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Statutory workers compensation claims

Workers' compensation

If you have suffered an injury or illness at work or because of your work, you may be entitled to make a workers compensation claim. 

Shine Lawyers are expert statutory and common law claims lawyers that can help you start a claim. It’s important to seek expert legal help as soon as possible following an injury at work, ideally before any permanent impairment assessment - to make sure your rights are protected.

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

There are two types of claims when it comes to workers compensation law in Queensland: 

  1. Statutory compensation claims (no fault needs to be established) 

  2. Common law compensation claims (fault or negligence on behalf of employer must be established)  

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. If your claim is accepted by WorkCover in Queensland, benefits can include: 

  • Weekly payments as income replacement 

  • Lump sums for permanent impairment 

  • Compensation for hospital and medical expenses 

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. 

Learn more about Superannuation and Disability Insurance Claims

How Shine can help with your workers' compensation claim

We have helped thousands of Australians right wrong and access more than $1 billion 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.  

*Conditions apply  

We are ready to take action to get you access to compensation, protect your future and right wrong.  Find out more today:

Workers’ compensation FAQs

Can I represent myself, or do I need a workers’ compensation 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 workers’ compensation 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 workers’ compensation 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. 

Do I have a common law compensation claim?

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. 

  • 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.

Who is protected by workers’ compensation?

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)

Weekly payments as income replacement

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.

Lump-sums for permanent impairment

Once your injury is deemed stable and stationary which 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.

Compensation for hospital and medical expenses

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.

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