QLD Workplace Injuries (WorkCover) Workers’ Compensation Claims for Workplace Injuries
Call 1800 621 071
Anyone who is injured at work can apply for workers’ compensation regardless of who or what caused the injury. Applications for workers’ compensation must be lodged within six (6) months from the date of the injury or the appearance of symptoms.
In Queensland an injured worker may have two avenues for compensation from a work injury:
Statutory Benefits Claim
A Common Law Claim
Statutory Benefits Claim
If you as a worker suffer a work injury you are entitled to statutory benefits under a ‘no fault’ system. This means you are entitled to statutory benefits if the injury was caused by work, irrespective of whether the employer was at fault for the injury. These benefits include hospital and medical expenses, lost wages or a lump sum compensation payment for permanent impairment.
Common Law Claim
A worker who suffers an injury at work due to the negligence of their employer may lodge a common law claim. Almost all injuries that occur at the workplace are preventable and occur as a result of the negligence of the employer. Generally, the compensation recoverable at common law is significantly greater than statutory lump sum offers made by WorkCover. A worker has three (3) years from the date of their injury to lodge a common law claim.
Irrevocable Election
Most people suffering from workplace injuries, who are offered a lump sum of compensation from WorkCover, are required to make a decision about whether to accept the lump sum, or bring a common law claim. If you are made a lump sum offer of compensation by WorkCover, then you should obtain legal advice immediately, before making any decision about accepting the lump sum.
Who is a “worker”?
A worker is anyone employed under a contract of service, regardless of their tax paying status. This usually means anyone who earns a salary or wages, has set hours, is supervised or can be dismissed by their employer.Some volunteers and work experience students may also be eligible for workers’ compensation benefits.If you are unsure about whether you are a "worker", then you should still lodge an Application for Compensation or telephone Attwood Marshall's Personal Injury team on 1800 621 071 or by email on info@attwoodmarshall.com.au for further advice.