Work Accidents / Injuries
It is compulsory for all employers in Queensland to have WorkCover insurance for each employee.
Most employers have this insurance with WorkCover Queensland. Some of the bigger employers are self-insured therefore they have their own WorkCover insurance.
If you are injured at work, including travelling to and from work, you have an immediate right to lodge what is called a statutory claim under the WorkCover scheme. By doing this WorkCover will immediately look at paying all your medical and treatment expenses as well as paying you for time off work or any other expenses you incur as a result of the injuries you suffer.
Once the WorkCover insurer and their doctors deem your condition to be stable and stationary they will then look at finalising your WorkCover claim. Typically this may not happen until 10 to 12 months after the incident however on some occasions it does happen earlier.
Once you are deemed to be stable and stationary WorkCover will then assess your injury and you may be given a lump sum offer of compensation. It is important that you MUST obtain legal advice prior to accepting this offer.
You may also have rights to pursue a Common Law claim against your employer if you can prove there was some negligence on behalf of the employer which caused or contributed to the accident or injury.
The amount a person can claim varies from person to person however does include an amount for general damages for pain and suffering, future income loss and future expenses as well as past expenses which are often in addition to the WorkCover benefits you have received.
With some recent changes to the WorkCover legislation it is important to ensure that if you do suffer an injury at work you seek advice as a matter of urgency so as to ensure your rights are fully protected.
You must also seek legal advice prior to accepting any offer from WorkCover; if you don’t you may be signing away your rights.
Contact us to arrange a consultation with one of our experienced lawyers.