury Solicitors can advise you on your rights, possible entitlements and help you bring about a claim for Workers’ Compensation.  If:-

  • you have suffered an injury at work;
  • you have been involved in an accident at work; or
  • your health and wellbeing has been affected in the workplace,

you may be entitled to a Workers’ Compensation Claim for injuries that have:-

  • happened/occurred at work;
  • as a result of work; or
  • any pre-existing injuries, illness or disease that have been exacerbated in the workplace.

As an employee, you may not be fully aware of your rights and, as a consequence, simply just accept the decision of an employer to terminate your employment or reduce your wages.  When an injury is severe, a person may not be able to return to work in the same capacity, causing emotional and financial stress for them and their family.  Employers are required to have current Workers’ Compensation Insurance to cover their employees in case of an injury or accident in the workplace.

We recommend seeking legal advice as soon as practical after an injury, as time limits apply to bringing a claim.

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Types of Injuries

Work related injuries include, but are not limited to:-

  • back injuries
  • slipped disc injuries
  • shoulder injuries
  • neck injuries
  • leg injuries such as knee, ankle
  • arm injuries such as wrist, hand, elbow
  • repetitive strain injuries (RSI)
  • psychological injuries
  • occupational asthma
  • industrial deafness
  • industrial accidents
  • chemical exposure
  • burn injuries
  • stress
  • asbestos related diseases (asbestosis / mesothelioma)
  • Coal Worker’s Pneumoconiosis (Black Lung).

 

Types of Claims

There are two (2) types of claims and, depending on the nature of your claim, you may be entitled either to a Statutory Claim or Statutory Claim and Common Law Claim.

  1. Statutory Claims

Queensland’s injured workers are entitled to “Statutory Compensation including weekly payments, medical, hospital and other entitlements as calculated in accordance with the Workers Compensation and Rehabilitation Act 2003.”  These “Statutory” payments are made on a no-fault basis.

Under this avenue, you will be entitled to initial medical treatment or other rehabilitation payments for the time you have off work.

 

  1. Common Law Claims

Common Law Claims are where an employee issues proceedings through the Courts to recover damages.

In addition to your entitlements under Statutory Claims, you may also be entitled to claim for damages such as past and future loss of wages/income and superannuation benefits, future recurring medical expenses.

Personal Injuries
Lawyers

Macrossan & Amiet

Gene Paterson

Stuart Naylor

Kendell Bocos

Brigid Paterson

Dyane Norton

Call (07) 4944 2000