WorkCover Lawyers Brisbane QLD

In QLD, you have 6 months from the date of the illness or injury to lodge a claim.

• If the injury worsens over time, the six months start from your first Doctor’s consultation.
• If you have just been to the Doctor and assessed as not being fit for work, you have up to 20 business days to lodge your claim and waive the 6-month timeframe.
• If you are unable to lodge a claim within the timeframe, you can request an extension, but you will need to give a valid reason for failing to lodge in time.

If you intend to sue an employer for negligence, a notice of claim for damages must be submitted within 3 years of the injury.

In any case, it’s vital to seek WorkCover legal advice as soon as possible to ensure your rights are fully protected.

The compensation you are eligible to receive is not a set figure; it varies based on factors such as age, income before the accident, and the severity of your injuries. Additionally, the sum you obtain will be influenced by the comprehensiveness of your claim preparation and whether it reflects the complete effects of your injury on your life.

Lodging a claim can be a time-consuming, stressful, and complicated process, and problems can occur. If an employer disputes the claim, there is a lack of supporting evidence, or you miss items you could also claim, without the help of a workers’ compensation lawyer, you likely won’t get everything you are entitled to.

A dedicated lawyer will work on your behalf helping you:

• Gather all supporting evidence, such as witness statements and medical records
• Understand your rights, what you can and ca do
• Meet all deadlines
• Communicate with the employer’s insurance company or legal team
• Support you during settlement discussions
• Represent you in court if needed

You should seek medical attention straight away and obtain a Doctor’s report. The report will help determine the seriousness of your injury and also be used to calculate the compensation amount. You also need to report the injury to your employer straight away. They will provide the required paperwork to be used in your case.

There are two common scenarios where a worker can claim a lump sum payout

1. Work Injury Damages Payout – If it was caused through negligence by your employer
2. Permanent Impairment – If you have been permanently impaired or disabled

A decision on your claim through WorkCover in Queensland is required to be made within 20 business days. It can take longer depending on your specific case and how complicated your claim might be or if more supporting information is required to make a decision.

If your work aggravates a pre-existing injury or illness, you may be entitled to make a claim.

No, employers are not automatically required to pay Superannuation while an employee is on workers’ compensation.

All employers in Queensland must have Workers’ compensation insurance for each employee to cover a work injury. Most employers have this insurance with WorkCover Queensland, but some of the bigger employers are self-insured, which means they have their own WorkCover insurance.

A WorkCover claim covers all injured workers, including part-time and casual workers. In many cases, it also includes subcontractors.

If you’re an injured Commonwealth Government employee or a big national company employee, you can claim under the Comcare scheme.

It’s important to know your rights, but at a high level, your initial steps should be:

1. Go to the Doctor and obtain a work-capacity medical certificate
2. Notify your employer about your injury and provide them with a copy of your medical certificate
3. Lodge the claim
4. Keep all the information related to your claim in a safe place.

Here is our detailed Step-by-step guide to filling out a WorkCover claim in QLD.

The qualifying conditions are well documented in the Workers Compensation and Rehabilitation Act 2003. When lodging a claim, Workcover QLD will initially want to answer the following:

• Does the person making the claim meet the definition of a ‘worker’
• Has the time frame for lodging a statutory claim been met?
• Was the person working for the employer when the incident took place?
• Did the claimant’s job significantly contribute to their illness or injury?

There are no upfront fees or charges for us to work on your case. We only get paid if we win it.

Absolutely. If your workers’ compensation claim or treatment has been denied, we can step in to review your case, identify why it was denied, and help you appeal the decision. Our team has extensive experience dealing with denied claims and navigating the appeals process. We’ll fight to get you the compensation and treatment you deserve.

It depends on when you were injured and what your Doctor or specialist has recommended. The payments will stop if you claim a lump sum or start working again.