Swanwick Murray Roche Lawyers

74 Victoria Parade, Rockhampton QLD 4700   •   (07) 4931 1888   •   SERVICE PORTAL

Work Related Injury Compensation Claim

Swanwick Murray Roche – Rockhampton & CQ Work Related Injury Accident & Workcover Injury Compensation Lawyers and Solicitors

Workers Compensation Legal Process in Queensland

In the unfortunate event that you suffer an injury at work or because of work you may be entitled to compensation.

This compensation provided by WorkCover Queensland or a self insured employer  falls into two types:

  • Statutory claims (being a no fault scheme where an entitlement to compensation simply rests on your ability to show that you are a worker and were injured at work);
  • Common law claims (claims where ongoing loss is claimed commenced at the completion of the statutory phase and where it is necessary to show fault on behalf of your employer for the event occurring).

Claims in Queensland invariably begin with a statutory claim being lodged.

It is always preferable to see a Lawyer as early as possible after a workplace injury to assist you in navigating your interactions with WorkCover and by also placing you in the best position to maximise your entitlements.

The amount of compensation that you will be entitled to receive depends on:

  1. The extent of your injuries;
  2. Your age;
  3. Your employment history;
  4. For the amount of wages lost both current and future;
  5. Extent of ongoing medical assistance required;
  6. Whether you will require care, either now or in the future.

What We Do

WorkCover and Work related injury and accident compensation law is a key service that we provide to corporate and private clients.

We provide compensation law services to corporate clients and individuals in all compensation areas including the following:-

  • Dust disease compensation claims;
  • Public liability compensation claims;
  • Road accident injury compensation claims;
  • Work related injury compensation claims;
  • Total and permanent disability or death superannuation insurance claims.

Swanwick Murray Roche is a leading Queensland compensation and injury law firm.

Our team are experienced workers’ compensation, public liability and motor vehicle Lawyers and Solicitors. Our injury and accident Lawyers and Solicitors are experienced and focused on getting you a fair result.

We specialise in WorkCover claims and obtaining the best possible results for our clients.

Our Process

Our Queensland Compensation Lawyers and Solicitors assist you with your compensation claim to ensure that you know about your rights and entitlements.

Our Process is this:

Step 1: Get in touch – tell us what happened, we are here to listen.

Step 2: Free first consultation – our first consultation is free. We will organise to sit down with you anywhere in Australia, listen to your story, take down all the particulars we need to give you initial advice.

Step 3: Negotiation – we will manage all discussions with the insurer on your behalf to get you the best result possible.

Step 4: Settlement – your matter will be progressed through to a settlement conference or if necessary, trial in an expeditious manner.

No Win, No Fee Work Related Injury Law Compensation Lawyers & Solicitors

We offer a no win no fee compensation claim. This means if we take your case on and it isn’t successful, you will not have to pay our legal fees.

Speak to us more about how you can benefit from our no win no fee policy.

We will meet you anywhere

If you are involved in an accident or injured there may be many overwhelming things for you to think about.

Let us make it easier for you – we will come to you anywhere in Australia by agreement to make things easier for you and to provide advice on your legal position.

Our team

Head to our team members page to meet our professionals.

Resources

Check out some of our recent legal updates and compensation resources that you might find useful on this Compensation Resources link. Please remember that these updates and resources are general guidance only. If you need legal advice, you should contact us to discuss your matter as your personal circumstances may not suit the circumstances described in the updates and resources.

Contact 

To talk about your matter – reach out to us via any means to start a conversation. All of our contact information is listed here on our Contact Page.

Frequently Asked Questions

Who can claim work injury compensation?

In the event that you have suffered a work-related injury or had an accident on the way to or coming home from work, you may well be entitled to workers’ compensation.

The following types of workers can claim workers’ compensation:

  • Full time employees;
  • Part time employees;
  • Casual employees;
  • People deemed to be workers which include jurors, work experience students and some volunteers.

What type of work related injuries can I claim for?

You can claim workers’ compensation injury for injury or illness sustained through work related activities. Some common injuries include:

  • Spinal injuries;
  • Industrial deafness;
  • Burns;
  • Fractures;
  • Falls;
  • Crush injuries;
  • Injuries to the respiratory system;
  • Psychological injuries
  • Brain injuries;
  • Repetitive strain injuries;
  • Shoulder Injuries;
  • Neck Injuries;
  • Back Injuries.

Are there time limits as to how long I have to make a workers’ compensation claim?

Time limits vary under different State and Federal laws. It is important that you report your injury to your work and workers’ compensation insurer as soon as possible. Strict time limits do apply to workers’ compensation claims. To avoid missing any important dates, you should contact a Lawyer quickly.

How much will it cost to make a work injury claim?

The amount of work your case takes will determine its cost. If your claim is successful your legal fees will come out of your compensation. However you will always be awarded the majority of the damages.

How long will the workers compensation claim take?

How long the claim takes depends on a few things. For example, how complex your particular situation is. Once a Lawyer has an understanding they will be able to give a better idea of the timeframes involved in the matter.

Do I have to prove the injury happened?

Yes. It is up to you to prove the incident happened. There are different ways that you can prove the incident occurred and we will be able to help you go through these different options with you.

Is there a chance I will lose my job if I make a claim?

There are laws in place to ensure you are not sacked because you have made a workers’ compensation claim. However, if you are no longer able to do your job because of illness or injury it is highly likely that your employer will not be in a position to keep you in the job in any event.

What should I do if I have been injured at work?

To make a successful claim, you should do the following:-

  1. Report your injury to your employer immediately;
  2. Visit a qualified medical practitioner as soon as possible;
  3. Provide them with a full description of what occurred to you and the injuries you have suffered as a result. You will need medical evidence to show that your injury is work related;
  4. Lodge a claim with your employer’s insurer.

It is best to seek medical advice as quickly as you can as your right to compensation depends on the date you see a doctor, not the date you are injured. The longer you wait, the more you could lose entitlements.

Will I need to go to court for my workers’ compensation claim?

The vast majority of claims are settled before going to trial. In some matters, there is no alternative to court however, this is only on very rare occasions.

Can I claim for a death of a member of my family who died in a workplace accident?

If a member of your family has died in a workplace accident you may be entitled to claim damages under WorkCover.

What happens if I don’t win my workers’ compensation claim?

If you aren’t awarded any compensation you won’t have to pay any of your legal fees however, you may have to cover the legal costs of the person or company which you made the claim against.

Can I claim income protection through my superannuation?

Yes you can. If you have taken out income protection as part of your superannuation policy. Also if you are forced out of your trade or job due to your injury you may be entitled to a superannuation lump sum. You are not able to obtain these payments while you are receiving wages through a statutory claim at WorkCover.

Does my employer pay the Damages I am awarded?

No the claim is made through an insurance company and they are responsible for the payment of the damages.  Like any insurance policy the employer premium may rise as a result of the claim but they are not responsible/liable for the damages paid to you.

My Employer says they do not have WorkCover, is this right?

This is not correct, every employer in Queensland is required by law to hold WorkCover insurance.  In the event that they do not hold insurance  WorkCover on determination that you are entitled to cover will extend cover on behalf of the employer.

 

 

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