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Injury at work

Construction worker | Shine Lawyers

If you have suffered an injury or <a href="/service/workers-compensation/workplace-accident-lawyers/">accident at work</a>, it can have a serious impact on your life. In cases of severe workplace injuries, you may not be able to return to work in the same capacity, causing emotional and financial stress for you and your family.

Your right to compensation

If you have suffered an accident at work, you may be entitled to compensation. Shine Lawyers have expert workplace accident lawyers who can help you find out your rights under Australian law, and start a claim for compensation on your behalf.

Our workplace accident lawyers operate on a No Win No basis, which means you don’t have to pay our legal fees at all unless we win your claim at the end. As part of our service offering we can visit you in the hospital or at your home, in the event you are unable to make it into our office.

For more information on how you can access compensation after an injury in the workplace, watch our simple step-by-step guide to compensation below:

Our offer to you

  • Obligation-free consultation to assess your case confidentially

  • Claim assessment process where we will explain all of the options available to you

  • We can come to you - if you can't make it into the office we're more than happy to come to you

  • No Win No Fee arrangement

Common questions about Injury at work

A workplace accident is defined as an occupational accident or accident at work leading to a physical or mental occupational injury. A workplace accident can lead to a prolonged time off work and can have a profound impact on a person’s life. In such instances it may be possible to bring about a claim for compensation.

Examples of common types of accidents or injuries in the workplace include:

No two injuries at work are the same. The effect an injury has on a person’s life is almost always just as different as the circumstances that caused the injury. It’s for this reason that it’s very hard for a lawyer to establish your rights and ability to make a claim, without knowing the facts of your particular situation.


For a claim to be successful it’s important to do the following as soon as possible after your injury at work:

  • Report your injury to your employer immediately.
  • Visit a qualified medical practitioner as soon as possible. You’ll need medical evidence to prove your injury was work related.
  • Lodge a claim with your employer’s insurer.


The last step is where legal experts should be consulted, and really should be as soon as possible following your injury to ensure the full scope of your injury at work is documented, and that the initial statement is taken.

Some people choose to wait until after a WorkCover impairment assessment to see a lawyer, but this is a big mistake. After this assessment it becomes very hard to put forward your strongest case something lawyers are experts at doing), which in turn typically means the compensation you receive is far less and may or may not take into account the full impacts of your injury and the care you will need long-term for your injuries. WorkCover is an insurer and they are not focussed on maximising your compensation.

Injuries at work fall under employment law, which is a broad area of law that focusses on most areas of the employer/employee relationship.

The process when it comes to making a claim for compensation is typically different for every person as no two cases are really the same. Generally speaking, most clients move through the below process when making a compensation claim for their work related injuries.


Claims Process Diagram

If you are injured in the workplace or during the course of your employment, it’s possible you may have a claim for compensation. It doesn’t matter if you are a subcontractor, under temporary employment, full-time, or a part-time employee – you may still have a claim for compensation depending on your circumstances.

A lawyer can advise you of your rights and ability to make a claim for compensation once they know the specifics of your situation.

If you have suffered an injury at work, whether due to unsafe work practices or procedures, or as a result of someone breaching their duty of care – it’s possible that you may have a claim for compensation.


Examples of injuries that can be covered under the workers compensation scheme include:


When it comes to claiming compensation following your injury at work it’s always best to seek legal help as soon as possible following so that your rights are protected and the appropriate process is followed within the required time limits.

If you suffer an injury at work and make a claim for compensation, there are strict laws that exist which ensure you are not sacked because of it.

If you are no longer able to do your job because of the injury or illness you’ve sustained, it is likely your employer won’t be in a position to keep you in your current job. In the event your employer offers you another position at the company, it’s very important you take a considered approach and speak with your doctor first. It’s important that your recovery is managed and that any role you take doesn’t have a detrimental effect on your life.

It’s a common held belief by those without experience in law that if someone brings about a compensation claim for their injury that was caused by someone else, that the person directly or indirectly responsible is the person who will have to pay you your compensation out of their own pocket.

This really isn’t true at all.


In most circumstances the person or entity at fault will not pay anything out of their own pocket for your injuries. It’s mandatory for every employer to have workers compensation insurance and it’s this insurer that will end up paying you the compensation should your claim be successful.

How long a compensation claim may take really depends on your situation and the facts of your particular case. If you have sustained serious injury, it’s important that these injuries stabilise to a point that a medical practitioner can evaluate the effect these injuries will have on your life.

Without knowing the effects the injury will have on your life it becomes hard to maximise your entitlements and put a strong case forward that takes into account the full scope of your injuries. A lawyer is best placed to advise you on how long your claim may take after learning a bit more about your situation.

If you have suffered a workplace accident, you could be entitled to compensation benefits by making a workers compensation claim.

Workers compensation covers injury or death after a work related accident where it can be proven your employer was negligent.

It’s possible you may be able to claim for:

  • Medical and hospital expenses
  • Loss of wages
  • Travelling expenses
  • Permanent impairment compensation
  • Rehabilitation expenses
  • Return to work services
  • Death compensation claims

How much compensation you receive for your injury at work really depends on the effect the injuries have had on your life, your loss of earnings, the state regulations, among many other things.

A lawyer will be able to give you a good indication of how much you will likely receive once they know a bit more about your case.

Compensation is typically calculated by placing a monetary value on the gap between your life path before the injury at work, and your actual life path since.


Compensation Diagram

When it comes to getting the right compensation for your workplace accident, it’s important you always seek legal help to ensure the lump sum payment satisfies all your requirements and costs now and any likely costs you are likely to incur for your injury in the future.

It is not uncommon for lump sum offers to fall well short of a person’s entitlements, leaving the individual out of pocket in the future and unable to claim further compensation. WorkCover is an insurer, and as such they are not interested in advising you of your rights and getting you adequate compensation for your workplace accident.

Always seek legal advice as soon as possible, ideally before you receive any lump sum offer, and most certainly before accepting any offer. It’s a lawyer’s job to position your case in the strongest possible way to ensure you maximise your compensation.

Shine Lawyers provide an obligation free first consultation and provide workplace accident claims services on a No Win No Fee guarantee, which means you don’t have to pay our legal fees at all unless we win your claim at the end.

All employers by law are required to hold workers compensation insurance. What this means is that in the event of a workplace accident – it’s this insurance that pays any applicable compensation if the employer is found to be at fault rather than the business owner, your boss, or a colleague.

Shine Lawyers provides legal services on a No Win No Fee basis, which means you won’t have to pay any of our legal fees unless we win your case at the end.

As part of our workers compensation service offering, Shine Lawyers have a No Win No Fee guarantee, which means you won’t have to pay our legal fees at all unless we win your case at the end of the whole process.

When it comes to the legal costs themselves, these vary from case to case depending on the work required, but a lawyer will be able to give you further information once they know a bit more about your case.

When it comes to making a claim for workplace accident compensation, strict time limits do apply. The time limits vary for each state, and if they are missed, it likely prevents you from claiming your entitlements. It’s important that you seek expert legal help as soon as possible.

It is possible to legally represent yourself when making a compensation claim. 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.

Most people making work injury compensation legal claims choose not to act for themselves and instead engage an expert compensation lawyer. The best compensation lawyers can provide the knowledge and experience required to help guide a case to a successful outcome.

Shine Lawyers has offices in the following locations. As part of our service offering, home or hospital appointments can be arranged at your convenience if you are too sick or injured to come into the office.

Our compensation experts are in the following locations:

Victoria

New South Wales

Queensland

Western Australia

Shine Lawyers has expert injury and workers compensation lawyers that can help you determine your rights and bring forward a claim for compensation on your behalf. The below links contain further information regarding your legal options.

Why choose Shine

Client stories

Our history

Meet the team

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

NSW

injury at work New South Wales

Ron Kramer, Fairfield

Susan Newman, Sydney

Zlatko Mackic, Liverpool

QLD

injury at work lawyers queensland

Jodie Willey, Brisbane

Kathryn Rayner, Townsville

Melissa O’Neill, Brisbane

Michelle Wright, Springwood

Roger Singh, Brisbane

Simon Morrison, Brisbane

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