If you have been injured at work you will likely be entitled to make a workers compensation claim to cover the cost of medical care, rehabilitation services and to compensate you for lost income. This is something our workers’ compensation lawyers can help you with.
Whether you have suffered broken bones, strain injury, electrocution, burns, a back injury, or any other type of injury, if you have been injured in any way during the course of your work, our expert team of lawyers can help you bring a claim.
We can help with a range of workers’ compensation claims, including:
- If you were injured on-site, be it on the construction site, in the mines or while working on our roads;
- If you sustained an injury at the office, be it a strain injury, a back injury or any other injury;
- If you suffered a fall, or if you suffered a hand, wrist, foot, back or any injury due to machinery;
- If you were in an accident while travelling to or from work, or while travelling to meetings or a another job site;
- If you suffered electrocution or burns;
- If you suffered a psychological injury or mental distress, from bullying or harassment in the workplace.
If the accident caused the death of a worker, dependants will likely be able to bring a death dependency claim for funeral expenses and loss of dependency.
Unlike many of the other major firms, our approach is personalised and based on your individual requirements. We will allocate one of our expert lawyers to your case based on details of your work accident and the injuries sustained, meaning you receive the expertise needed to get the best result possible for you in your claim.
We will act for you on a No Win No Fee basis, which means that you don’t pay anything unless you win your claim. Even then, our fee cap is only 30% – lower than other firms. So you get the best financial result possible.
Workers’ Compensation Law Process in Queensland
In Queensland, if you have been injured during the course of your employment – due to either your employer or a co-worker’s negligence – you will be able to bring a workers’ compensation claim.
It should be noted that there are two stages to a workers’ compensation claim:
- Statutory Compensation Benefits phase; and
- Common Law Damages phase
Stage one, the statutory phase, is a no fault system and will enable you to have the majority of your wages, medical treatment and rehabilitation expenses covered by WorkCover Queensland or your employer’s self-insurer.
You do not need to prove fault in this phase and it will eventually come to an end when you return to work or no longer require medical treatment, or if you can’t return to work WorkCover or the self-insurer offers you a lump sum compensation offer based upon a permanent impairment assessment for your injury and your benefits will cease. You should not accept this offer until you have sought legal advice, as accepting this offer may prevent you from bringing a Common Law claim.
The second phase is the Common Law Damages phase. This phase involves you proving that your injuries occurred because of the employer or someone under the control of the employer’s negligence.
Often, proving fault is not as straight forward as you would expect and requires the expertise of a workers’ compensation lawyer to ensure that every possible angle is looked at, all stones overturned, and every possibility considered, before you can proceed with a Common Law claim.
The workers compensation claim process can sometimes be stressful and confusing, however, our specialised workers’ compensation lawyers will ensure that they guide you through and get you the compensation that you deserve.
How Workers’ Compensation Gets Calculated in QLD
Any injuries sustained during the course of your employment will usually limit your ability to work, and often put a huge financial strain on your life. Our workers’ compensation lawyers will work with you to assess your claim by getting an understanding of how your injuries have impacted your life.
Our lawyers will, among other things, consider:
- Your past and future loss of income and superannuation benefits;
- Your past and future medical expenses;
- Any rehabilitation and pharmaceutical expenses you may have;
- Pain and suffering and loss of enjoyment of life due to your injuries; and
- Any past and future care and assistance you may need.
If you have lost a loved one due to a work related accident, you and any other dependants may be entitled to commence a death dependency claim.
Unfortunately, there are strict time limitations which apply to workers’ compensation claims so it is important to speak to a lawyer as soon as possible.
Mobile Workers’ Compensation Lawyers
Need a Free Case Review? We come to you, no matter where you are in Queensland.
We understand that you are likely in ongoing pain and struggling with the daily challenges of life post-accident. To ensure the entire legal process is as stress-free as possible, our lawyers will always happily come to you – either at the hospital, your home or a local café – wherever is easiest for you.
If you prefer to meet in one of our offices, you are always welcome at our head office in Brisbane CBD, or you and your lawyer can arrange an appointment at one of our many visited offices.
Give us a call now to set up your free case review.
Queensland workers compensation law makes it compulsory for all employers to have adequate insurance to cover injuries at work. Work cover insurance provides employers insurance against personal injury claims at work. Worker compensation insurance not only covers full time employees but also part time employees some contractors and even some non-paid workers. If you’ve been injured on your way to or from work, you may also be entitled to make a claim.
Ask us if your travel injury is eligible for compensation. If you’ve been injured at work as a result of someone else’s negligence, you may also be entitled to additional compensation. Ask us if you’re eligible to make damages claim.
Queensland workers compensation law covers the spectrum of employees regardless if you are a full time employee, part time employee or casual employee. The scheme is available to all employees, even self-employed contractors who predominantly work for one business.
Non-paid workers such as volunteers and work experience students are also covered in some circumstances.
Injury compensation claims include a wide variety of injuries, with varying degrees of loss or injury. These may cover various parts of the body including arms, legs hands and feet, neck or back and spinal injuries. Some other injuries include sight and hearing loss or injury, as well as brain injuries. Soft tissue and burn injuries as well as psychiatric and psychological conditions are also included.
Serious injuries are covered and include paraplegia and quadriplegia. Industry related injuries include chemical exposure injuries, burn injuries and also infectious disease.
Under the workers compensation scheme you are entitled to claim lost wages, medical expenses and any rehabilitation costs. This will apply until such time as an independent doctor verifies you are fit to return to work and require no further medical treatment.
You may also be able to claim travel expenses relating to medical treatment and some return-to-work services. Gouldson Legal are Brisbane based specialist workers compensation lawyers and practice work injury law throughout Queensland.
Gouldson Legal operates on a no win no fee basis. For no charge, a qualified workers compensation lawyer will meet with you and answer all your questions. They will also discuss the merits of your claim and your legal rights to make an injury compensation claim in your specific circumstances. If you choose to proceed you will only be charged if you successfully receive compensation. Our professional fees are charged at a competitive rate and not on a percentage of your damages basis.
Those fees are furthermore capped at 30% of your final compensation payout to ensure you won’t be left wanting.
Every claim is as individual as the person making the claim. There are many factors that may shorten or prolong the time it takes for a decision to be made. We will discuss these factors with you and keep you informed of your rights along the way. To speed up the process, ensure you lodge a claim as soon as possible and have accurate and detailed records at hand. Should we require further medical records we will inform you of the detail and also assist you to obtain all the information required to make a claim.
Some of this process is dependent on the stability of your injuries and the stage of your recovery. Give us a call if you would like more information on this process.
Under Australian law it is illegal for an employer to sack an employee for making a claim of compensation, any employer attempting to do so can face serious legal charges.
Commonwealth legislation makes it compulsory for all employers to have adequate insurance to cover work place injury compensation claims.
If you believe your injury was caused through the negligence of your employer or co-workers, you may be entitled to make a damages claim. Damages claims compensate you for the detrimental effect your injury has on your lifestyle. In most cases you cannot accept compensation through a work injury claim and then go on to claim for damages.
It is important that you speak to your Gouldson Legal lawyer immediately if you believe you have cause to make a damages claim. We will explain the claims process and your rights to make a claim.
Do not accept any lump sum payment offer made by WorkCover until you have sought independent legal advice. The aim of a compensation claim is to achieve a settlement payment but you should only do so once you understand all your legal rights. You may be forfeiting your right to claim significant more by way of a damages claim.
Call us and a qualified injury lawyer will explain your rights and the merits of your claim.
Urgently contact us and one of our expert workplace injury lawyers will discuss your compensation claim as strict time limits apply.
Gouldson Legal specialise as workplace injury lawyers in Brisbane on a no win no fee basis.
Strict time limits apply to work place injury compensation claims. Generally you will need to lodge a workers compensation claim with your workers compensation insurer within 6 months. Queensland workers have 3 years from the date of the injury to commence a claim in court.
Contact Gouldson Legal as soon as possible to ensure your claim is not held up should complications arise.
Where Do I Begin?
Ensure you immediately receive the very best medical treatment and advice. You will need to obtain medical evidence to show that your injury is work related.
Don’t forget to also look after your emotional health during this difficult time. Visit our Support Groups page for more information.
Immediately lodge an application for compensation with WorkCover Queensland.
Strict time limits apply.
Contact Gouldson Legal and speak to one of our specialist personal injury lawyers in Brisbane.
They will start the claims process within 48 hours.
DO NOT accept any lump sum payment offer made by WorkCover until you have sought advice from Gouldson Legal.
You may be forfeiting your right to claim significantly more by way of a damages claim.