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Experiencing a workplace injury or accident can be both physically and emotionally taxing. From medical expenses to lost wages, the financial impact can be significant. Statutory workers’ compensation claims exist to help employees recover some of these costs, however, only a common law claim for damages will properly compensate an injured worker for their injuries and loss of income since the incident and into the future. Whether your injury was caused by a fall, machinery malfunction, heavy lifting or in some other way whilst you were working, understanding your rights following an injury at work is vital to securing the full benefits you are entitled to.

A compassionate work accident lawyer from L&H Injury Lawyers is here to guide you through this complex process. With a deep understanding of workers compensation laws and a heartfelt commitment to your well-being, we offer legal expertise with a compassionate approach and a fair, transparent fee structure. Let our experienced workers compensation lawyers handle the intricacies of your claim so you can focus on healing and moving forward with peace of mind.

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Work Accident Lawyers for Injured Workers

If you have been injured at work, or on your way to or from work, you may be able to claim workers’ compensation benefits to cover your medical treatment, rehabilitation costs and lost wages. Workers’ compensation is an insurance scheme which protects workers who have been injured at work or develop a work-related illness.

If you can show that your injury was caused by unsafe work practices or an unsafe workplace, you may be able to pursue a claim against your employer’s insurer for common law compensation (“common law damages claim”). 

A common law damages claim will compensate you for further losses associated with your injury including pain and suffering, past and future loss of income, past and future loss of superannuation benefits, past and future medical expenses and, in some cases, past and future care and assistance.

The workers’ compensation scheme in Queensland is complex. Strict time limits apply to both your statutory workers compensation application and common law damages claim. It is important that you obtain quality legal advice from a workers compensation lawyer early to ensure that your rights are protected.

If you were involved in a motor vehicle accident at work, or whilst travelling to or from work you may also be entitled to bring a claim against the Compulsory Third Party Insurer for the other driver. Learn more about road accident claims.

An L&H Work Accident Lawyer can advise you about:

  • Your statutory workers’ compensation claim; 
  • Adequate treatment funding from the workers’ compensation insurer during your statutory claim;
  • Your rights and options:
    • To dispute a decision by the insurer that rejects your application for statutory compensation;
    • To dispute a decision by the insurer that ceases your statutory workers compensation entitlements;
    • If you have received a Notice of Assessment and offer of lump sum compensation;
  • Making a common law damages claim for your work injury, your prospects of success and the types of damages that you will be entitled to claim. 

Our experienced personal injury lawyers can provide advice and guide you through the process, help you to maximise your compensation and assist in putting you and your family back in the best position possible for your future. Contact a work injury compensation lawyer at L&H for an obligation free initial appointment.

Typical Work Injuries Covered by Workers’ Compensation

In Queensland, workers’ compensation covers a wide range of physical or psychological injuries sustained during, or as a result of, employment. This includes:

  • Repetitive strain injuries (such as back, shoulder or wrist pain caused by repetitive tasks)
  • Sudden physical injuries (for example those caused by falls, lifting or equipment accidents)
  • Psychological injuries resulting from workplace stress, bullying, traumatic incidents or as a result of a physical injury
  • Aggravation of a pre-existing condition made worse by work duties

Regardless of the cause, if your injury occurred in the course of employment, it’s likely covered by workers’ compensation.

If you’re unsure whether your situation qualifies, our work injury lawyers can assess your eligibility and guide you through the WorkCover accident insurance policy requirements.

Understanding the Workers’ Compensation Claims Process

Navigating the WorkCover claim process can feel overwhelming, especially when you’re focused on recovery. Our work injury lawyers make the entire process as straightforward as possible by guiding you through each stage.

  • 1. Report Your Injury
    Notify your employer as soon as possible after the accident or onset of symptoms. This applies to both sudden physical injuries and gradual repetitive strain injuries.
  • 2. Obtain a Work Capacity Certificate
    Visit your doctor to get a Work Capacity Certificate. This document describes your injury, any work restrictions and your treatment plan.
  • 3. Lodge Your WorkCover Claim
    Submit your claim to WorkCover Queensland or, if your employer is self-insured, to the employer’s insurer.
  • 4. Assessment and Acceptance
    Once your claim is submitted, the insurer will investigate the circumstances of your work-related injury. If accepted, you’ll start receiving weekly payments to cover lost income and funding for reasonable medical bills and expenses.
  • 5. Disputes and Reviews
    If the employer’s insurer rejects your claim or disputes some of your injuries, our workers’ compensation lawyers can help you challenge the insurer’s decision, prepare evidence and represent you through the review process.
  • 6. Moving to a Common Law Claim
    Once your statutory claim is finalised, you may be eligible to pursue a work injury damages claim. This can provide further compensation for pain and suffering, past and future lost earnings including lost superannuation and other losses such as future medical treatment.

If Your Employer’s Insurer Refuses or Disputes Your Claim

Sometimes, an employer’s insurer refuses to accept liability for a work-related injury claim. This can occur when they dispute the cause of your injury or allege that a pre-existing condition is to blame.

If this happens, don’t panic, you still have rights. An experienced work-related injury lawyer from L&H can help you lodge a review of the insurer’s decision and, if necessary, escalate the dispute to the Queensland Industrial Relations Commission. We can also help you gather the medical evidence, work capacity certificates and witness statements needed to strengthen your case.

Why Choose L&H as My Workers’ Compensation Lawyer?

We Can Come to You
We provide professional legal advice for any Sunshine Coast resident who has sustained a personal injury at work and is in need of a work accident lawyer. There’s no need to visit our Sunshine Coast office. Our experienced personal injury lawyers will come to you to discuss your work injury claim with our no win, no fee policy.

Obligation Free Initial Consultation
All our clients are welcome to a free initial consultation in which our experienced work injury compensation lawyers will take the time to hear your story and discuss the legal process involved in claiming compensation for a work-related accident. Our Sunshine Coast law firm will assist you with your insurance claim process.

No Win, No Fee
As your trusted local personal injury lawyers on the Sunshine Coast, we’re here to help you navigate your work injury claim. Our goal is to ensure you receive the fair compensation you deserve, all without any upfront costs.

The L&H Injury Lawyers’ Difference

  • Experienced Lawyers:
    With years of experience in workers’ compensation law, we understand the intricacies of the Queensland legal system.
  • Local Knowledge:
    As Sunshine Coast-based lawyers, we are deeply familiar with the region’s industries and employers, which allows us to provide nuanced legal advice.
  • Proven Track Record:
    Our team has successfully handled WorkCover claims including workplace accidents that result in physical injuries or psychological injuries, and dependency claims to secure favourable outcomes for our clients.
  • Transparent Fees:
    Our no-win, no-fee policy minimises financial stress, allowing you to focus on your recovery without worrying about upfront costs.
  • Personalised Service:
    Every client is unique, and we take the time to understand your circumstances so we can provide tailored advice and representation.
  • Compassionate Approach:
    We listen to your story with genuine care, helping to alleviate the stress of navigating complex legal claims and ensuring you feel supported throughout the legal process.

Workers’ Compensation Lawyers - FAQs

What should I do after I am injured at work?

If you have been injured at work, you can lodge an application for workers’ compensation which, if accepted, will entitle you to funding for reasonable medical expenses and a portion of your weekly payments to cover lost income.

There are strict time limits for lodging your application for workers’ compensation. We recommend using a worker compensation lawyer to guide you through the process to claim your workers’ compensation insurance. You can lodge the claim with WorkCover Queensland or your employer’s self-insurer by phone, online, through your employer or through your GP.

Regardless of how the workplace accident occurred, you do not need to prove employer negligence to be entitled to statutory workers’ compensation benefits. Any worker who suffers an injury in the course of their employment is entitled to statutory workers’ compensation benefits. However, you do need to prove negligence to bring a common law claim for damages and should seek legal advice from an experienced workers’ compensation lawyer at L&H Injury Lawyers as soon as possible.

What happens when my WorkCover claim is accepted and when do my payments end?

When WorkCover accepts your claim, you will receive weekly compensation payments based on your pre-injury earnings. Additionally, WorkCover will fund or reimburse you for reasonable medical expenses related to your workplace injury claim.

Your WorkCover payments will cease under the following circumstances:

  1. Return to Work: When you resume your employment.
  2. Maximum Medical Improvement: When your injuries have reached their highest level of improvement.
  3. Maximum Compensation: When you reach the maximum value of weekly compensation allowed.

Learn more about how long you can be on WorkCover in Queensland.

What should I do if my application for workers’ compensation is rejected?

If your statutory workers’ compensation application is rejected, strict time limitations apply to appeal that decision. It is important that you seek urgent legal advice from an experienced personal injury lawyer. As workers’ compensation lawyers, L&H Injury Lawyers can assist you in reviewing the reasons for rejection and, if there are reasonable prospects of appealing the insurer’s decision, assist you in that process.

What happens when my statutory workers’ compensation ends?

Your statutory workers’ compensation claim will end when your injuries are considered by doctors to be stable or at maximum medical improvement (this means that they are unlikely to improve with further treatment).

When your injuries are considered stable the Insurer will send you to a doctor to assess your level of permanent impairment and thereafter you will be issued with a “Notice of Assessment” document from the insurer with a lump sum offer of compensation. If you accept the offer, you waive your right to bring a common law claim for damages.

There are very strict time frames in which you can request a re-assessment of your injury. If you have received a Notice of Assessment it is important to seek urgent legal advice from our experienced injury at work lawyers.
If you do not accept your lump sum offer of compensation, you are entitled to commence your common law claim for damages after your Notice of Assessment is issued.

You will not receive any further weekly benefits after your statutory claim ends and it may take many months or more for your common law claim to settle. If your injuries have caused a level of permanent impairment and you have been unable to return to work by this stage, we can assist you in applying for income protection or a Total and Permanent Disability (TPD) payout to assist you during this period.

Who are WorkCover Queensland and will they be the insurer involved in my claim?

WorkCover Queensland is the main insurer for workers’ compensation in Queensland. Most work injuries are covered by WorkCover Queensland.

However, there are a number of large employers (for example Coles andWoolworths) who have their own workers’ compensation insurance company. An employer’s workers’ compensation insurer is referred to as a self-insurer.

Our Sunshine Coast workers’ compensation lawyers can provide you with the legal services required for your work-related personal injury claims. Contact our workplace accident lawyers today.

Can my employer terminate my employment while I am on WorkCover?

If you were injured at work and have been unable to return to your usual job, your employer cannot use your injury as a reason to terminate your employment within the first 12 months after the injury. It is also illegal for your employer to dismiss you simply because you have an injury or have made a compensation claim.

In some situations, an employer may be able to dismiss you on the basis that you are unfit to perform your duties. However, if your injury occurred at work, you cannot be dismissed in the first 12 months of your injury solely or mainly because you are not fit for employment because of your injury.

Can I pursue a claim for a death that occurred at work?

If a person is killed in a work accident, the person’s dependents (for example a spouse, de facto partner, parent, or child) may be entitled to a lump sum of compensation and reasonable expenses to cover funeral and medical costs. You may also be entitled to bring a common law claim for damages for loss of the income and loss of services that person provided to the dependents. L&H Injury Lawyers can assist you in your dependency claim. Contact us for an obligation free initial appointment.

Can I pursue a claim for a psychological injury caused by the death of a loved one at work?

The loss of a loved one causes immense grief. If your loss has caused you not only grief, but a psychological injury, you may be entitled to make your own claim for compensation. This is referred to as a nervous shock claim. L&H Injury Lawyers can provide you with advice and assistance with your potential nervous shock claim. Contact us for an obligation free initial consultation, our lawyers for accidents at work can assist you with your claim.

Do I need experienced lawyers when seeking compensation?

Understanding compensation law, the legal system and expected legal process can be overwhelming, especially when dealing with a work accident and the complexities associated with a workers compensation claim. We encourage you to seek legal advice and professional legal representation early to enhance the likelihood of a successful outcome and to maximise your compensation.

L&H Injury Lawyers are the workers compensation lawyers Sunshine Coast residents trust. We assist all our clients to navigate the complex world of personal injury law, providing the legal help they need while reducing any potential financial stress over legal fees with our no win no fee guarantee.

How Long Will My Compensation Claim Take?

The duration of a workers’ compensation claim depends on various factors, such as the severity of your injury, the complexity of your case, and whether a common law damages claim is pursued. While statutory compensation claims are typically accepted within weeks, the length of time you will be in receipt of benefits varies based on the severity of your injury. Once your statutory workers’ compensation claim has been finalised a common law claim may take several months to resolve. L&H Injury Lawyers work diligently to ensure your claim is processed efficiently, providing regular updates and support throughout the compensation process.

What if I have a pre-existing condition?

If you had a pre-existing condition that was aggravated or worsened by your work duties, you may still be entitled to compensation. The WorkCover accident insurance policy covers injuries that are significantly contributed to by your employment. Our work injuries lawyers can help prove that your work duties aggravated your condition and ensure you receive the benefits you’re entitled to.

Can I claim for repetitive strain injuries?

Yes. Repetitive strain injuries are among the most common work-related injury claims and are generally covered by workers’ compensation. These injuries can develop gradually over time from repetitive motions, such as typing, lifting or assembly line work. Our work injury lawyers can help you gather medical evidence to support your claim and ensure your employer’s insurer provides the compensation you deserve.

Why should I choose L&H Injury Lawyers when seeking compensation?

Understanding compensation law, the legal system and expected legal process can be overwhelming, especially when dealing with a work accident and the complexities associated with a workers’ compensation claim. Seeking the right legal advice early on and finding professional legal representation enhances the likelihood of a successful outcome and ensures you maximise your compensation.

L&H Injury Lawyers are the workers’ compensation lawyers Sunshine Coast residents trust. We assist all our clients to navigate the complex world of personal injury law, providing the legal help they need while reducing any potential financial stress over legal fees with our no win no fee policy. Our experienced work injuries lawyer can help ensure your compensation arises from valid grounds and that your legal costs are recovered where possible. Contact our legal team today.

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