Cairns Personal Injury we are lawyers that know that injury in the workplace can have a devastating impact on you and your family.
To support people who have been injured while at work, a scheme of insurance administered by WorkCover Queensland has been developed and most employers in Queensland are members of this scheme.
WorkCover Queensland provides compensation to those who are injured or cannot work due to their injuries. Workers’ Compensation takes two forms:-
- Statutory Benefits; and
- Common law damages.
Statutory Benefits are designed to assist people who sustain injury while they are recovering from their injury. Statutory Benefits generally include:-
- Payment of 85% of your normal weekly wage;
- Payment of your hospital, medical and other expenses associated with your injury.
Statutory Benefits are paid even if you caused the accident in which you sustained injury.
Statutory Benefits are designed to provide support to you while you are recovering from injury before you return to work.
Common Law Damages
Common Law damages are designed to compensate workers who have been left with a residual disability as a result of a workplace injury.
Common Law damages are only claimable if you can establish that your employer or another worker caused or contributed to the accident which resulted in your injury.
Cairns Personal Injury Lawyers act for people injured in the workplace as a result of the actions of their employer or another employee.
Contact our personal injury lawyers on 1800 632 930 or submit an enquiry online if you have been in a work accident.
Frequently Asked Questions
Do I have a claim?
If you are injured in the workplace then irrespective of who is at fault you can claim Statutory Benefits.
If you are injured in the workplace and your injury was caused by your employer or a co-worker then you may have a right to claim Common Law damages. Claiming Common Law damages is complex. We recommend you consult this firm if you have been injured at work and failed to make a full recovery to determine if you are eligible to claim Common Law damages.
Please call us on 1800 632 930 for your free assessment or submit an enquiry online.
How do I make a claim?
If you have suffered injury in the workplace you should report it to your employer and complete a WorkCover Claim Form. You should then ask your general practitioner or hospital to complete a Worker's Compensation Medical Certificate.
We advise that both of these forms can be found at
WorkCover Queensland will then make investigations and advise you whether your claim for Statutory Benefits has been accepted. Claims for Statutory Benefits are usually accepted by WorkCover Queensland. If WorkCover Queensland rejects your claim you have rights of appeal.
In addition to Statutory Benefits, you may also be entitled to make a claim for Common Law damages if the employer or a co-worker caused your injury.
The process of making a claim for Common Law damages is a complex one and requires the issue of a Notice of Assessment by WorkCover Queensland and the giving of a Notice of Claim under the Workers Compensation and Rehabilitation Act 2003.
Our personal injury lawyers will draft this notice for you, to ensure that your case is properly explained and presented to your employer and to WorkCover Queensland.
What are my time limits?
A complying Notice of Claim under the Workers Compensation and Rehabilitation Act 2003 must be given to your employer and/or Work Cover Queensland within three years of the date of the accident. Persons under the age of 18 years can make a claim until they turn 21.
In certain circumstances, a claim may be made outside the three year limitation period, however this can only occur in specific circumstances.
It is important to seek advice as soon as possible after your accident to ensure that your rights are protected.
How long does a claim take?
We are usually in a position to commence negotiations to settle your claim within 2 years of the date of the accident.
How much can I claim?
You can claim for the impact your injuries have had on your lifestyle and your ability to work.
The claim for the impact your injuries have had on your lifestyle is called a claim for General Damages or pain and suffering.
The claim for the impact your injuries have had on your ability to work is called a claim for Past and Future Economic Loss.
You can also claim for out of pocket expenses and in some circumstances care.
How much does it cost?
We work on a no win no fee basis, which means you only pay if your claim is successful.*
Do I have to go to court?
We advise very few matters go to Court.
In our experience approximately 95% of matters are settled by negotiation. We keep you informed at all times when we are negotiating your claim with an insurer.