If you have been injured at work, or as a result of work, you may be entitled to make a claim for compensation under Queensland or Western Australia law.
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.
If you are looking to make a WorkCover impairment claim, seek legal advice from an expert as soon as possible after your injury to ensure your rights are looked after.
Learn more about the process for bringing a compensation claim with Shine Lawyers through the video below:
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Common questions about Permanent Impairment Claims and WorkCover
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
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.
Under Queensland law, if you have suffered an injury at work or because of work, there are two types of claims:
- Statutory claims (no fault)
- Common law claims (fault typically established and employee seeks common law action through courts)
Your ability to make a claim under statutory or common law claims really depends on the facts of your situation and the laws in your specific state. No two claims are the same, so it’s best to seek legal help from a lawyer so they can advise you on your rights and entitlements as soon as possible.
If you make a claim through the WorkCover system there are many steps involved. You may have to provide a statement or attend a WorkCover impairment assessment, among other things. It’s very important you seek legal help before any of the abovementioned, so you can put a strong case forward to maximise your entitlements and ensure the full scope and breadth of your injuries are taken into account by WorkCover.
Seeking legal help before making a statement is always a good idea. An investigator who has requested you provide a statement will always respect a request for you to consult a legal advisor before doing so.
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.
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.
It’s important to seek expert legal help as soon as possible following your injury, and most certainly prior to this assessment, to ensure the full scope and scale of your injuries are recognised, and that your case is positioned strongly to maximise your entitlements.
Once a lawyer knows the ins and outs of your case they should be able to give you a good idea as to the timeframes involved.
The legal costs themselves depend on the amount of work required to resolve your claim and this is different depending on your circumstances and the complexity of your case.
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
The below links contain further information regarding your legal options.
Why choose Shine
Meet the team
Shine Lawyers also have accredited specialists in personal injury law in Queensland:
Jodie Willey, Brisbane
Kathryn Rayner, Townsville
Melissa O'Neill, Brisbane
Michelle Wright, Springwood
Roger Singh, Brisbane
Simon Morrison, Brisbane
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