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If you have been injured at your place of work, whilst working or driving to or from work, you may have a right to lodge a claim with WorkCover Queensland or your employers’ own workers’ compensation insurer (NB some large employers are self-insured).

Employees on wages are eligible for workers’ compensation, but some workers operating under an ABN can also qualify. Whether a worker who is working under an ABN will be able to claim workers’ compensation benefits through that employer’s workers’ compensation insurance depends on the amount of control that the employer has over that worker.

If you are in fact an independent contractor, you will not be entitled to claim any workers’ compensation benefits and you will need to consider a public liability claim against the individual or company that caused your injury. For more information about public liability claims, click here.

How Do Workers’ Compensation Claims Work?

There are two (2) types of workers’ compensation claims, namely:

Statutory Workers’ Compensation Claims

A statutory workers’ compensation claim is the claim that you make initially when you have been injured at work.  Even if you caused the accident or injury, you can still make a claim provided that you did not intentionally hurt yourself.

WorkCover will be required to make a determination in relation to your claim, ie decide whether your claim should be accepted or rejected, once they receive your claim. In making that determination, WorkCover must consider the following matters:

  1. Whether you are effectively a worker or an independent contractor;
  2. Whether you have in fact suffered a diagnosable injury;
  3. Whether the injury arose out of or in the course of your employment; and
  4. Whether your employment was a significant contributing factor to your personal injury.

An aggravation of a pre-existing condition will be treated as an “injury”, provided that it is not simply a temporary flare up of your previous injury or condition.

In the case of psychiatric or psychological injuries, WorkCover will also consider the following:

  1. Whether your injury arose out of, or in the course of, reasonable management action taken in a reasonable way by your employer in connection with your employment;
  2. Whether your injury arose out of, or in the course of, your expectation or perception of reasonable management action being taken against you; and
  3. Whether your injury arose out of, or in the course of, action taken by the Workers’ Compensation Regulator or WorkCover (or a self-insurer) in connection with your application for compensation.

Once WorkCover has accepted your claim, they will pay the following compensation:

  1. Weekly benefits (which is normally 85% of your average weekly earnings for the first six (6) months, after which that amount often reduces);
  2. Any reasonable and necessary medical and rehabilitation expenses;
  3. Expenses relating to any return to work or host employment options that are available to you. In some cases, they will agree to pay for some re-training; and
  4. A lump sum for any permanent impairment that you have once your injuries are stable and stationary.

Please DO NOT accept any lump sum offer from WorkCover or your employer’s workers’ compensation insurer without first seeking legal advice from an expert personal injury lawyer.  If the assessment of permanent impairment is less than 20%, you will NOT be able to pursue a common law claim if you have already accepted the lump sum offer.

Common Law Claims

To pursue a common law claim, you must prove that your injury was caused by the negligence (breach of duty of care) of your employer or a co-worker. A breach of duty can be established by showing that there was a poor system of work, excessively heavy or repetitive work, defective equipment, poor lighting, slippery surfaces or other dangerous working conditions. If the negligence or carelessness one of your co-workers has caused your injury, then your employer (and therefore WorkCover) will be vicariously liable for your injuries and any loss and damage suffered.

At your free initial interview, we will determine exactly how your injury occurred and provide you with our expert opinion as to whether you would succeed in a common law claim or not. If we believe you have reasonable prospects, and that your claim would be economically viable, we will offer to represent you on a “no win no fee” basis. Click here for more information on how we charge.

You can recover much more in damages from a common law claim than the compensation that is paid under a statutory claim. The damages that can be claimed in a common law claim include the following:

  1. Pain and suffering, loss of amenities and loss of enjoyment of life;
  2. Past economic loss (lost income);
  3. Past out-of-pocket expenses (eg treatment, rehabilitation and medication);
  4. Past paid services (eg cleaning, cooking, gardening, housekeeping, mowing), provided these services were not provided prior to your injury;
  5. Interest on any past economic loss, expenses or services;
  6. Future economic loss (likely loss of income/ earning capacity);
  7. Future likely out-of-pocket expenses; and
  8. Future likely paid services.

Beware! Very strict time limits apply with respect to workers’ compensation claims. Call today and speak with one of our expert injury lawyers to find out more about your rights and obligations and how best to deal with WorkCover (or the self-insured workers’ compensation insurer).

Claims Process for Work Injuries

Statutory Workers’ Compensation Claims Process

  1. You lodge a Claim Form with WorkCover Queensland (or your employer’s self-insurer);
  2. You will need to provide WorkCover Queensland (or your employer’s self-insurer) with a Work Capacity Certificate from your doctor setting out what injuries you have sustained and what medical treatment is recommended;
  3. WorkCover will then decide whether to accept your claim or not (ie whether they accept that your injury is work related etc);
  4. If you have an accepted workcover claim and ongoing work capacity certificates, WorkCover will pay for:
    • Weekly benefits for some or all of your lost wages for any time off work;
    • All reasonable and necessary medical and rehabilitation expenses; and
    • A lump sum for any permanent impairment you have.
  1. WorkCover is also obliged to assist you with getting back to work, with your own employer or a Host Employer, as soon as possible following your injury.
  2. Once your injuries are considered to be stable and stationary, WorkCover will arrange for your injuries to be assessed for permanent impairment.  If they simply close your file without having your permanent impairment assessed, then you will need to ask WorkCover to assess your injuries for permanent impairment.
  3. Once WorkCover has the medical reports setting out any permanent impairment you have suffered, they will issue a Notice of Assessment. The Notice of Assessment will contain one or more lump sum offers. They must make one offer for all your physical injuries and another separate offer for your psychological injuries, where applicable.
  4. Once you receive the Notice of Assessment, you have twenty (20) business days to decide if you will accept, reject or defer WorkCover’s lump sum offer(s).  We would strongly recommend that you DO NOT accept any lump sum offer(s) from WorkCover without first seeking legal advice, as this may prevent you from being able to pursue a common law claim.
  5. At the end of the twenty (20) business days, your WorkCover claim will be closed and all payments will cease.
  6. Once your payments have ceased, if you are not back at work, then you will need to apply to Centrelink for benefits (if eligible). You should also look at whether you might be entitled to any income protection benefits under your superannuation policy or a private insurance policy. There are also litigation loan companies who offer loans that are repaid (together with any interest and fees payable) out of your settlement monies.

 

Common Law Claims Process

A common law claim can be commenced after you have received your Notice of Assessment from WorkCover Queensland (or the self-insurer).

The common law claims procedure is as follows:

PRE-COURT STAGE

  • Step 1 – We serve a Notice of Claim for Damages (containing an Offer of Settlement) on your employer (at the time your injury occurred) and WorkCover Queensland (WorkCover handles the claim as your employer’s insurer)
  • Step 2 – Medico-legal examinations are organised (for both sides)
  • Step 3 – WorkCover provides their liability response indicating whether they formally accept that they breached a duty of care to you (this occurs around 6 months after they receive your Notice of Claim for Damages)
  • Step 4 – The parties attend a compulsory settlement conference (within 3 months after receiving WorkCover’s liability response) (NB Around 70% of claims resolve at this stage)
  • Step 5 – At the conclusion of the conference, if the parties cannot reach an agreement, then they must exchange Written Final Offers (which then remain open for 14 days and cannot be withdrawn)

LITIGATED STAGE

  • Step 6 – We file in the court registry a Claim and Statement of Claim on your behalf setting out the basis of your claim (within 60 days of the compulsory settlement conference)
  • Step 7 – WorkCover’s Solicitors then file a Defence on behalf of the employer
  • Step 8 – We file a Reply to the Defence on your behalf
  • Step 9 – We serve a Statement of Loss and Damage on WorkCover’s Solicitors (setting out the quantum of your claim)
  • Step 10 – The parties exchange other court documents including Lists of Documents
  • Step 11 – Generally, a matter will then proceed to a Mediation under the court rules (NB Around 90% of claims will resolve by this stage)
  • Step 12 – If the matter still cannot be resolved, then we start preparing for Trial whilst continuing to try and negotiate a settlement of your matter with the Defendant

TRIAL

  • Step 13 – If there is no compromise or settlement, then the matter will proceed to trial where you, all medical experts and lay witnesses appear in Court to give evidence
    (NB less than 2% of personal injury claims proceed to trial)

So, what is required of you during the common law claim process?

We will handle the majority of your claim so you can live your life normally. What might be required of you could include the following:

  1. We will need to speak with you in person or via Zoom about the incident;
  2. We will need your help with finalising any claim form, to ensure that we get your story right so you can then sign that claim form;
  3. We will need you to attend some medicolegal appointments for us and the insurer will require the same;
  4. We will need you to provide us with copies of any relevant documents including receipts for medication and treatment, financial documents and an impact statement (detailing how your injuries have affected you and are continuing to affect you);
  5. We will need you to approve any offer of settlement that we formulate on your behalf; and
  6. We will need you to attend a compulsory settlement conference so as to provide us with your instructions regarding any offers of settlement and to answer any additional questions we might have. We will not permit Workcover’s lawyers to ask you any questions directly. (NB Around 70% of claims resolve at this stage)

If the claim fails to resolve at the compulsory conference:

  1. We will need you to attend a mediation to provide us with your instructions regarding any further offers of settlement and to answer any additional questions we might have. (NB Around 90% of claims resolve by this stage)
  2. We will not permit Workcover’s lawyers to ask you any questions directly during the mediation.

If the claim fails to resolve at the mediation:

  1. We will need to discuss what further offers of settlement should be made, if any, prior to trial;
  2. We will need you to attend court to give evidence, if the matter actually proceeds to trial. (NB less than 2% of personal injury claims proceed to trial)

FAQs

When to engage a personal injury lawyer?

You should engage a personal injury lawyer as soon as possible. This is so:

  • We can make sure that what you are telling the doctors and WorkCover is consistent – ie your story needs to remain the same, or conflicting versions need to be clarified as soon as possible, as credibility is critical in these claims
  • We can make sure that your work capacity certificate contains a list of all injuries you have sustained, no matter how insignificant – sometimes the doctors need some guidance in that regard
  • We can make sure that WorkCover has officially “accepted” all injuries listed on the medical certificates – so you can be compensated for all injuries
  • We can make sure that you are being paid the correct amount of weekly benefits by WorkCover and that they are fully investigating and treating all of your injuries
  • We can start putting your Notice of Claim for Damages together, so that your common law claim can be commenced immediately once your “compo” claim ceases
How to lodge a workers’ compensation claim?
  1. Notify your employer of your injury as soon as possible, preferably in writing.
  2. Attend upon your doctor for treatment and to obtain a WorkCover Queensland “work capacity certificate”: https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0007/77119/form-132m-work-capacity-certificate-workers-compensation.pdf
  3. Send a copy of your work capacity certificate to your employer.
  4. Complete WorkCover’s online Claim form: https://ols.workcoverqld.com.au/ols/public/claim/lodgement.wc
    OR
    Print the Claim form out, complete it and then upload it using WorkCover’s online service (https://ols.workcoverqld.com.au/ols/public/uploadNewClaim.wc?code=NEWCLAIM), or fax it to 1300 651 387, or post it to GPO Box 2459, Brisbane Qld 4001.
    This is where the pdf of the Claim form can be found: https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0015/3057/Claim-form-FM106-v10.pdf
    OR
    Where urgent surgery is required or where there has been a fatality / death, you can call WorkCover on 1300 362 128 to lodge the claim over the phone.
  5. Upload a copy of the work capacity certificate using WorkCover’s online service (https://ols.workcoverqld.com.au/ols/public/uploadNewClaim.wc?code=NEWCLAIM) or fax it to WorkCover on 1300 651 387.
  6. Once the claim form and work capacity certificate has been uploaded, WorkCover will contact you (usually via text and/or email) to confirm that they have received the claim. They will then contact your employer to obtain their version of events.  If WorkCover accepts that you have suffered a work related injury, your claim will be officially accepted. WorkCover will then commence paying you weekly benefits for your time off work and any reasonable and necessary treatment and rehabilitation.
What if I was employed as a subcontractor?

A subcontractor working under an ABN will be considered to be a “worker” under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) if the subcontractor is effectively working as an employee. Anyone considered to be a “worker” will be entitled to receive workers’ compensation benefits.

To determine whether you are a “worker”, WorkCover will consider the following things (amongst others):

  1. How much control the company you are working for (“the employer”) has over you;
  2. Whether you wear the employer’s uniform / shirts or your own gear;
  3. Whether you can delegate or subcontract your work to another person;
  4. Your ability to decide where you work, when you work and your hours of work;
  5. Whether you or the employer decides how the work is to be done;
  6. How you are paid (hourly rate or a fixed fee);
  7. Whether you use your own tools, equipment and vehicles or the employer’s tools, equipment and vehicles;
  8. Whether you have to remedy any defects in the work you have done or whether the employer remedies any defects.
How long do you have to lodge a statutory workers’ compensation claim?

You only have six (6) months from the date you were injured to lodge your workers’ compensation claim. There are, however, some exceptions to the six (6) month rule, so you should speak with an experienced personal injury lawyer about your potential claim even if you are outside the six (6) month timeframe.

It is important to note that workers’ compensation benefits are only payable from the day you attend upon a medical practitioner and obtain a work capacity certificate. Any time off work prior to that date, then, will eat away at your sick leave (if available). It is therefore important to lodge the claim as soon as possible.

If you have obtained work capacity certificates from your doctor but then delay lodging your workers’ compensation claim, WorkCover will only be obliged to cover weekly benefits and expenses for the 20 business days prior to your workcover claim being lodged.  So, it is important that you do not delay in lodging your workers’ compensation claim.

Even if you did not have a workers’ compensation (“compo”) claim and are now outside the six (6) month timeframe, you will still be able to pursue a “common law only” claim if you can prove that your employer breached their duty of care to you.  One of our expert personal injury lawyers would be able to explain your options in that regard.

What injuries can I claim for?
  • Fatal injuries / Death claims
  • Catastrophic injuries
  • Head injuries and brain injuries, including closed head injuries, traumatic brain injuries (TBI) and acquired brain injuries (ABI)
  • Post-concussion syndrome
  • Spinal cord injuries, including tetraplegia (also known as quadriplegia) and paraplegia
  • Brachial plexus injuries
  • Amputation injuries
  • Neurological injuries
  • Thoracic outlet syndrome injuries
  • Complex regional pain syndrome injuries
  • Cauda equina injuries
  • Spinal injuries
  • Facial injuries including injuries to the jaw
  • Whiplash injuries
  • Neck injuries
  • Back injuries, often lower back injuries
  • Bone fractures
  • Pelvic injuries and hip injuries
  • Joint dislocations, including ankles, knees, hips, shoulders, elbows, wrists and fingers
  • Shoulder injuries
  • Elbow injuries
  • Hand injuries, wrist injuries and finger injuries
  • Degloving injuries of fingers, arms, legs, etc
  • Carpal tunnel syndrome injuries
  • Repetitive strain injury (“RSI”)
  • Vibration injuries
  • White finger syndrome injuries
  • Internal organ injuries
  • Abdominal injuries
  • Hernias, including inguinal hernias (groin) and umbilical hernias (belly button)
  • Groin injuries
  • Leg injuries and thigh injuries, including fractures
  • Knee injuries, including ACL tears, PCL tears, MCL tears, LCL tears, torn meniscus, fractures and dislocations
  • Foot injuries and ankle injuries
  • Toe injuries
  • Soft tissue injuries
  • Electrocution injuries
  • Blindness
  • Industrial hearing loss injuries
  • Burns
  • Cuts, lacerations and bruises
  • Chemical injuries
  • Scarring
  • Chronic pain disorder
  • Psychiatric and psychological injuries including depression, stress, post traumatic stress disorder, adjustment disorder, anxiety, traffic phobia, pain disorder
  • Nervous shock injuries
  • Sexual abuse injuries
  • Physical abuse or assault injuries
  • A disease caused by your employment
  • Asbestos related injuries
  • Silica dust related injuries
  • Aggravation of pre-existing injuries
  • Aggravation of pre-existing degeneration
Will an aggravation of a pre-existing injury or condition be accepted as a work injury?

Yes. If your pre-existing condition has been made worse by the work incident, then this will be considered a new injury and will be described by WorkCover as an aggravation of a pre-existing condition.

WorkCover is only liable, however, to pay for treatment that has been caused by the aggravation and is not liable to pay for any treatment that is effectively required as a result of the underlying pre-existing degeneration or condition.

How do I appeal against WorkCover’s decision to reject my claim?

Within three (3) months from the date of receiving WorkCover’s decision to reject your claim, you must lodge an Application for Claim Review with the Workers’ Compensation Regulator setting out your grounds for review.  You will need to provide as much medical evidence and other evidence as possible to support your position.

We would strongly recommend that you seek legal advice from an expert personal injury lawyer before lodging an Application for Claim Review with the Workers’ Compensation Regulator, as how you frame your appeal / review application is very important.

If the Workers’ Compensation Regulator then agrees with WorkCover and rejects your claim, you have to appeal to the Queensland Industrial Relations Commission within twenty (20) business days of receiving notice of the Regulator’s review decision.

How long does a WorkCover claim go for?

An average worker’s compensation claim goes for around six (6) months. It all depends on the injuries you have suffered and how long they take to become stable and stationary (ie reach maximum medical improvement). Where there are serious personal injuries requiring ongoing treatment or multiple surgeries are required the workers’ compensation claim can last significantly longer than six (6) months.

Your WorkCover claim remains open until you return to work and no longer require any treatment OR until your injury is considered to be stable and stationary and WorkCover has assessed your permanent impairment.

Once the permanent impairment assessment has taken place, WorkCover (or the self-insurer) issues a Notice of Assessment with a lump sum offer for any permanent impairment. The claim will then remain open for a further twenty (20) business days after you receive the Notice of Assessment before it is then closed.

What are the time limits for commencing a common law claim?

You have three (3) years from the date you were injured to commence your common law claim. The time limit will be protected if you serve a Notice of Claim for Damages on your employer and WorkCover Queensland and receive a letter from WorkCover confirming “compliance” with the Workers’ Compensation and Rehabilitation Act 2003 prior to the three (3) year time limit expiring.

If those steps are not taken within the three (3) year timeframe, all rights to pursue a common law claim for damages will be lost.

There are some limited exceptions to this rule, however, so you should seek urgent legal advice from an expert personal injury lawyer if it appears that you might be outside the three (3) year time limit.

Who do you sue in a common law claim?

In order to pursue a common law claim you have to prove that your employer or a co-worker was negligent in some way.  Your employer will be held liable for the actions of any co-workers, provided they were acting within the scope of their employment.

As a result, when you bring a common law claim you are effectively suing your employer for negligence but they are then covered by their insurer, which is WorkCover Queensland (or a self-insurer). WorkCover assumes the defence of the claim and ultimately pays out any settlement amount or court award.

How will my co-workers and employer be affected by me bringing a common law claim?

There is no adverse impact on your co-workers at all. They may have to give a statement about what happened but that would be it. They may also be required to give evidence if the matter went to trial, which is extremely unlikely (less than 2% of personal injury claims actually proceed to trial).

In terms of the impact on your employer, their future workers’ compensation premiums might be affected to some extent.

What is my claim worth?

How much compensation or damages you will be entitled to receive is dependent on a lot of different factors, including:

  • What ongoing problems you have as a result of your injuries – obviously, we won’t know this until your injuries are stable and stationary and have been assessed by the medical experts
  • What the doctors say about your injuries, particularly the degree of impairment and the level of disability you have as a result of your work related injuries
  • Whether you have pre-existing degeneration, previous injuries or other conditions that were impacting on you, or are going to impact on you in the future
  • What restrictions and difficulties you have, particularly with respect to your work capacity
  • What your income and earning capacity was like pre-accident, compared to what your income and earning capacity is now like
  • Whether you have needed paid care and support as a result of your work injuries and, if so, the nature and extent of that support
  • How much ongoing treatment, medication, care and support you need in the future

Common law claims often settle for hundreds of thousands of dollars or more.

How long do common law claims take?

Once a common law claim has been commenced, it usually takes around 9 to 10 months to resolve (although some are settled sooner and others can take longer).  Before a common law claim can be commenced, we have to wait until you have received your Notice of Assessment from WorkCover Queensland (or the self-insurer).

Factors that may delay the settlement of a common law claim can include:

  1. where there are multiple parties involved (eg a principal contractor of a construction site or building site, as well as your employer)
  2. if there is a significant dispute over whether the employer should be held liable for your injuries
  3. problematic opponents (ie WorkCover or their lawyers being obstinate / difficult)
  4. conflicting expert medical evidence from doctors
  5. complex employment arrangements (businesses, family trusts, etc)
Will I have to pay back what WorkCover has already paid me?

No. Any workcover common law claim is settled “clear of the refund to WorkCover”.

How do I start my common law claim?

Your lawyer will do this for you. The claim is commenced by serving a Notice of Claim for Damages on your employer and WorkCover Queensland. That claim form sets out your entire claim, including the description of incident and allegations of negligence against your employer, your past employment information, all treating medical practitioners that you have seen and how much you are claiming in damages (ie compensation).

A common law claim cannot be commenced until you have received a Notice of Assessment. Once you have received the Notice of Assessment from WorkCover (or the self-insurer), simply send it to us and we will then start preparing a draft Notice of Claim for Damages for your consideration.

Once that form is finalised, we arrange for you to sign it and we then serve it on your employer and WorkCover Queensland (or the self-insurer) as soon as possible thereafter. WorkCover (or the self-insurer), or their appointed Solicitors, then take the matter over and manage the claim.

How much will it cost me to bring a common law claim?

It depends on how much work is done. Every matter is different. Our hourly rates are extremely competitive. For more information on how we charge, click here.

Do I have to pay tax on any damages I receive from WorkCover?

No. This is because any claim we make on your behalf for lost income or economic loss is made on a net basis (ie after tax), so as you have not claimed tax from WorkCover you do not have to pay any tax on your settlement monies. Of course, if you subsequently invest your settlement monies and earn income from those monies, then you may be liable to pay tax on those earnings. You should speak with your accountant and/or financial advisor in that regard.

How to Get a Secondary Psychological Injury Accepted by WorkCover Queensland

To have a secondary psychological injury “accepted” by WorkCover Queensland (or your workers’ compensation self-insurer) as a separate injury in your workers’ compensation claim (rather than their mental health issues simply being included under the umbrella of your physical injuries), the following needs to occur:

  1. Your doctor needs to include a psychological injury, in addition to your physical injuries, in Part B of any future Work Capacity Certificates, in the section where it states “The patient is/was suffering from (List all work-related diagnoses. …).  See here:

    Diagnosable psychiatric injuries can include:
    – Adjustment Disorder
    – Generalised Anxiety Disorder
    – Major Depressive Disorder
    – Panic Disorder
    – Specific Phobia (eg driving)
    – Social Phobia
  2. Your doctor should also indicate in Part C of the Work Capacity Certificate what treatment you need for your psychological injury and should also consider in part D of the form whether you are incapacitated for work or have restrictions as a result of your psychological injury (in addition to any restrictions caused by your physical injuries).
  3. You then need to provide a copy of the fully completed Work Capacity Certificate to WorkCover Queensland (or your workers’ compensation self-insurer), point out to them that your doctor has included a psychological injury and ask them to confirm, as soon as possible, that your psychological injury has been accepted as a part of your workers’ compensation claim.
  4. WorkCover (or your workers’ compensation self-insurer) will then usually arrange for an independent medical examination (IME) and assessment by an independent psychiatrist (not your treating psychologist or psychiatrist) to determine:
    1. whether you do in fact have a diagnosable psychiatric injury;
    2. whether that injury arose out of, or in the course of, employment;
    3. whether your employment was a significant contributing factor to that injury;
    4. whether your injury arose out of:
      1. reasonable management action taken in a reasonable way by the employer; and/or
      2. your expectation or perception of reasonable management action taken by your employer against you; and/or
      3. action taken by WorkCover Queensland or the Workers’ Compensation Regulator in connection with your application for workers’ compensation.Depending on how and why the action is taken, reasonable management action may include action taken to transfer, demote, discipline, redeploy, retrench or dismiss a worker or a decision not to award a promotion.
  5. WorkCover Queensland (or your workers’ compensation self-insurer) may also seek medical records or medical reports from your treating doctor, psychologist or psychiatrist to assist them and the independent psychiatrist with making the relevant determination.
  6. In cases where the psychological injury is secondary to a physical injury (that is, the psychological injury has been caused or significantly contributed to by the impact the physical injury is having upon you), the elements referred to above will be deemed to have been satisfied and the injury will be formally “accepted” as a further injury in your claim.

Once WorkCover (or your workers’ compensation self-insurer) “accepts” the psychological injury as a work related injury, they will be liable to pay for the following:

  1. Weekly benefits for any time off work caused by your psychological injury (in addition to any time off required as a result of your physical injuries);
  2. Any necessary and reasonable medical treatment, allied health treatment, rehabilitation, services, suitable duties programs, host employment, aids and equipment required;
  3. A lump sum for any permanent psychological impairment suffered (in addition to a lump sum for any permanent physical impairment suffered).

    During your free initial consultation, we will:

    • Determine exactly what injuries you have suffered;
    • Work out precisely what caused your injury;
    • Go over what training, directions and instructions your employer had provided in relation to the work task or events that caused your injury;
    • Ascertain what could have been done by your employer to minimise the risk of injury to you;
    • Decide whether there was a breach of duty of care on behalf of your employer;
    • Consider whether your injury was actually caused by your employer’s negligence;
    • Decide whether your claim is likely to be economically viable;
    • Provide you with our advice on whether we believe you will win and whether your claim will be viable;
    • Discuss the process of workers’ compensation claims and common law claims and what will be required of you;
    • Discuss what costs will be involved and how we charge; and
    • Respond to any questions that you might have in relation to your claim.

    *East Coast Injury Lawyers is led by Accredited Specialists in Personal Injury Law: Sean Delpopolo, Helen Ashton.

    • No Win No Fee
    • No upfront payments
    • Free initial consultation
    • Home visits
    • Hospital visits
    • Videoconference meetings (via Zoom or Microsoft Teams) where preferred
    • After Hours Visits
    • 30% cap on professional fees (excl GST)
    • No uplift fees charged
    • No litigation lenders or interest charges on outlays / disbursements
    • Complete confidentiality
    • Immediate assessment of your claim

    *Strict time limits apply when making a claim. Do not delay.

    Legal Practitioner Director

    Sean Delpopolo

    Sean Delpopolo

    Sean is a Queensland Law Society Accredited Specialist in Personal Injury Law.*

    Sean specialises in serious and catastrophic injury claims (including traumatic brain injuries, acquired brain injuries and other head injuries, amputations, severe burns and spinal cord injuries resulting in tetraplegia, paraplegia and the like), National Injury Insurance Scheme (NIISQ) claims, construction accident claims, mining accident claims, workers’ compensation injury claims, work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, brain and head injury claims, spinal injury claims, public liability injury claims, death and fatal injury claims, bullying and harassment claims, psychiatric and psychological injury claims and total and permanent disability claims.

    He has been running personal injury claims in Queensland for over 25 years. Sean founded our firm in 2004 and the firm has grown and gone from strength to strength on the background of outstanding service, incredible results and charging really fair fees.

    With an innate sense of fairness and justice, this motivates Sean and his team to do everything they can to ensure that the results they achieve for their clients are something that they can all be proud of. In Sean’s mind, the interests of the firm’s clients come first, before anything else, and this value has flowed on through to the entire team.

    As a father of two daughters, Sean understands that his clients’ personal injury claims can make a huge difference to their lives and the lives of those around them. This is why he has made it his life’s work to fight for the “little guy” to obtain the compensation they deserve.

    * To find out more about what it takes to become an Accredited Specialist click here.

    Legal Practitioner Director

    Helen Ashton

    Helen Ashton

    Helen is a Queensland Law Society Accredited Specialist in Personal Injury Law.*

    As an Accredited Specialist in Personal Injury Law, having been awarded the highest achiever award for the course in 2015, Helen has a high level of knowledge and technical expertise. Admitted as a Solicitor of the Supreme Court of Queensland in 2001, she also has extensive experience in running all types of personal injury claims.

    Helen specialises in serious and catastrophic injury claims (including traumatic brain injuries, acquired brain injuries and other head injuries, amputations, severe burns and spinal cord injuries resulting in tetraplegia, paraplegia and the like), National Injury Insurance Scheme (NIISQ) claims, workers’ compensation injury claims, work injury claims, workplace injury claims, motor vehicle accident, motorcycle accident injury claims, other road accident injury claims, medical negligence claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, bullying and harassment claims, psychiatric and psychological injury claims and total and permanent disability claims.

    Helen has a friendly and approachable personality and strives to ensure that her clients are kept well informed and are provided with quality and practical legal advice.

    As a mother of three young children, Helen understands the impact events can have on a family unit and works proactively to achieve the right result for her clients in the shortest possible timeframe. Helen has the ability and the experience to assist clients with a wide variety of claims, including any personal injury claims with a high level of complexity and those that have had catastrophic consequences.

    * To find out more about what it takes to become an Accredited Specialist click here.

    Legal Practitioner Director

    Charlotte Evans

    Charlotte has practised exclusively in personal injury compensation litigation for over 20 years.

    Charlotte specialises in serious and catastrophic injury claims (including traumatic brain injuries, acquired brain injuries and other head injuries, amputations, severe burns and spinal cord injuries resulting in tetraplegia, paraplegia and the like), National Injury Insurance Scheme (NIISQ) claims, workers’ compensation injury claims, work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, bullying and harassment claims, psychiatric and psychological injury claims, sexual abuse claims, sexual harassment claims and total and permanent disability claims.

    She is committed to fighting for the rights of plaintiffs and helping her clients through the legal maze, to achieve outcomes that put people back in control of their lives. She has had experience in taking a number of personal injury cases to Trial and winning hard fought cases for her clients and she does not shy away from a challenge.

    Charlotte has a friendly and approachable personality and strives to cut through the legal jargon to make the personal injury claim process understandable for her clients whilst ensuring that her clients are also kept well informed throughout their claim.

    Out of the office Charlotte is a busy Mum, who now enjoys the privileges of living in beautiful Queensland and making the most of all it has to offer.

    Special Counsel

    Prue Prescott

    Prue Prescott

    Prue has been running personal injury claims for nearly 20 years. This has involved acting for injured claimants in most areas of personal injury law including serious and catastrophic injury claims (with injuries such as traumatic brain injuries, acquired brain injuries and other head injuries, amputations, severe burns and spinal cord injuries resulting in tetraplegia, paraplegia and the like), construction accident claims, mining accident claims, workers’ compensation injury claims, work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, public liability injury claims, death and fatality claims, bullying and harassment claims, psychiatric injury claims and total and permanent disability claims.

    Prue enjoys handling the more complex claims, such as traumatic brain injury, fatal injury and nervous shock claims, as well as claims involving complex legal principles. Prue seeks to use her Masters qualification in writing and literature to tell each and every client’s individual story, ensuring they are treated fairly by insurers and that they obtain the compensation they deserve.

    In 2019, Prue was nominated by the Women Lawyers Association of Queensland Inc as an Inspirational Lawyer.

    Outside of work, Prue is a busy mum of boys but also tries to find the time to read, write and explore nature.

    Special Counsel
    PRACTICE LEADER – NORTH LAKES

    Craig Oliver

    Knowing the law is one thing, being able to apply it to ensure the best possible outcome for your client is another. Craig excels at making the complex simple and making the law work for you.

    He is an expert personal injuries lawyer with over 20 years’ experience and success. Craig trained and worked at some of the best plaintiff and insurance firms in the UK before coming to Australia in 2011 and continuing to practice exclusively in personal injury litigation.

    Craig spent a decade in regional Queensland before working as a general manager in Brisbane for a large national firm creating client-focussed, high-performing and value-driven teams of expert personal injury lawyers. He knows how to win and deliver outcomes for his clients in all types of claims, including the most severe life changing injuries such as brain injury, spinal injury and amputations. Knowing how to help you and your family deal with issues and stressors that stem from these injuries is key to minimising their impact on you and your family. Being injured is never convenient and Craig’s solutions focused approach starts making a difference on the issues that matter to you from the beginning and not just asking you to wait for compensation at the end. Knowing a good lawyer who is prepared to listen and deliver solutions in line with your priorities can make all the difference to your experience. Craig is an expert in motor vehicle injury claims, workplace injury claims, public liability injury claims, product liability injury claims and has particular expertise in personal injury claims involving the mining industry. He has an unrivalled understanding of the law, backed by decades of successful outcomes for clients who were facing uncertain futures and long recoveries.

    Craig is an expert, fearless and uncompromising in his pursuit of justice and in advocating for his clients. But what does this mean for you? It means exceptional client service. It means the best possible legal representation with legal advice you can understand and trust. It means confidence in the success of your claim. It means maximum compensation for the fairest fees. It means having someone who cares in your corner, making a difference, who is committed to providing you with solutions and hope for the future, irrespective of your injury.

    Craig has been recommended by the prestigious Doyles Guide as a leading personal injury lawyer. He was also a finalist in the Queensland Law Society’s Regional Lawyer of the Year during his time in Mackay.

    Passionate about giving back to his local communities, Craig has also volunteered his time with several organisations in Queensland, from Mackay through to Caboolture and Brisbane. Even in his leisure time, playing golf, he has raised money for local charities, particularly for the local hospital foundation supporting medical research projects.

    Special Counsel

    Frances Bertram

    After beginning her legal career on the Redcliffe peninsula more than 25 years ago, Fran has truly come full circle, returning to serve the community where her professional journey first began.

    Drawing on a wealth of experience in personal injury law, Fran represents clients with serious and catastrophic injuries (including brain injuries, amputations, spinal cord injuries resulting in tetraplegia, paraplegia and the like, hypoxic injuries resulting in cerebral palsy, stroke, severe cognitive impairment and the like, severe nerve damage, functional neurological injuries, cardiac injuries, severe disfigurement and death), in construction accident claims, mining accident claims, workplace injury claims, motor vehicle accident claims, public liability injury claims, death and fatality claims, bullying and harassment claims, psychiatric injury claims, total and permanent disability claims and product liability claims.

    Fran has a special interest in medical negligence claims, inspired by her own personal experience as a parent to a child with special needs and following her time heading one of the largest medical law teams in a large national law firm. Fran has successfully advocated for clients and achieved significant outcomes in medical negligence claims involving:

    • catastrophic birth Injuries
    • birth trauma
    • failed medical treatment
    • delayed diagnosis, including of cancer
    • surgical failures
    • nervous shock as a result of medical negligence
    • dependency claims as a result of medical negligence

    Fran has also previously worked as a defendant lawyer, which gives her a unique insight into how the other side operates and an upper hand when it comes to achieving the best outcome for her clients.

    Fran is dedicated to her clients, combining empathy, thoroughness, efficiency and excellence in every aspect of her work. She approaches each claim with genuine understanding and insight, allowing her to connect with clients on a meaningful level and appreciate their individual needs and challenges. Fran’s compassion also ensures that every client feels truly heard, supported and informed throughout their legal journey.

    Fran truly loves her work and takes great pride and satisfaction knowing that she can help to make someone’s life just that little bit easier.

    Out of the office, Fran is mum of two adult children and two Frenchie’s (who her children will argue are the favourites!) and an advocate for people with disabilities.

    Special Counsel

    Beverley Evans

    verley has combined her knowledge with compassion and empathy to help everyday people who are injured through no fault of their own.

    Beverley practised law for 30 years in the UK, before moving to the warmer Queensland weather.  She obtained her Australian legal qualification and continued her legal advocacy for clients with matters involving:

    • Motor Vehicle Accident Law;
    • Worker’s Compensation Law.
    • Public Liability Law;

    Known for her client-first approach, Beverley has received exceptional feedback from clients who appreciate her deep knowledge, guidance and compassionate understanding as they navigate the legal process.

    Beverley continues to see it as a privilege to help injured people and work to secure life-changing compensation outcomes.

    Beverley has two adult sons and two dogs whom she loves walking.  Her hobbies include reading and Pilates.

    Senior Associate

    Courtney Jenkins

    Courtney is a solicitor who has worked exclusively in personal injury compensation law for nearly 20 years, both before and after being admitted as a solicitor.

    She has experience across a wide range of claims, including workers’ compensation claims and motor vehicle accident claims (including motorcycle and other road accident injuries). 

    This has involved acting for injured claimants in most areas of personal injury law including serious and catastrophic injury claims (with injuries such as traumatic brain injuries, acquired brain injuries and other head injuries, amputations, severe burns and spinal cord injuries), construction accident claims, mining accident claims, workers’ compensation injury claims, work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, public liability injury claims, death and fatality claims, bullying and harassment claims and psychiatric injury claims.

    Courtney enjoys handling complex claims, such as traumatic brain injury, fatal injury and nervous shock claims, as well as claims involving complex legal principles. She is particularly passionate about helping individuals who have experienced trauma to navigate the legal system and access the compensation and entitlements they deserve.

    Known for her compassionate and client-focused approach, Courtney takes the time to truly understand her clients’ stories and the challenges they face. She is a pragmatic and skilled negotiator and she works hard to explain complex legal principles in a straightforward, accessible way. She is committed to minimising retraumatisation and ensuring her clients feel supported and empowered throughout their legal journey.

    Courtney is motivated by a deep commitment to fairness and justice and she strives to achieve outcomes that help her clients regain control of their lives.

    Outside of work, she enjoys spending time with her children and extended family. She also loves cooking, sewing and gardening.

    Associate

    Danielle Beddoes

    Danielle commenced her legal career as a personal injury lawyer in a large national law firm where she became familiar with the provisions of several statutory compensation schemes whilst acting on behalf of injured claimants across various areas of insurance litigation, including matters arising from motor vehicle accident injury claims, workers’ compensation injury claims, workplace accident injury claims and public liability injury claims. Danielle has developed a particular interest in e-scooter injury claims, bicycle injury claims, motorcycle accident injury claims and other road accident injury claims.

    Danielle prides herself on achieving positive outcomes for her clients by understanding what is important to her clients and ensuring that her clients’ personal injury claims are brought to a resolution as cost-effectively and expeditiously as possible.

    Outside of work, Danielle enjoys spending time with her family and friends and is an active member of a number of committees both within the Gold Coast legal industry and broader Gold Coast community.

    Graduate Law Clerk

    Taylor Delpopolo

    Taylor graduated in December 2025 with a Bachelor of Laws (Honours) degree from the Queensland University of Technology. Taylor is looking to undertake her practical legal training in 2026 and will become qualified to practice as a Solicitor in late 2026.

    She has worked with East Coast Injury Lawyers during her university breaks since 2022 and is now working part-time with our firm permanently, assisting the lawyers in our firm with various types of personal injury claims, including work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, brain and head injury claims, spinal injury claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    Taylor is passionate about helping people and loves being able to apply all the knowledge that she has gained from her university studies as well as through her experience working with our firm to assist with ensuring that our clients achieve great outcomes from their personal injury claims.

    When Taylor is not studying, completing assignments or working at our firm, she can be found at the gym, playing basketball or enjoying everything outdoors, especially the beach and boating.

    Graduate Law Clerk / Technology and AI Innovation Specialist

    Caolin Travers

    Caolin graduated with a Bachelor of Laws (Honours) and a Bachelor of Business (Marketing) with Distinction and is currently finalising his Practical Legal Training with the College of Law.

    Caolin assists our firm’s expert compensation lawyers across a broad range of personal injury matters, including serious and catastrophic injury claims (including traumatic brain injuries, acquired brain injuries and other head injuries, amputations, severe burns and spinal cord injuries resulting in tetraplegia, paraplegia and the like), National Injury Insurance Scheme (NIISQ) claims, workers’ compensation injury claims, work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, bullying and harassment claims, psychiatric and psychological injury claims and total and permanent disability claims. He has developed a particular interest in psychiatric and psychological injury claims

    Outside of work, Caolin enjoys keeping active by training at the gym and getting out for a surf whenever he can.

    Law Clerk

    Grace Cavanagh

    Grace is a third-year law student completing a Bachelor of Laws (Honours) at Griffith University.

    She joined the team in 2024 and works part-time with our firm, assisting both the legal and administrative teams across all areas of compensation law.

    With a motivated and passionate approach, Grace is eager to apply her academic knowledge alongside her practical experience at the firm to help achieve the best possible outcomes for our clients. Outside of work, Grace enjoys socialising with friends, training at the gym, and making the most of the Gold Coast’s beautiful beaches.

    Practice Manager

    Denni Close

    With over 15 years of experience in compensation law, Denni brings depth and insight to every client’s case she supports. Having worked for both plaintiffs and defendants, she has a well-rounded perspective and strategic edge when navigating complex claims.

    Denni is known for her calm professionalism and unwavering commitment to client care. She builds genuine rapport with each client, guiding them through what can often feel like an overwhelming process with clarity, compassion, and confidence. Her meticulous attention to detail and proactive approach ensure matters progress smoothly, helping clients receive the compensation they deserve.

    When she’s not at work, Denni’s world revolves around her young son, who keeps her on her toes and fills her days with laughter and energy.

    Senior Paralegal

    Aleisha Harrigan

    Aleisha is a very highly regarded Senior Paralegal within our team. Having worked as a Paralegal in compensation law firms since 2018, Aleisha has a wealth of experience in assisting with various types of compensation claims.

    Since joining East Coast Injury Lawyers, Aleisha has become an essential part of our team providing invaluable support to our solicitors, support team and clients alike. Her abilities extend beyond legal matters with Aleisha providing training to our Paralegals and Legal Assistants and streamlining processes and procedures, ensuring that the workflows operate smoothly and effectively.

    Outside of work, Aleisha has a passion for reading and music. She can often be found immersed in a good book or a live concert. She values spending quality time with her family, friends and her beloved dog, Kevin.

    Senior Paralegal

    Kym Arrowsmith

    Kym is a knowledgeable legal assistant with fifteen years of expertise in the field of personal injury law. She is passionate about supporting clients through the process and obtaining the best possible outcome for them. As a valued member of our team, Kym takes pride in her work and is committed to sharing her extensive experience and knowledge with our other team members.

    When Kym is not busy with work, she loves spending time with her family and friends, and enjoys discovering new places, whether it be through the pages of a biography or on her push bike.

    Senior Paralegal

    Jessica Will

    Jessica is a highly experienced Senior Paralegal with over 14 years of dedicated experience in personal injury law.

    Throughout her career, Jessica has developed extensive knowledge of the legal processes involved in a broad range of personal injury matters including serious and catastrophic injury claims (including traumatic brain injuries, acquired brain injuries and other head injuries, amputations, severe burns and spinal cord injuries resulting in tetraplegia, paraplegia and the like), National Injury Insurance Scheme (NIISQ) claims, workers’ compensation injury claims, work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, bullying and harassment claims, psychiatric and psychological injury claims, sexual abuse claims and total and permanent disability claims.

    Jessica is committed to ensuring that every client feels heard, understood and supported throughout the claims process and that they are kept informed at all times along the way. Her friendly and approachable nature, together with her experience, allows her to provide reassurance and practical assistance at every stage of a client’s claim.

    Jessica is committed to delivering the highest standard of care and service that clients have come to expect from East Coast Injury Lawyers.

    Paralegal

    Samantha Bolton

    Sam has been working in the legal industry for several years and is passionate about achieving the best possible results for our client’s whilst ensuring they have the support that they need in the process.

    When Sam is not at work, she enjoys making the most of the Gold Coast beaches with her family and her Dalmatian, Hondo, and will take any opportunity to enjoy live music.

    Paralegal

    Rolanda Thiesfield

    Ro brings over 20 years of experience as a dedicated personal injury paralegal, working across WorkCover, public liability, CTP, and class action claims.

    Having worked in both plaintiff and defendant firms, she has gained a comprehensive understanding of the claims process from multiple perspectives, enabling her to provide insightful and effective assistance.

    Ro is genuinely passionate about supporting injured people, guiding them through every step of their claim with care.

    Outside the office, she enjoys a swing at the driving range or on the golf course, spending quality time with family and friends, and taking her Italian Greyhound for walks and adventures.

    Senior Legal Assistant

    Claire Rezny

    Claire is one of our hard working and devoted Legal Assistants. With over 25 years’ administrative experience, her attention to detail, willingness to help others, and calm demeanour makes her a real asset to our team.

    Claire is well travelled and, during her time in the USA, Claire discovered a newfound love for reading, which led her to become a proofreader for several published novels. Claire also enjoys landscape and wildlife photography and spending time with her family and puppy.

    Senior Legal Assistant

    Brooke Gribble

    Meet Brooke, one of our Legal Assistants. Brooke has over 3 years administration experience in personal injury law and is eager to provide high quality customer service to our clients.

    Brooke finds joy in helping others and is extremely hard working making her a real asset to our team.

    Out of the office you may find Brooke at a racetrack as she has a passion for fast cars. Brooke also likes spending her time enjoying outdoor activities such as swimming and hiking but will never pass up the opportunity to indulge in some retail therapy.

    Legal Assistant

    Brittany Costley

    Brittany has over four years’ experience in the legal industry and is dedicated to achieving the best possible outcomes for her clients. Her friendly and approachable nature, combined with experience in Motor Vehicle Accident, Workplace Injury, and Medical Negligence matters, ensures she is always prepared to support and communicate clearly with her clients.

    Outside of work, Brittany enjoys baking and trying new recipes, and spending quality time with her family. Originally from New Zealand, she values the opportunity to visit when she can.

    Legal Assistant / Administration Assistant

    Shayla Riley

    Shayla joined our team in September 2023, coming from an extensive background in customer service.

    Shayla is a law student who is very passionate about compensation claims. With her bubbly personality and can-do attitude this makes her the perfect person for her administration support role.

    When Shayla is not in the office you can find her enjoying all things outdoors, getting lost in a good book or spending time with her two rescue dogs Bear and Ella.

    Receptionist and Administrative Assistant

    Chloe Williams

    Chloe joined our team in November 2025 and brings a positive and welcoming presence to her role as Receptionist and Administrative Assistant.

    With a background in customer service, she loves helping clients feel comfortable and supporting the legal team to ensure everything runs smoothly. She is passionate about assisting others and is eager to continue building her knowledge as she enters her second year of law at Griffith University.

    Outside of the office, Chloe loves exploring the outdoors and spending time at the beach, she’s always up for discovering somewhere new.

    Receptionist and Administrative Assistant

    Lynda Ratcliffe

    Lynda is the welcoming face at our Robina reception. She has a strong background in customer service and enjoys assisting clients with empathy and compassion. Lynda takes pride in keeping things organised and running smoothly.

    Outside of work, you’ll find Lynda at the beach or relaxing with a good book.

    Law Student

    Tom Seton

    Tom is a law student commencing his first year of a Bachelor of Laws (Honours) at QUT.

    He has prior experience in customer service and is passionate about ensuring clients receive fair compensation. He looks forward to applying the knowledge gained from his university studies to a law firm as he progresses through his degree.

    Outside of work, Tom enjoys playing and listening to music. He plays the bass guitar across a range of genres, including jazz, funk, and rock.

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