Everything you need to know about guarding your rights in worker’s compensation claim

If you have suffered an injury at work or in the course of your employment, you may be eligible to claim workers’ compensation benefits.

In Queensland, employers must insure their workers with Work Cover Queensland under a Car accident lawyers in Brisbane Insurance Policy. Some employers are self-insured and manage their own workers’ compensation claims.

Workers’ compensation benefits are a safety net for eligible workers who suffer work-related injuries, which include physical and psychological injuries. Benefits include medical expenses, hospital expenses, and rehabilitation expenses, travelling expenses, lump sum payments, death benefits and weekly benefits (loss of wages).

If you have suffered a work-related injury, you should seek medical attention as soon as possible and report the incident to your employer (in writing) as soon as practicable.

Your application for compensation should be lodged with Work related accidents lawyers in Brisbane as soon as possible but ideally, within 20 business days after the injury. Your application must be accompanied by a Work Capacity Certificate completed by your treating doctor. You should be aware that if your application is lodged more than 6 months after the injury, your claim will only be accepted in limited circumstances so it is important not to leave it until it is too late.

Work Cover has 20 business days to make a decision on your claim. Work Cover may request further information from you and your doctor to make their decision. They will also gather information from your employer, witnesses to the injury and any other parties who may assist in their decision making.

There are two aspects to workers’ compensation Claims. A claim for workers’ compensation benefits is referred to as a statutory claim and it is a ‘no-fault scheme’. This means you may be entitled to benefits regardless of who was at fault in the incident causing your injury.

In comparison, a common law claim is one in which you may sue your employer if you can prove negligence (fault) on their behalf and that their negligence caused your injury. The damages that can be recovered include an amount for pain and suffering, past and future financial loss, travel expenses and medical and rehabilitation costs. These are not factored into the statutory claim offer and for that reason; a common law claim better compensates you for your past losses and better protects you against your future losses.

Speak to an experienced team member at Brisbane Lawyers today. Get in touch with our compensation lawyers on (07) 3422 4302 or contact us online.


Written By: Annie Morales