An injury sustained at work (or travelling to and from work) can be a traumatic experience for an individual, especially if they have a family to support. There are many fears that may arise from this situation, such as whether you may be laid off after reporting your injury or if it is worth making a claim.
It is important to speak with an Accredited Specialist in Personal Injury Law to understand your rights before making a decision.
Can I receive compensation for my work injury?
An individual will most likely be able to obtain compensation for their work injury if they were injured at the workplace or while undertaking employment duties, and their employment duties significantly contributed to the injury occurring.
It does not matter whether as a worker you:-
- were employed on either a casual, full-time or part-time basis
- on a work break or intermission
- working interstate or overseas
If you were traveling to or from work and you sustain a personal injury, you are also entitled to receive compensation.
What if I was working as subcontractor?
Even if you believe your status was as a subcontractor when you sustained your injury, it may be the case that you were in fact an employee and entitled to compensation for your injury.
Subcontractors are also entitled to be compensated for injuries they have sustained due to the fault of another. However, special rules apply and your claim will be governed by the Personal Injuries Proceedings Act 2002.
We recommend that you speak with one of our Accredited Personal Injury Law Specialists to understand what rights you do have.
Who is my claim against?
Employers in Queensland are required to have insurance (typically through WorkCover Queensland) to compensate and protect employees after an injury at work. Some larger companies in Queensland may have their own workplace compensation insurance. The workers’ compensation insurer will have responsibility for both compensation claims and damages claims.
What compensation am I entited to?
As part of your compensation claim, the workers’ compensation insurer (usually WorkCover) will pay for your initial medical treatment, rehabilitation and lost wages.
They will usually continue to pay for your treatment, rehabilitation and lost wages until you have reached a level of maximum medical improvement.
Do I have a damages claim?
If you have sustained an injury in the workplace and this injury was due to the negligence of your employer or a co-worker, then you may also have a claim for damages for your injuries.
Such a damages claim can be made after a worker has been assessed for permanent impairment and a Notice of Assessment is issued.
There are certain thresholds in Queensland which must be met to make a damages claim and hence it is essential that you speak to an Accredited Personal Injury Law Specialist to understand your rights in relation to whether you have a claim and before accepting any lump sum offer in a Notice of Assessment.
If you accept a lump sum offer in a Notice of Assessment, then you may be barred from making a damages claim.
What can I claim for as part of my damages claim?
As part of your damages claim, you can claim for:-
- Damages for pain and suffering (loss of enjoyment of life)
- Past and future loss of wages and other income, including superannuation
- Household and personal care and assistance provided by a friend or relative for free
- Paid services for household assistance i.e. cleaner, gardener, ironing aid, car detailer, pool cleaner etc
- Past & future out of pocket and medical expenses such as medications, medical treatment, rehabilitation, physiotherapy, surgery, ergonomic equipment aids.
How much is my claim worth?
Every claim is unique in its circumstances, injuries and losses suffered. Thus, it is difficult to accurately predict the amount of compensation that an injured party may receive. It is important to speak to an Accredited Specialist Lawyer in Personal Injury for legal advice to protect the rights of you and your family.
What type of injuries can I claim for?
There are many injuries that can occur in the workplace, some of these injuries include:-
- Whiplash injuries
- Head, neck and back Injuries
- Shoulder injuries
- Ankle, knee and foot injuries
- Hip injuries
- Soft tissue injuries
- Upper and lower limb injuries
- Spinal Injuries
- Fractures and dislocations
- Chemical injuries
- Diseases contracted in the workplace
- Burns, lacerations and blunt force injuries
- Traumatic brain injuries (TBI)
- Catastrophic injuries
- Injuries causing death
- Carpal tunnel syndrome
- Repetitive strain injury
- Electrocution injuries
- Neurological injuries
- Internal injuries
- Hernia injuries
- Industrial deafness
- Crush injuries
- Psychiatric and psychological injuries including depression, stress, posttraumatic stress disorder, adjustment disorder, anxiety, traffic phobia, pain disorder
- Nervous shock
- Chronic pain disorder
- Complex regional pain syndrome
How much time do I have?
Generally, you must bring a compensation claim within 3 years of the accident date. However, there are certain exceptions, such as over a period of time claims, where time limits may be shorter. It is important that you protect the rights of you and your family by speaking with a trained legal professional for legal advice.
What if my claim has been rejected by WorkCover or QComp?
We can overturn decisions where WorkCover and/or QComp have rejected an injured person’s claim. Please contact one of our Accredited Specialists in Personal Injury Law to discuss further.
Time limits apply and so we recommend that you do not delay.
How much will I have to pay?
Our firm operates on a Non Win No Fee Basis Guarantee.
Please contact one of our Personal Injury Accredited Specialists for more information.
How do I proceed with my claim?
Contact one of our Accredited Personal Injury Law Specialists now on 1300 720 544 or complete the case review form now.
Is Personal Injury Compensation taxable in Australia?
If Queensland, you will not be taxed on your settlement for a workers compensation claim. However, if you put the amount in a term deposit and earn interest on that amount, the interest is taxable.