Workers Compensation is designed to support workers who have been injured on the job. If you are injured at work in Queensland, you may be able to claim compensation to cover your wages, medical expenses and rehabilitation costs in addition to other types of Workers Compensation and benefits. If you have suffered an injury at work or because of work, there are two types of claims:
- Statutory claims
- Common law claims (where the employee seeks common law action through the Courts)
Seeing a lawyer early in the process and before the assessment can allow for stronger positioning of your case, which in turn gives you the best opportunity to maximise your entitlements. Everyone’s situation is unique, no two work accidents are the same.
WorkCover Compensation can include weekly payments, medical expenses and an impairment lump sum and can be provided regardless of who was at fault.
The Workers Compensation scheme covers:
- Casual and permanent employees
- Full-time and part-time employees
- Some self-employed workers
- People deemed to be workers (jurors, work experience students, some volunteers)
Injuries covered by the Workers Compensation scheme in Queensland include:
- Injuries suffered at work, as a result of work or during work
- Diseases cause by work
- Diseases or pre-existing conditions made worse by work
- Injuries suffered while travelling for work
- Injuries suffered while receiving medical treatment for a separate work injury
A number of factors can affect the amount of compensation you may be entitled to. A solicitor can give you advice about your rights. A work injury doesn’t have to be physical. It can also be stress- related.
In most cases, you have six months to lodge a workers compensation claim. You must also get medical evidence to prove that your injury is work-related. In Queensland, you need to make a claim within three years from the date of the accident. Pre-court procedures take time so we recommend that you seek legal advice at as soon as you can.
To make a successful claim, it’s important to do three things:
- Report your injury to your employer immediately
- Visit a qualified medical practitioner as soon as possible. You’ll need medical evidence to prove your injury is work related.
- Lodge a claim with your employer’s insurer.
It’s best to seek medical advice as quickly as you can, as your right to compensation begins on the date you see a doctor, not the date you’re injured. The longer you wait, the more you could lose in entitlements.