Work Related Injury

Laws in Queensland protect workers in order to provide a safe working environment for every employee. Despite this, things can still go wrong. If you have sustained a workplace injury, then Brisbane Injury Lawyers will guide you throughout the workers compensation phase and will advise on potential avenues for further workplace accident claims. Read on for a list of common queries that we are usually asked by a person in your situation:


Am I entitled to a workers compensation claim?

Every workplace must be insured for workers compensation to ensure that each employee is protected in the event of a workplace accident and any injuries that may arise as a result. It does not matter who was at fault.

Most employers are insured by WorkCover Queensland. Other employers such as Toll, Coles, Woolworths and QANTAS are self-insured.

If your injury is work-related, then workers compensation will cover you if you are:

  • A full-time employee;
  • A part-time employee;
  • A casual employee;
  • On a work experience placement.

You may also be covered if you are:

  • Self-employed;
  • A volunteer.

Our experienced lawyers for injuries sustained at work will look at all aspects of the nature of your job role to ensure you are receiving the benefits you are entitled to.

Anything can go wrong in any industry or profession although some of the more common complaints arise out of:

  • Construction and labourer roles;
  • The meat processing industry;
  • Warehouse duties;
  • Nursing and personal carer roles.

What kind of work injuries will be covered by workers compensation?

The scheme will cover just about any type of injury as long as it is related to a workplace accident.

While there is no work injury that is too obscure for our specialised workplace accident lawyers, some of the more common work accident claims include:

  • Neck and back strain;
  • Shoulder injuries – bursitis and rotator cuff tears;
  • Knee dislocations;
  • Spinal injuries – treated surgically with spinal fusions;
  • Head and brain trauma;
  • Burns;
  • Elbows and wrists – tendonitis; carpal tunnel syndrome and other repetitive strain injuries;
  • Broken bones;
  • Eye and facial injuries;
  • Industrial deafness;
  • Amputations;
  • Chemical exposure;
  • Infectious disease;
  • Psychological / mental / emotional / cognitive disabilities and disorders.

What will I be covered for under a workers compensation claim?

Making a workers compensation claim for your work injuries means that you are covered for any of the following:

  • Wages;
  • Medical expenses (doctor and specialist appointments);
  • Treatment (rehabilitation and surgery).

Do I really need a work injury lawyer guiding me through my workers compensation claim?

You might be wondering why you need a solicitor specialising in workplace accidents when you have been informed that you only need to fill in some workers compensation forms to get the ball rolling.

The truth is there are so many aspects in a workers compensation claim that it is easy to overlook and miss out on benefits that you are entitled to. For example, your application for compensation may have been rejected, the insurer may refuse to fund medical treatment such as surgery, or the insurer may have stopped paying your weekly benefits (wages).

It is so important to be well-informed of your workers compensation rights and Brisbane Injury Lawyers will work to ensure that you have the maximum amount of benefits to help you recover from your workplace injury.

My workers compensation claim is about to close – what next?

When your workers compensation claim closes (i.e. you are certified fit to return to normal duties or your medical treatment ceases) then you may be entitled to lump sum compensation payments that are outlined in a document called a “Notice of Assessment”.

However, accepting a lump sum offer can have terrible consequences on any further rights you may have to make a further work accident claim for damages (money).

We find that most injured workers are not aware of the best decision to make at this stage of the claim. Speaking to one of our expert work injury solicitors will help you understand what further rights you have and whether you should accept or ignore any lump sum offers.

If I want to proceed with a further claim against my employer, then what are some of the scenarios where my employer could be found at fault for causing my workplace injury?

Some of the common situations that lead to work injuries include:

  • Failing to provide and enforce staff rotation;
  • Expecting staff to adhere to unrealistic timeframes and quotas;
  • Repetitive movements;
  • Lack of training;
  • Failing to provide assistance;
  • Faulty and defective tools, machines, plant or equipment;
  • Negligent behaviour, or a mistake, by a co-worker.

What can I claim for if I proceed with a further claim against my employer?

Our aim at Brisbane Injury Lawyers is to obtain full compensation for you to cover:

  • Medical expenses (treatment, doctor’s visits, hospital, surgery, specialist appointments);
  • Rehab costs (physio, chiro, massage, acupuncture);
  • Loss of earnings (past and future);
  • Pain and suffering;
  • Paid care (nursing, cleaning, gardening).

How long will my claim take?

This varies on the complexity of the work place accident, the extent of your work injuries and when your workers compensation claim is likely to close.

Speaking with an experienced workplace injury lawyer from our office will help you understand the possible timeframes for your work accident claim.

How much is my work injury claim worth?

The amount of money you can claim is influenced by a whole range of factors, namely:

  • Your age;
  • The extent of your workplace injuries;
  • What you do in your line of work;
  • Whether you own a business;
  • Whether you have lost wages or will continue to lose wages to some extent going into the future;
  • How much you have spent on treatment and other medical expenses and if this is required going into the future;
  • The level of care you now need.

Our dedicated workplace accident lawyers will arrange a medical appointment with a doctor who is specialised in assessing the particular injuries you have. The doctor will then provide your solicitor with a medico-legal report to support your work injury claim.

Who pays the money if I proceed with a further claim against my employer?

If you decide to make a further work accident claim against your employer after your workers compensation claim closes, then the relevant insurer would be responsible for paying out any settlement funds owed to you e.g. WorkCover Queensland.

What sort of legal fees will I be charged?

Brisbane Injury Lawyers operate on a ‘No Win No Fee’ basis. If you have a successful work accident claim where you are paid a sum of money, then legal fees are simply taken out at the end when your matter settles.

The amount of legal fees varies for each individual claim depending on the complexity and nature of your workplace accident lawsuit.

Is there a time limit?

You have three (3) years from the date of your work injury to make a claim. Although, timeframes can be difficult to distinguish if you have an injury that has occurred over a period of time. This is why it is so important to contact one of our expert work injury solicitors as soon as possible.