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workplace-injuries-and-workcover

If you have been injured at work (including on your trip to and from work) you may be entitled to make a claim for damages compensation. There are strict time limits when making a work place injury or workcover claim, and it is important to seek legal advice as soon as possible. Paul has worked in personal injury for over 8 years (in one of the largest Queensland firms) and has the experience and expertise to assist you with your claim. 

All of our personal injury matters are handled on a no win, no fee basis, meaning that there are no upfront costs to you. Contact Paul today for a free review of your case. 

A work place injury claim may include expenses relating to

motor vehicle injuries pain and suffering

Pain & Suffering

motor vehicle compensation loss of wages

Loss of earnings (past & future)

Medical & Rehabilitation expenses

Are you ready to make a claim?

We will be happy to chat with your about your injury and offer a free case review. We are a no win, no fee firm, so you will never be charged unless you win your claim. 

CONTACT US

Fill in the form below or phone us direct on 0499 592 659 or email  paul@spclaw.com.au

Frequently asked Questions about Work Place Injuries and Work Cover Claims

Who can make a work place injury claim? 

Anyone who has been injured while at work may be entitled to make a claim. 

Can I make a compensation claim if the accident was my fault? 

Yes. You may be entitled to compensation even if you think it was your fault. it is possible that the injury only occurred because of the workplace systems that you were using. 

What is the first thing I should do if I am injured at work? 

You should immediately report the injury to your employer and make sure that it is noted. You should then attend the hospital or your GP to have the injury treated. 

I have reported my injury. What is the next step in the process? 

The next step is for the incident and injury to be reported to Work Cover Queensland (WCQ) or your employer’s self insurer. When your claim is accepted you will enter into what is called the statutory claim process. We are happy to assist you with this process and you can contact us at any time if you need assistance. 

What types of workplace injuries can I claim for? 

All types of injuries can be claimed, including psychological injuries. 

What is the statutory claims process? 

If WorkCover Queensland (or a self-insurer) accept your claim then you go through a standard process. You will be assigned a claims handler. They will organise medical appointments and assessments for you. You will be paid a portion of your wage if you can’t work. 

The aim of WorkCover is to get you rehabilitated and return you to a workplace. Their first preference will probably be to the workplace where you sustained the injury. 

Eventually WorkCover will close your claim. This will only happen when a medical practitioner determines that your injury is stable and stationary. This DOES NOT mean that your injury is healed, it just means that your injury is not getting better or any worse. 

What happens when my case is closed? 

Sometimes WorkCover will close your case and that is the end of it. You may find yourself in a position where you have a serious injury and cannot return to work. This is not something WorkCover Queensland can resolve. We can assist you with this. Please contact us to find out more. 

Sometimes WorkCover Queensland will have you assessed for permanent impairment and then offer you a lump sum of money. IF YOU ACCEPT THIS OFFER THEN YOU CAN NOT TAKE ANY FURTHER ACTION. We strongly recommend seeking legal advice before accepting any WorkCover Queensland claim. 

Do I have to cooperate with WorkCover? 

It is in your best interests to work with and cooperate with the claims handler as much as possible, however it is OK to ask to go to your own doctor or be placed with a different employer. 

WorkCover Queensland are required to take all reasonable steps to rehabilitate you. They can’t close the claim because you disagree with a claims handler or there is a personality clash. 

At the same time, they can close your claim if you refuse to cooperate. 

They can also close your claim if a qualified medical practitioner claims that your injury is no longer stopping you from working. 

What if there is a disagreement between their doctor and mine? 

It is quite common that there is a disagreement between doctors, and of course yourself, regarding how your injuries are progressing. This can be a difficult issue to resolve. We suggest that if this occurs you contact us to discuss things further. 

I have been made an offer by Work Cover. Do I have to accept? 

Once the statutory claim process is finished, Work Cover may have you assessed and make you an offer of a lump sum of money. At this point you need to decide whether or not you accept the offer or proceed with a common law claim. IF YOU ACCEPT AN OFFER FROM WORKCOVER QUEENSLAND YOU CAN NOT MAKE ANY FURTHER CLAIMS. You can contact us to discuss any lump sum offers. We won’t charge you consultation fees and you are not obliged to take any action that we may suggest. We can help you make a more informed decision. 

I want to proceed with a common law personal injury claim. What is the process? 

If you decide to decline the Work Cover lump sum payment (if offered one), or your case with WorkCover is closed then you can bring a damages action for your work related personal injury.

What do you mean by damages? 

Damages is an extensive assessment of how your injury may affect you now and into the future. 

What kinds of costs will be assessed? 

Compensation will take into consideration all previous out of pocket expenses, future out of pocket expenses, past and future medical expenses, past and future loss of wages as well as damages for pain and suffering. 

How long will the process take? 

The process for making a work place injury claim can take approximately 12 to 18 months depending on your injuries and circumstances. We will be in touch throughout the process to make sure you are aware of what is happening and what you need to do. 

What up front costs are there? 

None. There are no up front costs involved in making a claim, or even making an enquiry about a claim. We operate on a no win / no fee basis. 

What about disbursements (doctor and specialist fees etc)? Do I have to pay for those up front? 

No. We also handle the initial costs of any disbursements, which are only paid back upon a successful outcome. 

What is a litigation loan and do you use them? 

We do not use litigation loans. A litigation loan is often used by larger firms, and is an added expense which you are later charged for. We do not use these for any of our claims.