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Nov 15

Are You Entitled to Full Pay If You Are Injured at Work in Brisbane, Queensland

Tuesday, November 15, 2016

A “worker” can apply either with WorkCover Queensland or with their employer’s self-insurer for compensation if:

  • The worker meets the statutory definition of a “worker” as per section 11 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld); and
  • The worker suffered an “injury”.
    • The worker’s physical injury arises out of, or in the course of, their employment: section 32(1)(a) Workers’ Compensation and Rehabilitation Act 2003 (Qld); or
    • The major significant factor contributing towards the worker’s psychiatric or psychological disorder was their employment: section 32(1)(b) Workers’ Compensation and Rehabilitation Act 2003 (Qld).

If WorkCover Queensland or the employer’s self-insurer accepts your claim, you may be entitled to weekly compensation for wages that you have lost as a result of your injury.

How much compensation will I receive once the insurer accepts my claim for compensation?

There is a specific formula that WorkCover Queensland uses to determine the amount of weekly compensation you could receive. This formula is guided by Chapter 3 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld).

The amount of compensation you could receive is determined by the following factors:

  • The length of time your doctor has certified you as being unfit for work;
  • The date of your injury;
  • If your usual rate of pay is determined by either a workplace agreement or an award agreement;
  • The length of your claim. Depending upon when your injury occurred; if you are off work for a period of up to 26 weeks, usually WorkCover will pay you 85% of your normal weekly earnings. If you are off work for up to 26-104 weeks, usually WorkCover will pay you up to 70-75% of your wages.

Tax will be deducted from your weekly compensation.

Please note that in respect to your superannuation, WorkCover Queensland will not make contributions to your superannuation. If you are on an industrial award, you will need to refer to the terms of the award to establish if your employer is required to continue making contributions to your superannuation in the event that you are receiving workers’ compensation.

How long can I remain on workers’ compensation for?

Your workers’ compensation will usually cease when one of the following occurs:

  • Your injury has been categorized as “stable and stationary”. The categorization of “stable and stationary” does not necessarily mean that you no longer experience any symptoms, rather, this means that a medical practitioner has determined that you have medically improved as much as you can. Thus, it is entirely plausible that you can still be, for example, experiencing severe back pain and are unable to work, and WorkCover can and will stop your weekly payments. We strongly suggest that you contact one our accredited personal injury specialists to organise your free consultation so that you can be advised by the end of your free consultation, what options you have.
  • You return to work as you have been certified as having capacity to work. This is a great situation if you no longer experience any symptoms and if the extent of your injury has been adequately diagnosed and treated appropriately
  • You agree to a lump sum offer made by WorkCover Queensland. It is important that you consult with an accredited personal injury specialist if WorkCover Queensland issues you with a Notice of Assessment. If you accept the statutory lump offer made in the Notice of Assessment you will be prevented from making any further claim in relation to the symptoms of your injury. We recommend that you take advantage of our free initial consultation with one of our accredited personal injury specialists so that we can review the circumstances of your injury and the statutory lump sum offer made to you and inform you of your options.
  • You have been in receipt of WorkCover benefits for five years or more.
  • The maximum amount payable for your total weekly compensation amount has been reached.

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