If you have suffered injury, or an aggravation of a pre-existing injury, in a work accident or during the course of your employment then you may have a statutory workers' compensation claim.
If you believe that the work accident was caused wholly, or partly, by an unsafe work practice then you may be able to make a further Common Law Claim for Damages when your statutory workers' compensation claim is closed.
Statutory workers' compensation claim
All employers in Queensland are required by law to hold workers' compensation insurance with a body such as WorkCover Queensland, a self-insurer or an alternative insurer.
A statutory workers' compensation claim is not dependant on there being any fault. To be accepted you just need to have suffered an injury that occurred during the course of your employment.
The first thing you should do if you are injured at work is report the incident to your employer. You must then seek medical assessment whereby your GP or doctor will complete a workers' compensation medical certificate. They will forward the certificate to WorkCover Queensland on your behalf. You should then contact WorkCover Queensland via telephone, online or email to submit your claim for workers' compensation benefits. You will be allocated a Claims Handler who will liaise with you, your employer and your doctor.
You are initially entitled to benefits for time off work and medical expenses.
Andrew can help guide and support you through the WorkCover process which can be a stressful and complicated road to travel alone.
Andrew can help get your workers' compensation claim accepted if you are having difficulties or if it has been rejected and you need to appeal the decision to the Workers' Compensation Regulator.
On finalisation of your statutory workers' compensation claim you may be offered a lump sum amount for your degree of permanent impairment. It is important that you seek legal advice as soon as possible about the lump sum before responding to the offer. This is because you may be able to make a further Common Law Claim for Damages.
You cannot accept the lump sum offer and make a Common Law Claim for Damages. This is why it is important to seek legal advice on what path to take before doing anything.
Common Law Claim for Damages
A Common Law Claim for Damages is available to those that believe their work accident was caused wholly, or partly, by an unsafe work practice or system of work.
If this is the case then you may be entitled to further compensation (damages) for income loss, medical expenses and pain and suffering.
Andrew can give you advice about whether you can make a Common Law Claim for Damages.
Andrew has represented workers from all types of trades and occupations. Andrew has represented construction workers, retail and hospitality workers, healthcare industry workers, process workers, office workers, commercial drivers, farmers and backpackers.
Strict time limits apply so do not wait to obtain advice about your legal rights.
We offer FREE telephone advice and a 1-Hour FREE face-to-face consultation to discuss your circumstances and provide you with advice on your workers' compensation claim and whether you can make a Common Law Claim for Damages or not. And if so, what compensation you could expect to receive.
Our "No Win No Fee" policy applies to all work accident claims. This means you are not required to pay us anything unless and until we are successful in obtaining compensation for you.
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