Workers Compensation- QLD

Workers compensation is designed to assist you if you have been injured in any way during the course of your work, whether it is due to an accident, repetitive strain, or an occupational disease. Under Queensland Workers’ Compensation and Rehabilitation Act 2003, you may be entitled to compensation for medical expenses, lost wages, and rehabilitation costs.

 At our firm, we specialise in guiding injured workers through the complexities of the compensation process. We work diligently to help you access the full support and compensation you are entitled to, allowing you to focus on your recovery and return to work.

Key Points:

Type of Injuries:

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  • Injuries sustained from machinery, falls, or workplace accidents.
  • Repetitive strain injuries, occupational diseases, or psychological trauma related to work.
  • Back injuries, electrocution, and injuries from construction sites.
  • Injuries that happen while travelling for/from work or attending offsite meetings.
  • Psychological injuries resulting from bullying or harassment.

Entitlements:

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  • Medical expenses.
  • Rehabilitation costs.
  • Lost wages.
  • Compensation – Based on the percentage of impairment.

Process:

1. WorkCover statutory Claims:

1. Seek Medical Treatment: Visit a doctor to assess your work-related injuries and obtain a work capacity certificate.

2. Report the Incident: Report the accident to your employer as soon as possible. We can help ensure that your report is clear, accurate, and includes all the necessary information to protect your claim.

3. Have an initial appointment with us: Schedule a consultation with us, where we will guide you through the entire claims process, provide legal advice, and answer any questions you may have. We will spend as much time as needed to ensure you are comfortable moving forward.

4. Submit Your Claim Form: We will help you lodge your workers’ compensation claim online, ensuring it is complete and accurate to avoid delays.

5. WorkCover Assessment: WorkCover has 20 days to assess your case. We will be there to support you, ensuring that you provide all necessary information, and that the process is smooth and efficient.

6. How Does WorkCover Decide on Your Claim? WorkCover evaluates claims based on established guidelines. They will consider:

  • If your claim was lodged within the applicable time limit.
  • Whether the injury occurred while you were employed.
  • Whether the injury is classified under legislative guidelines.
  • If the accident was work-related or another external factor led to your injury.

7. If Your claim is accepted: Upon acceptance, WorkCover may provide financial support for medical expenses, rehabilitation services, and other necessary treatments related to your injury. Workcover may also provide you with weekly compensation based on your previous earnings. We will ensure you understand how these payments are calculated and assist with any further steps in the process.

8.Whole Person Impairment (WPI): If your injury results in a permanent impairment, either physical or psychological, you may be eligible for a lump sum payment. These payments are available after your workers compensation claim ends and are based on a whole-person impairment (WPI) assessment. Seek legal advice before accepting any lump-sum offers, as this could affect your ability to file further claims.

    2.Common Law Claims:

    If your injury was caused by your employer’s negligence, you may be entitled to additional compensation for the damages.

    1. Lodge Notice of Claim: We will submit a notice of claim for damages, which outlines the allegation of negligence against your employer. This needs to be lodged within three years from the date of your injury.

    2. Liability Decision: WorkCover will ask their lawyers to investigate your claim and determine if there was a breach of duty of care. This is called a liability investigation.

    3. Claim Value Investigation: WorkCover will investigate the value of your claim by gathering medical reports, employment records, and other relevant documents.

    4. Informal Negotiations: If employer fault is identified, we will enter informal negotiations to try to settle your claim without going to court.

    5. Compulsory Conference: If no agreement is reached during informal negotiations, a compulsory conference will be scheduled. This is a meeting between all parties involved, possibly including your employer and their representatives. An independent mediator may oversee the discussions to help resolve the dispute.

    6. Final Written Offer: If no agreement is reached at the compulsory conference, both sides will make a final written offer. You will have 14 days to consider the offers. If accepted, your case will be settled, and damages will be paid.

    7. Preparing for Trial: If the final written offers are not accepted, we will prepare to take your case to trial. This involves filing necessary documents and continuing negotiations to potentially resolve the dispute before the trial.

    8. Trial: If the case proceeds to trial, it will be decided in court.

    Example Case:

    An employee slips and falls at a construction site, resulting in a broken leg.

    The worker is entitled to compensation for hospital bills, physical therapy, and a portion of lost wages during recovery.

    Comprehensive Legal Services Tailored to Your Needs

    Have a question or need legal assistance? Fill out the form below, and one of our expert lawyers will get back to you shortly.

    Contact Info:

    Eduardo Cruz

    0429 870 704

    eduardo@flexilegal.com.au

    Brisbane - Australia

    Marisol Garcia

    0470 253 751

    marisol@flexilegal.com.au

    Brisbane - Australia

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