Workplace Accidents

If you are a worker within the meaning of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and you have been injured in the course of your employment then you may be eligible to claim for Workers’ Compensation. There are eligibility requirements that a Claimant must satisfy in order for WorkCover Queensland (or a self-insurer) to accept a Workers’ Compensation claim.

Physical injuries, psychological injuries and aggravations of injuries are covered by the Act. Injury can also include death.

If you are injured in the course of your employment then you should firstly notify your employer as soon as possible after the injury occurs. Similarly, it is also important that you seek necessary medical advice from your GP. To submit a Workers’ Compensation claim, you need to fill out the required forms under the legislation and ensure you also have the relevant medical certificate. If you need assistance, it is a requirement that your employer assist you in lodging your claim (if you request them to do so). You can lodge your claim either online or over the phone with WorkCover Queensland.

It is important that you notify your employer and formally report the incident and your injuries as soon as possible. Generally speaking, a claim for Workers’ Compensation is only valid if it is lodged within six months after the entitlement to compensation arises (this can vary and you should seek legal advice). If you have been injured in a workplace accident contact our office and request to speak with one of our experienced solicitors to ensure your rights are protected.

If your application for Workers’ Compensation is accepted, WorkCover Queensland or your employer’s self-insurer will be responsible for paying you compensation. If you are unable to work as a result of your injuries, WorkCover is obliged to pay weekly compensation in lieu of your usual wage. WorkCover must also pay for the cost of any reasonable medical, hospital and rehabilitation treatment.

Our firm acts on a “no win, no fee*” basis so you do not need to pay any legal fees until the successful completion of your claim. Contact our office to discuss our “no win, no fee*” arrangement or find out more here.

If your Workers’ Compensation claim is accepted and, because of your injuries you are unable to work, WorkCover is obliged to pay weekly compensation in lieu of your usual wage. WorkCover are not, however, obliged to pay you your full wage. WorkCover will pay 85% of your weekly earnings for the first 26 weeks and then 75% of your weekly earnings between 26 weeks and five years.

You may be entitled to receive a lump sum compensation if you have sustained a degree of permanent impairment.

On top of your weekly benefits, WorkCover also pay for reasonable medical and rehabilitation expenses such as doctors' reviews, physiotherapy treatment, counselling and in some circumstances, surgery.

Unlike Workers’ Compensation benefits such as WorkCover weekly payments, generally funds received under an income protection insurance policy cover have no maximum payment benefit. However, if benefits are being paid under an income protection insurance policy, then generally you will be excluded from claiming further weekly benefits from WorkCover. To learn about your options, contact our office and speak with one of our experienced solicitors today.

If you were injured in a workplace accident and are no longer able to complete personal care tasks, household tasks or gardening/mowing as a result of your injury, you are entitled to claim the costs of hiring someone to provide this assistance. It is important that all receipts for such services are kept as these will be required to prove any past payments for assistance.