If you've been injured in the <a href="https://www.shine.com.au/service/workers-compensation/">workplace</a> in Queensland or Western Australia (WA), or if you believe your workplace may have contributed to an injury or disease (e.g. <a title="Mesothelioma Lawyers" href="https://www.shine.com.au/service/asbestos-compensation-claims-lawyers/mesothelioma-lawyers/">Mesothelioma </a>or <a title="Occupational Asthma, lung diseases and WorkCover" href="https://www.shine.com.au/service/workers-compensation/occupational-asthma-lung-skin-diseases/">occupational asthma</a>), then you might have a claim for compensation. <a href="https://www.shine.com.au/">Shine Lawyers</a> can advise you on your rights and help you obtain the statutory benefits and compensation that you're entitled to.
Workplace injury claims can be made for industrial accidents, industrial deafness, back injuries, slipped disc injuries, neck injuries, RSI injuries, psychological injuries, occupational asthma, chemical exposure, asbestos diseases, severe stress conditions sustained at work, among many other things.
Workplace injury claims legal process in Queensland and WA
No two work accidents or injuries are the same. The below image is a good representation of the workplace injury claims process in Queensland and WA and how to access compensation after your injury in your place of employment.
How compensation gets calculated in workplace injury lawyers
Depending on the nature of your work injury in Queensland and WA, in most instances a monetary value is placed on the gap between your predicted life path before the workplace accident, and your actual life path since the injury. Seek expert legal advice for your situation so that you get the right advice.
This page is written specifically for a Queensland or Western Australian audience. Restrictions in these states prohibited us from showing certain information regarding our legal services, so if you are located outside these states please click here for information on workplace injury law.
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Common questions about Workplace Injury Claims Queensland and WA
If you’re injured in a Queensland or WA workplace, or in the course of your work, you might be able to claim compensation. Workplace injury claims fall under employment law, which is a broad area of law that focusses on most areas of the employer/employee relationship.
It doesn’t matter if you are subcontractor or you hold your own insurance policies, you may still have a claim for workers compensation under Queensland or WA law.
If you’re not regarded to be a worker, then you may also have other entitlements under public liability law that you can access. Shine Lawyers can advise you on any of these areas of law and can establish if you have a claim.
Shine Lawyers can provide you with advice if:
- You want to know if you can claim compensation for a work injury
- You have received an offer of lump sum compensation and you are not sure whether to accept it
- Your workers compensation is rejected or stopped
It doesn’t matter if your injury happened during a break in your workplace, or when you were performing duties. It also doesn’t matter if the injury was your fault, you may still have a claim for compensation under Queensland or WA law.
Injuries in the workplace that are covered by the workers compensation scheme include damages, illnesses or diseases, psychological disorders, burn injuries, hearing loss and aggravation of degenerative conditions.
It’s important you seek legal help to make sure you receive the compensation your entitled to.
Yes. Strict time limits apply for WorkCover and workplace injury claims in Queensland and WA. It’s important that you seek independent legal advice from our expert workers compensation lawyers at the earliest opportunity after an injury at work to make sure your interests are looked after and that you have the best chance to make a workers compensation claim.
If you don’t do this, it may impact your potential to a claim and your compensation entitlements.
It’s important that you get legal advice from our expert workplace compensation lawyers as quickly as possible following your workplace injury. If you don’t seek independent legal advice, then you may miss deadlines for bringing a claim forward and loose your right to compensation.
It’s important to note that the insurer handling your work injury claim cannot give you independent advice. This is where our workers compensation lawyers at Shine Lawyers can help. Our workplace compensation lawyers will be able to advise you, which workers compensation scheme applies to your work injury case, whether you are eligible to make a workers compensation claim, and if so, what workers compensation benefits are available to you.
The sooner you do this, the quicker you will be aware of what financial assistance will be available to you when you most need help with your work injury claim.
If your workplace injury case involves the negligence of your employer or another party, you may be able to claim lump sum compensation for your work injury. Depending on the circumstances, your lawyer may need to gather vital information for your workers compensation claim such as:
- interviewing witnesses of the work injury
- reviewing investigative work injury reports
- engaging experts to report on accident circumstances for you work injury
Whatever your circumstance or work injury, time is of the essence – early investigation and action may be critical to the success of your workers compensation claim.
If you’re self-employed or a sub-contractor, you may still be covered by WorkCover in Queensland or WA. If most of your work is for one organisation or you are treated by the organisation in a similar way to an employee then you may still be covered.
It’s important you seek expert legal advice from our workplace compensation lawyers as quickly as possible following your injury to see if you have a claim.
If you’ve been injured at work in Queensland or WA, then you may be entitled to a range of compensation benefits through a workplace compensation claim. There’s a lot of things that can affect the compensation amount you may be entitled to and our lawyers will work on your behalf to get the best outcome for your situation.
It’s impossible to give you a rough estimate without knowing your full situation. Shine can provide this information to you after we know the full facts of your case.
You may be able to claim compensation for:
- pain and suffering, including loss of quality of life
- immediate and future medical expenses, and
- loss of earning and future earnings.
Always get expert legal advice from our workplace compensation lawyers before accepting any offer from WorkCover.
If you sign documentation from your employer or your employer’s insurance company including WorkCover’s Notice of Assessment) before you speak to a lawyer, you may then be ineligible to seek enough compensation for your injuries. The lump sum compensation offered by WorkCover might not adequately compensate you for the long term consequences of your injuries.
Shine Lawyers will make sure your claim covers everything that you’re entitled to. Our lawyers can also help with advice about:
- lump sum compensation entitlements
- rejected WorkCover claims.
By law, all employers in Queensland and WA are required to have workers compensation insurance. What this means is that in the event of a workplace injury relating to an employee – it’s this insurance that pays any applicable compensation if the employer is found to be at fault.
How long your claim takes depends on a few things, for example how complex your particular situation is.
Once a lawyer knows the ins and outs of your case they can give a better idea of the timeframes involved with your claim.
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 workplace 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 are No Win No Fee lawyers, which means if we don’t win your case you don’t pay our legal fees. There are also no up front costs associated with your claim.
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.
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Strathpine Centre
- Sunshine Coast
Shine Lawyers have expert No Win No Fee lawyers that can help you determine your rights under Queensland and WA law. The below links contain further information regarding your legal options in Queensland and WA.
Shine Lawyers also have accredited specialists in personal injury law in Queensland: