If you have been injured at work in Queensland, or while travelling to or from work, you may be entitled to compensation.

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Claims can be made for both physical and/or psychological injuries, and claims can also be made when employment has aggravated a pre-existing injury or condition.

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There are 2 stages of workers compensation claims.

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Statutory Benefits

The first known as statutory benefits, the typical payments received from WorkCover Queensland or in some cases a self insurer include partial wage replacement during your time off work and funding for approved medical treatments and rehabilitation.

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Additionally, if your injury results in a permanent impairment, you may be eligible for a lump sum payment.

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It is important to seek legal advice when receiving an offer for a lump sum payment, as accepting the offer may impact your rights to claim further compensation.

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Common Law Damages

If it can be established that your employer or a third party was negligent in causing your injury or illness, then you also have the right to claim common law damages.

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If a common law damages claim is made, an injured worker may be able to claim for various damages, including:

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• Past and future economic loss: Compensation for lost wages and loss of future earning capacity if the injury affects your ability to work now or in the future.

• Pain and suffering: Monetary compensation for physical and psychological suffering experienced as a result of the injury.

• Medical and related expenses: Reimbursement of out-of-pocket costs for medical treatment, rehabilitation, and other related services required due to the injury.

• Loss of superannuation: Compensation for the loss of employer contributions to your superannuation fund due to your inability to work.

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The amount an injured worker can receive depends on a number of factors including: -

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• The type of injury and impairments suffered by the worker

• The age of the worker and their employment history

• The number of wages that has been lost, both in the past and future

• The cost of expenses associated with medical treatment and rehabilitation

• The need for ongoing treatment rehabilitation

 

Strict time limits apply to lodging a claim and seeking review or appeal of a claim decision, including where a claim has been rejected or where a lump sum offer has been made.

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Additionally, if your injury prevents you from returning to work or returning to your usual occupation, you may also be entitled to payments through your superannuation insurance which is separate to any compensation you receive from WorkCover or a self -insurer.

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Contact us for an obligation free discussion about your injury or illness and obtain guidance about your rights and options.