- December 7, 2022
- Posted by: Seymour Furlong
- Category: Workers’ Compensation
Last updated on September 14th, 2023 at 10:54 am
Workplace accidents are avoidable but not impossible. Without the help of compensation lawyers in Brisbane, you can potentially miss out on the entitlements you possess under the Workers Compensation Legislation.
What is the workers’ compensation legislation in Queensland?
The workers’ compensation legislation in Queensland, Australia has been developed to ensure fair and effective coverage of workplace injury, illness and death. The scheme offers a range of entitlements, including: compensation for lost earnings; medical and rehabilitation expenses; provision of retraining; lump sum payments for permanent impairments and death benefits. This legislation sets the standard across many industries and provides protection for employees working in hazardous environments or other risk occupations. It also ensures that injured workers have access to financial safety nets to get them through difficult situations brought on by workplace injury. Taken together, these provisions are designed to ensure that all workers in Queensland have adequate protection from workplace injuries, illnesses or fatalities.
These claims cover workplace-sustained injuries that encompass illnesses and diseases that may be exacerbated by your role.
Who can make a claim for workers’ compensation in Queensland?
In Queensland, all employers must provide workers compensation insurance for their employees in case of any workplace injury or illness. Generally, an employee can make a claim for worker’s compensation if they are injured during the course of their employment or fall ill due to exposure to something at work. Certain volunteers, contractors, and other people classified as ‘workers’ may also be eligible to make a claim. Employers are obligated to provide information about making such claims and the relevant process should be kept readily available should it be needed.
To ensure that you obtain the personal injury compensation you deserve, selecting lawyers who specialise in worker’s compensation claims can dictate the success of your claim. To maximise your injury compensation, consider these five telling factors that may impact your reimbursement.
1. Weekly Benefits and Medical Expenses
To make a claim, you must provide your employer with a WorkCover Certificate of Capacity that serves as proof of your inability to work. Ask your GP or a doctor that you’ve seen relating to your work injury – this could be the doctor who inspected or treated your injury.
Employers must then notify insurers of this claim within the next 48 hours. Once WorkCover (or self-insured company) has been notified and acknowledges the claim, they are responsible for weekly benefits but will depend on the circumstances. This most often will depend on whether the claim was lodged under the basis of medical expenses only or time off work (or also both). If the latter or both, the amount most often differs from one’s usual wage and calculator at about 75%.
If you lack sufficient medical information, are not an employee, or obtained the injury outside of your work environment, you may not be eligible to make a claim. As such, ensure that you’ve compiled the necessary documents before making a claim.
2. Suitable Return-to-Work Responsibilities
If you find yourself homebound, it’s up to an employer’s discretion to provide you with the appropriate remote tasks or part-time work. Should the employer be unable to provide to you suitable or alternative duties, placement with a host employer would allow you to rebuild your work fitness whilst developing skills and promoting recovery.
Also read: Employment while under Workers’ Compensation
3. Lump Sums for Permanent Injuries
Suppose a workplace accident results in permanent impairment or one that is unlikely to change within the next 12 months. In that case, you are entitled to a maximum amount payable of 75% and over. To determine whether you’re entitled to a lump sum obligation, you can assess your Degree of Permanent Impairment (DPI) with a medical examiner. It’s also possible that you can dispute your given DPI and have the matter heard before the Tribunal.
4. Employer’s Negligence
The Queensland workers’ compensation scheme is a “no-fault” process, under which you can claim your entitlements without having to prove that your injuries were the result of your employer’s negligence. If, however, your DPI is equal or greater than 20%, you may be able to pursue a Common Law claim. Regardless of the degree stated in your DPI, you should always speak to a personal injury solicitor to identify the most appropriate options available.
Moreover, your personal injury solicitor will be able to step in and begin the claim if you choose to make a common law claim. There have been a number of cases where the Statutory Claim closes without having the injured worker assessed – we can assist with this. The best time to seek advice is when the worker’s claim is just about to close/when it recently has been closed [with or without the Notice of Assessment].
5. Lawyerless Assistance
As far as what Workers Compensation Insurers don’t want you to do, it’s to consult a lawyer regarding personal injury in Brisbane. Without one, they can undermine your claims and forego a more complex compensation scheme. Seek the help of accredited lawyers with a speciality in personal injury law. In most cases, they won’t charge you for an initial consultation and are often covered by WorkSafe. Seymour Furlong Lawyers specialise in personal injury and would be happy to help you understand your options through a FREE no-obligation initial consultation.
Bonus: Aggravation of Pre-existing Conditions
it is important to be aware of the aggravation of pre-existing conditions when lodging Workcover claims in Queensland. A pre-existing condition means an illness or injury that was present prior to any work-related incident and can also include a component that is gradually arising rather than instant. QLD WorkCover will consider any increase in severity of your pre-existing condition, as well as if it has caused you to experience further incapacity when assessing your claim. It is essential to declare any pre-existing conditions before submitting a claim – failure to do so may negatively influence your eligibility for compensation.
To get the best understanding of your rights under the legislation, speak to a worker’s compensation lawyer with a profound grasp of Workers Compensation Claims. With Seymour Furlong Lawyers, you won’t have to shoulder more than you have to. We assign licensed solicitors in Brisbane who work to achieve the best possible outcome for your personal injury claim. Contact us today for a free consult.