If you have been injured at work then you should be entitled to receive compensation. Most workers in Queensland are insured by WorkCover Queensland. Employees of large companies, such as Local Councils, Qantas, Toll or Woolworths, are often covered by insurance companies set up by the employer.
If you have been injured at work and have not yet lodged a workers’ compensation claim, we can assist you to do so. That can help to avoid your claim being rejected by the workers’ compensation insurer. If your claim has already been rejected then we may be able to assist you to appeal that decision.
If you have been injured because of something that your employer (or another employee) has done wrong then we may be able to assist you to bring a negligence claim for your injury. A successful negligence claim will often result in you being entitled to significantly more compensation than you might otherwise receive.
If you have been offered a payout by your workers’ compensation insurer, you should contact us for advice before making a decision about the offer. Often accepting such an offer can stop you from being able to bring a negligence claim for your injury so it is important that you seek legal advice about any offer that has been made to you.
There are strict time limits that apply to workers’ compensation claims. Changes to the workers’ compensation laws in Queensland have meant that the time limits that apply to your claim can depend upon the date on which you were injured or even first sought medical treatment. This means that if you have been injured it is essential that you seek legal advice as soon as possible because delaying, or failing to seek advice, could cause you to be unable to be properly compensated for your injury.
We can provide you with obligation free advice – it costs nothing to call us and find out if you have a claim.
If you have a claim that we can help with we can provide you with an up-front, fixed fee or capped quote without hidden charges. All of the work we do is on a no-win no-fee basis.
Unfortunately the law in Queensland places restrictions on what information we are able to publish on this website. If you would like to discuss how the law might apply to your circumstances, please contact us on (07) 4049 2865 or send us an email at email@example.com with your questions and contact details.
*this information only applies to work injuries in Queensland, Australia. Other states and countries have different laws that apply.
No. Whilst an incident report is normally an important record of what happened if one wasn’t done then you can still bring a claim.
If an incident report wasn’t done it can be necessary to provide other evidence for your claim to be accepted. You should get legal advice about this.
I didn’t lodge an application with WorkCover when I was injured. Does that mean that I can’t make a claim?
Not necessarily. You don’t need to lodge an application for workers’ compensation on the day you were injured. Whilst you should lodge a claim within 6 months of being injured sometimes claims can be successfully brought even years after an injury.
In most cases, the longer you delay starting a claim the more difficult it is to be successful with your claim.
You can appeal. We regularly help people whose workers’ compensation claims have been rejected. Appeals are complicated so attempting to do one on your own can be risky. Strict time limits also apply to appeals so you should get legal advice about yours as a matter of urgency.
If you have a rejected workers’ compensation application you need to appeal that decision before you can receive workers’ compensation payments to cover time off work and medical costs. In reality this often means being on a public waiting list for surgery instead of getting it paid for by the workers’ compensation insurer.
A successful appeal is also important because if your claim has been rejected you will almost always need to successfully appeal the decision to be able to bring a “common law” claim for your injury.
Yes. But there are some exceptions.
If you are injured outside the boundary of your home when travelling to or from work, on a lunch break, or travelling to training, meetings or even if you are at your staff Christmas party, then you are likely to be entitled to workers’ compensation. That applies even if the accident was your fault.
If you or someone else was a “dependant” then the law allows there to be a lump sum payment of compensation, funeral and other expenses or even a common law claim.
Deciding what is the best option for you can be complicated. We can help you with that decision.
The doctor said my injury was an “aggravation of a pre-existing condition”. Does this mean I can’t claim anything?
No. An “aggravation” is an injury. You can be properly compensated for it.
No. If your employer has workers’ compensation insurance then it is the insurer that is paying the compensation. That is why businesses have workers’ compensation insurance.
If you make a claim your employer’s insurance premium is likely to change, but if their business is viable then that shouldn’t have any significant impact upon them.
I’m a subcontractor/self-employed and WorkCover says I am not covered. Does that mean I don’t have a claim?
No. The law about to whether you are actually a “worker” or not is complicated. You may be entitled to workers’ compensation. If you’re not entitled to workers’ compensation you may be entitled to bring a public liability claim. Often you can do both.