Permanent impairment claims and WorkCover
If you have been injured at work, or as a result of work, you may be entitled to make a claim for compensation.
Seek legal advice from an expert as soon as possible after your injury to ensure your rights are looked after.
Check if you have a claim with our simple, free online tool.
What we will ask:
Details about the accident and injuries that have happened to you or your loved one
Basic personal information that is relevant and necessary for your claim
What happens next:
Either book a no obligation appointment with a compensation law expert right away or,
Speak with our team about your options
Under the WorkCover scheme, injuries are usually assessed for the degree of permanent impairment of an individual. It’s important to obtain expert legal advice prior to any WorkCover impairment assessment, because failing to put forward a strong case at this assessment can severely impact your ability to maximise your entitlements.
What is permanent impairment?
Permanent impairment is an injury that doesn’t resolve or improve with medical treatment. Any worker who suffers from a workplace injury is entitled to a permanent impairment assessment. If a worker suffers an injury in the workplace or because of work-related activities, they may be unable to perform certain functions ever again.
A work-related injury or disease may result in a temporary or permanent impairment, which results in:
Loss of efficient use of part of the body, or
Loss of part of the body
What is permanent impairment assessment with WorkCover?
As part of bringing about a claim for workers compensation in Queensland, you will have to be assessed in relation to your permanent impairment with WorkCover. This is often referred to as a permanent impairment assessment. The assessment is a medical decision made by an independent doctor and is usually expressed as a percentage in order to calculate offers of lump sum compensation. Seeking expert legal help as soon as possible following your injury, and most certainly prior to this assessment, is important to ensure the full scope and scale of your injuries are recognised, and that your case is positioned strongly to maximise your entitlements.
Why seek legal help before the WorkCover statement or impairment assessment?
If you have suffered a significant injury that’s likely to have long-term effects, it can be particularly important to provide a statement to WorkCover, but only in the presence of an expert lawyer. Without doing so, you run the risk of presenting a case that doesn’t take into account all the facts of the situation.
Some words which can be included in a statement, which may appear to be harmless, can cause serious complications further on in the case that will restrict your right to further compensation. For example, if you’ve suffered a major injury, and in describing your injury you stated “it is possible that I may have been distracted”, this might be used later on by WorkCover as the basis of an allegation of contributory negligence.
Seeking legal help prior to the impairment assessment is very important. Without doing so you may not be putting a strong case forward to WorkCover that takes into account the long-term effects of your injury. Once the assessment takes place, it can be very hard to then go back and present a stronger case.
Superannuation and Disability Insurance
If you are unable to work due to illness or injury you might be entitled to benefits through your superannuation or other insurance policies. We recommend speaking to one of our experts for a quick, obligation-free analysis of your situation to determine your rights and ability to make a claim.
How Shine can help
We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation free initial consultation so you can understand your rights and know where you stand.
We are ready to take action to get you access to compensation, protect your future and right wrong. Find out more today:
Permanent impairment FAQs
Can I represent myself, or do I need a permanent impairment lawyer?
It is possible to legally represent yourself when making a claim however, doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.
Without an experienced workers’ compensation lawyer in your corner, it can be difficult to identify and highlight the strengths of your case.
Without the right legal advice and support, you then may not receive the compensation you're entitled to. A lawyer can help you maximise your lump sum entitlements.
Why trust Shine to be my permanent impairment lawyers?
At Shine Lawyers, we put your first. We’ve been standing up for the rights of everyday Australians for over 45 years. As one of Australia’s largest litigation law firms, we are here to help you get the justice you deserve.
Our empathy, understanding and expertise is why we’re ahead of the pack. We’ll stand with you and guide you through every step of the way.
Where are Shine permanent impairment lawyers located?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support.
If you’d like to speak to our workers’ compensation team in person, you can see our full list of locations here.
If you aren't able to find a location near you, we can easily arrange an obligation-free virtual appointment. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.