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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 can apply for workers compensation benefits to cover your medical treatment, rehabilitation costs and lost wages. You may also be eligible for a lump sum payment. These kinds of compensation claims are called statutory compensation.

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 lump sum offer of 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 us for an obligation free initial appointment.

Workers Compensation Lawyers - FAQs

What should I do after I am injured at work?

If you have been injured at work, you are able to lodge an application for workers compensation which, if accepted, will entitle you to funding for treatment expenses and a portion of your weekly 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 compensation. You can lodge the claim with WorkCover Queensland or your employer’s self-insurer by phone, online, through your employer or through your GP.

You do not need to prove that your employer was at fault 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.

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 earnings from the previous 12 months before the accident. The weekly compensation will not cover reimbursement allowances like meals, travel, superannuation, accrued leave, and relocation expenses. Additionally, WorkCover will reimburse you for medical costs for your work-related injury.

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.

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

If your statutory workers’ compensation application is rejected, strict time limits apply to appealing that decision. It is important that you seek urgent legal advice from an experienced personal injury lawyer. 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 an experienced personal injury lawyer.

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 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 are 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, Woolworths & local Councils) who have their own workers’ compensation insurer. These are referred to as self-insurers.

Our Sunshine Coast workers compensation lawyers can provide you with the legal services required for your work-related personal injury claims.

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 appointment.

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.

Why should I choose L&H Injury Lawyers as my workers compensation lawyer?

We provide trusted legal advice for any Sunshine Coast residents who have sustained a personal injury at work and are in need of a work accident lawyer. Our specialist personal injury lawyers can come to you to discuss your work injury claim with our no win, no fee policy.

All our clients are welcome to a free initial consultation in which our experienced work accident 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.

We can help you with your

Personal Injury Compensation Claim

Work Accidents

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Car Accidents

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Motorcycle Accidents

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Pedestrian or Cyclist Accidents

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Public Place or Private Property Accidents

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Total and Permanent Disability Superannuation Claims

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2

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