Statutory Workers Compensation Claims

Depending on the nature of your case, you may have either a statutory claim, or a statutory claim and a common law claim. To establish which type of claim you are entitled to, it’s always best to speak to a lawyer who can assess the facts of your particular situation.

If you have been injured at work, it can have a profound impact on your life. It’s important that you seek expert legal help as soon as possible following your injury to address the many technicalities and complexities of your case so that your entitlements can be maximised.

When it comes to statutory claims in Queensland, it doesn’t matter who was at fault for causing the injury at work. Benefits are paid to the injured worker regardless of who was at fault.

As part of the statutory claims process, you should always seek legal help as soon as possible following your injury to give yourself the best chance at maximising your entitlements.

Benefits can include:

• Weekly payments as income replacement
• Lump sums for permanent impairment
• Compensation for hospital and medical expenses.

If your claim is accepted by WorkCover in Queensland, they will pay you weekly benefits. The amount of this benefit is calculated as a percentage of your wage. You can usually claim up to 85% of your normal earnings for the first six months, and up to 75% of your normal earnings for up to two years, or until your injuries are deemed stable and stationary.

Once your injury is deemed stable and stationarywhich means it’s unlikely you will improve with further medical treatment), you will be referred for a medical assessment by a doctor on a WorkCover approved panel. It’s strongly recommended that you seek expert legal help prior to this assessment, to allow adequate time to strongly position your case.

If your claim is for a psychological injury, you will be assessed by the medical assessment tribunal MAT). It is strongly recommended you consult with an expert lawyer to maximise your entitlements and ensure you get the right compensation for your injuries.

WorkCover, or the self-insurer, pay for the cost of medical treatment that is considered reasonable. You must have prior approval from WorkCover or the self-insurer before undergoing this treatment.

It’s important you speak to a lawyer as soon as possible following your injury so they can ensure you get the right advice for your situation.

When it comes to common law claims, it does matter who is at fault for causing the injury and negligence must be established against the employer.

Under Queensland law, in order to progress a common law claim, a statutory claim must first be lodged, accepted and assessed by WorkCover or the self-insurer.

Compensation for common law claims can be obtained for:

• Past and future loss of earnings
• Loss of enjoyment of life and pain and suffering
• Medical and hospital expenses

As part of the common law claims process, you should always seek expert legal help as soon as possible following your injury. The technicalities and complexities that can arise in a case require vast knowledge of the legal system, and when it comes to positioning your case in a way that maximises your entitlements – seeking the help of a lawyer is often the best way to proceed.

Under the Queensland workers compensation scheme, all employers are required to insure their employees against accidents.

You are generally protected by workers compensation if you are:

• A casual or permanent employee
• A full-time or part-time employee
• A self-employed worker (in some cases)
• A person deemed to be a worker (juniors, work experience students and some volunteers)

Injuries and illness covered by the scheme include:

• Injuries suffered at work, because of work, or during work activities
• Diseases caused by work
• Diseases or pre-existing conditions made worse by work
• Injuries suffered while travelling for or to work
• Injuries suffered while receiving treatment for a separate work injury.

As part of our service, Shine Lawyers provide most workers compensation claims on a No Win No Fee basis, which means you won’t have to pay our legal fees unless we win your claim at the end.

The legal fees themselves are determined by the amount of work required to successfully resolve your claim. Once a lawyer knows the facts of your particular situation, they should be able to provide a good indication of the fees that are likely to be involved.

Once you have made a claim with WorkCover, it is allocated to a WorkCover claims manager and you will be provided with a claim number. WorkCover should make contact with you and your employer within three days of making your claim.

Before WorkCover make a decision, they will give you the opportunity to provide them with more information about the incident and your injury. WorkCover will also make contact with your employer to notify them that a claim has been made and confirm with them further information such as wage and salary advice.

WorkCover consider particular information when they decide a claim.

This information includes whether:

• Your claim was made within the time limits
• You were employed at the time of the injury by an employer who is not self-insured (self-insurers follow the same process)
• You are considered to be a worker
• Your injury was caused by a work-related event and you were injured because of, or in the course of employment and if the employment significantly contributed to your injury.

WorkCover will collect information from you, your employer, witnesses to the incident, your doctor and other doctors of WorkCover’s choice.

Before any of this happens, and in the immediate aftermath of your injury, it’s important you seek expert legal advice that can help you to position your case strongly.

Shine Lawyers have offices in the following locations in Queensland and WA. As part of our service offering, home or hospital appointments can be arranged at your convenience.

Shine Lawyers have expert No Win No Fee lawyers that can help you determine your rights and bring forward a claim on your behalf.

The below links contain further information regarding your legal options.

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Shine Lawyers also have accredited specialists in personal injury law across the nation.