Laws in Queensland protect workers in order to provide a safe working environment for every employee. Despite this, things can still go wrong.
Brisbane Lawyers offers a range of legal services for work related claims. This type of accident may relate to motor vehicle accidents, workers claims, head, spinal, and workplace accidents.
Important Facts about Work Related Claims
Legal issues can be complicated and larger claims are often contested in court by legal representatives. Legal support is crucial to protect your interests.
You may be entitled to claim for:
- Psychological issues
- Medical costs
- Disability claim
- Ongoing treatment and rehabilitation
- Loss of income, including current or future income, or both
- Other damage affecting you or your family
There are also possible risks for claimants in this area of law:
- Claims may not reflect claimants’ full entitlements.
- Claimants may not be aware of their right to claim
- Claimants may finalise a claim without obtaining their complete entitlements.
Why You Need a Lawyer for Your Claim
There are two ways of settling a worker’s claim and both require the presence of expert lawyers on your side:
- Settlement by negotiation: Negotiating a claim without expert legal support may put you at a significant disadvantage in negotiations with opposing lawyers. The best way to manage cases is to ensure that you receive appropriate legal guidance and support prior to considering any settlement of your claim.
- Court action: You must have a lawyer and proper legal services to pursue a claim in court. In a court action for claims, there is often a considerable range of legal processes, related documentation, witnesses, and other matters related to making your claim.
Talk to Brisbane Lawyers about Your Workers Claim
- Work Related
- Motor Vehicle Accident
- Public Liability
- Work Accident Claims
- Medical Negligence
- Work Place Disputes
Call Us or Contact Us Online
For any help, support and legal services you need for a claim regarding work related accidents, contact us online or call Brisbane Lawyers on (07) 3188 5800.
Read on for a list of common queries that we are usually asked by a person in your situation:
Am I entitled to make a workers claim?
Every workplace must be insured for workers to ensure that each employee is protected in the event of a workplace accident and any discomfort that may arise as a result. It does not matter who was at fault.
Most employers are insured by WorkCover Queensland. Other employers such as Toll, Coles, Woolworths and QANTAS are self-insured.
If your accident is work-related, then workers cover will cover you if you are:
- A full-time employee;
- A part-time employee;
- A casual employee;
- On a work experience placement.
You may also be covered if you are:
- A volunteer.
Our experienced lawyers for disabilities sustained at work will look at all aspects of the nature of your job role to ensure you are receiving the benefits you are entitled to.
Anything can go wrong in any industry or profession although some of the more common complaints arise out of:
- Construction and labourer roles;
- The meat processing industry;
- Warehouse duties;
- Nursing and personal carer roles.
What kind of work accidents will be covered?
The scheme will cover just about any type of accident as long as it is related to a workplace accident.
While there is no workaccident that is too obscure for our specialised workplace accident lawyers, some of the more common work accident claims include:
- Neck and back strain;
- Shoulder – bursitis and rotator cuff tears;
- Knee dislocations;
- Spinal – treated surgically with spinal fusions;
- Head and brain trauma;
- Elbows and wrists – tendonitis; carpal tunnel syndrome and other repetitive strain;
- Broken bones;
- Eye and facial;
- Industrial deafness;
- Chemical exposure;
- Infectious disease;
- Psychological / mental / emotional / cognitive disabilities and disorders.
What will I be covered for?
Making a workers claim for your work accident means that you are covered for any of the following:
- Medical expenses (doctor and specialist appointments);
- Treatment (rehabilitation and surgery).
Do I really need a work claim lawyer guiding me through my workers claim?
You might be wondering why you need a solicitor specialising in workplace accidents when you have been informed that you only need to fill in some workers caim forms to get the ball rolling.
The truth is there are so many aspects in a workers claim that it is easy to overlook and miss out on benefits that you are entitled to. For example, your application may have been rejected, the insurer may refuse to fund medical treatment such as surgery, or the insurer may have stopped paying your weekly benefits (wages).
It is so important to be well-informed of your workers rights and Brisbane Lawyers will work to ensure that you have the maximum amount of benefits to help you recover from your workplace accident.
My workers claim is about to close – what next?
When your workers claim closes (i.e. you are certified fit to return to normal duties or your medical treatment ceases) then you may be entitled to lump sum payments that are outlined in a document called a “Notice of Assessment”.
However, accepting a lump sum offer can have terrible consequences on any further rights you may have to make a further work accident claim for damages (money).
We find that most workers are not aware of the best decision to make at this stage of the claim. Speaking to one of our expert work solicitors will help you understand what further rights you have and whether you should accept or ignore any lump sum offers.
If I want to proceed with a further claim against my employer, then what are some of the scenarios where my employer could be found at fault for causing my workplace accident?
Some of the common situations that lead to work accidents include:
- Failing to provide and enforce staff rotation;
- Expecting staff to adhere to unrealistic timeframes and quotas;
- Repetitive movements;
- Lack of training;
- Failing to provide assistance;
- Faulty and defective tools, machines, plant or equipment;
- Negligent behaviour, or a mistake, by a co-worker.
What can I claim for if I proceed with a further claim against my employer?
Our aim at Brisbane Lawyers is to obtain full reward for you to cover:
- Medical expenses (treatment, doctor’s visits, hospital, surgery, specialist appointments);
- Rehab costs (physio, chiro, massage, acupuncture);
- Loss of earnings (past and future);
- Pain and suffering;
- Paid care (nursing, cleaning, gardening).
How long will my claim take?
This varies on the complexity of the work place accident, the extent of your work accidents and when your workers claim is likely to close.
Speaking with an experienced workplace accident lawyer from our office will help you understand the possible timeframes for your work accident claim.
How much is my work claim worth?
The amount of money you can claim is influenced by a whole range of factors, namely:
- Your age;
- The extent of your workplace accident;
- What you do in your line of work;
- Whether you own a business;
- Whether you have lost wages or will continue to lose wages to some extent going into the future;
- How much you have spent on treatment and other medical expenses and if this is required going into the future;
- The level of care you now need.
Our dedicated workplace accident lawyers will arrange a medical appointment with a doctor who is specialised in assessing the particular accident you had. The doctor will then provide your solicitor with a medico-legal report to support your work accident claim.
Who pays the money if I proceed with a further claim against my employer?
If you decide to make a further work accident claim against your employer after your workers claim closes, then the relevant insurer would be responsible for paying out any settlement funds owed to you e.g. WorkCover Queensland.
What sort of legal fees will I be charged?
Brisbane Lawyers operate on a ‘No Win No Fee’ basis. If you have a successful work accident claim where you are paid a sum of money, then legal fees are simply taken out at the end when your matter settles.
The amount of legal fees varies for each individual claim depending on the complexity and nature of your workplace accident lawsuit.
Is there a time limit?
You have three (3) years from the date of your work accident to make a claim. Although, timeframes can be difficult to distinguish if you have an accident that has occurred over a period of time. This is why it is so important to contact one of our expert work accident solicitors as soon as possible.
If you suffer from a accident or an illness as a result of a work accident during work or travelling to and from work and as a result of negligence by an employer or colleague, you may be entitled to claim.
Workers Cover, covers you for damages such as pain and suffering, relevant medical expenses and loss of income. It can be paid through a government-funded insurance scheme called WorkCover or through a workers insurance policy held by your employer.
Common Work Accidents
Workers schemes will cover almost every accident related to a workplace accident. This includes:
- Strains, dislocations, broken bones and other trauma
- Repetitive strain , e.g. carpal tunnel syndrome
- Blindness and deafness
- Chemical exposure
- Infectious diseases
Making a Claim
To make a claim, your employer must know a work accident has occurred. You should do this even if you don’t think the accident is severe at the time as the full extent of the accident might not yet be known.
A workers claim should then be lodged with your employer who will advise the relevant organisation. You’ll need medical evidence to support your claims. If you take time off work you should begin receiving payments soon after.
If you have sustained a permanent disability, you may be entitled to lump sum for the disability sustained. If the disability you have suffered occurred as a result of the fault or responsibility of your employer or another person, you may also be able to make a common law negligence claim.
Get in Touch
We understand that it can be difficult to deal with financial concerns and your legal rights while hospitalised or in pain. Brisbane Lawyers can help you obtain fair claim or damages where possible.
We believe every person has the right to have legal representation, which is why we charge no fees until the successful conclusion of your claim. We pay all the outlay costs, including medical and investigation reports until your claim is over. No Win, No Fee.
Time limits apply. Don’t hesitate and speak to one of our lawyers today on 07 3188 5800 or contact us online.