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Questions About Workers Compensation

What happens when you decide to take legal action?
What compensation benefits are you entitled to claim under WorkCover?
What time limits apply in a workers compensation claim?
Can I access a lump sum payment through a WorkCover claim?
Do I need legal advice from an independent workers compensation lawyer?
When should I contact a workers compensation lawyer?
Shine Lawyers offer a no win-no fee arrangement for workers compensation claims

Making a Workers Compensation Claim

It’s possible that you may be able to claim lump sum compensation to cover loss of wages, medical expenses and rehabilitation costs in addition to other forms of compensation and benefits.

Workers compensation is an initiative by the Commonwealth of Australia. It is compulsory for employers to hold suitable workers compensation insurance for their employees, providing different compensation schemes for each state or territory. A WorkCover claim covers injured workers, including part-time workers, casual workers and in many circumstances subcontractors such as owner/drivers and agency nurses. Apart from some rare exceptions, coverage is given irrespective of who caused the injury.

A workers compensation specialist from Shine Lawyers will be able to provide legal support and advice on your work related injury and which workers compensation system applies to you, plus your eligibility for a workers compensation claim and the workers compensation benefits available.

Limitations apply to WorkCover claims, which affect the workers compensation you are entitled to, including the state or territory where the injury or disease occurred and the date you were injured.

What happens when you decide to take legal action

All employers are required by law to have workers’ compensation insurance. This means that in the event of a work-related injury to an employee, it is the workers’ compensation insurance company who pays the compensation amount to the employee if the employer was found to be at fault or providing an unsafe workplace.

If you bring about a claim against an organisation or person, they are required to treat you no different during the process. If found doing so, they could be held liable to discrimination charges against them. Seeking justice and compensation in the event of an employer being negligent should not bring about a change in how you are treated at work or in society.

Workers Compensation Claim Information

Under the Queensland Workers Compensation and Rehabilitation Act 2003 you may be entitled to make a claim for compensation if you sustained a work related injury.

If you suffer an injury as a result of a work related accident you may be entitled to a range of compensation benefits through a WorkCover claim. WorkCover pays compensation to people who have suffered an injury or are killed in a work related accident where negligence can be established.

Under WorkCover, the following is payable;

• medical treatment 
• hospital expenses 
• loss of earnings 
• travelling expenses 
• lump sum payment for permanent impairment 
• rehabilitation treatment and return to work services 

Workers compensation benefits may include;

• stress/bullying claims 
• spinal injuries 
• back injuries 
• arm injuries / hand or finger injuries 
• leg injuries / foot or toe injuries 
• head / eye injuries 
• repetitive strain injuries (carpel tunnel syndrome) 
• death dependency 
• fractures 
• neck and spinal injuries 
• soft tissue injuries 
• chemical and asbestos exposure 

If you have sustained a work injury, you generally have 6 months to lodge your workers compensation claim with your workers compensation insurer. You must also seek medical assistance and obtain medical evidence to show that your injury is work related.

It is possible for a claim to be brought outside the prescribed time limits. However, it is important that you obtain legal advice from a workers compensation lawyer to safeguard your interests in relation to the common law damages time limit.

If you suffer an injury as a result of your employer’s negligence you may be able to claim a lump sum payment through your policy

Many of us have a personal insurance policy, such as life insurance, superannuation, income protection insurance, sickness and accident insurance and can access a lump sum payment through our policy if we sustain an injury in an accident.

An experienced workers compensation lawyers will be able to assist you in identifying whether such benefits exist in your superannuation and/or insurance policy and submit a claim on your behalf. If your application is rejected, your workers compensation lawyer will advise you of the process for challenging the decision.

It is important to seek independent advice from a workers compensation specialist to ensure you get the full compensation you deserve. Sometimes dealing with insurance companies and state authorities in regards to workers compensation claims can be stressful and complicated. Remember, it is not the insurer’s (handling your workers compensation claim) responsibility to provide independent advice.

A claim for damages (also called a Common Law claim) is usually the only way that substantial compensation can be obtained for the full effects of your injury. If you have a matter going to either mediation or court we would strongly recommend you have legal representation to protect your interests. Your highest priority should be to maximise the extent of your physical and psychological recovery.

If you sustain a work related injury, it is very important to engage a workers compensation expert as soon as practical. Early investigation and information gathering is critical to the success of your claim. For example, workers compensation lawyers may need to interview witnesses of the work injury, review work injury reports, or organise experts to investigate and report on accident circumstances for your work injury. The quality of the evidence may affect the compensation amount.

If you suffer a permanent work injury, aside from the injury itself, there are significant financial and psychological effects to consider. If you obtain legal advice early, you will be well prepared to deal with many of the challenges that may emerge in the course of your claim.

Shine Lawyers will only charge fees for workers compensation claims if the outcome is successful. In other words, no win – no fee. However you may be required to make a contribution towards the cost of medical reports.

Many firms will not cover the cost of outlays and those that do often ask clients to take out loans with external companies for outlays which charge credit card rate interest. This is important for you to consider when choosing a lawyer. We cover the cost of the outlays for you throughout the course of your claim and only recover the bank interest we have incurred on your behalf. Which means you don’t have any nasty surprises at the end of your claim.

To take the worry and stress out of your workers compensation claim, Shine Lawyers offer an obligation free initial consultation. If it is more convenient for you, we can also arrange one of our workers compensation experts to visit you at home or elsewhere to discuss your claim.

If you believe you have suffered an injury as a result of a work-related accident, please seek legal advice as soon as practical. The complexity of time limits in a workers compensation claim makes it critical that you obtain advice about your situation immediately.


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