Work Accident Solicitor Brisbane
Have you suffered a personal injury in Queensland as a result of being injured at work? If so, you may be entitled to workers compensation benefits and damages under the state’s compulsory accident insurance for work related injuries, provided by WorkCover Queensland and self-insurers.
Talk to David Taylor, one of our injury claims solicitors, as soon as possible, as each case is different and strict time limits are in place for making a claim.
You should obtain legal advice before signing any documentation from WorkCover, otherwise you might lose your right to claim damages. We will guide you through the WorkCover legal process and carefully explain the options available to you.
If you have suffered an injury as a result of an accident at work in Queensland or your principal place of employment is in Queensland, you may be entitled to workers compensation benefits and damages. Examples of different type of injuries include:
- Physical injuries, including:
- sprains and strains of joints and adjacent muscles;
- disorders of muscle,tendons and other soft tissue;
- fractures and dislocations;
- spinal injuries;
- lacerations and scaring;
- Burns; an
- Industrial deafness.
- Psychiatric or psychological disorders — such as stress or depression
- Aggravation of a pre-existing condition; and
- Death (claims by dependents or estates).
Queensland’s WorkCover scheme includes statutory claims and common law claims under the Workers’ Compensation and Rehabilitation Act 2003. The statutory no-fault scheme includes compensation for lost wages, medical costs and rehabilitation expenses regardless of who was caused the injury. Common law claims, which generally provide much higher compensation, are for workers who can prove the employer or co-worker was negligent (at fault), or as a result of your employer’s failure to meet their obligations to prevent injury. You may still claim common law damages even if the injury was partly your own fault.
Common law claims for personal or work injury may include damages for:
- Compensation for your physical injuries, including general damages for pain, suffering and loss of enjoyment of life;
- Compensation for the financial loss you have suffered due to the accident, including lost wages and superannuation as well as special damages including medical, rehabilitation and pharmaceutical expenses;
- Compensation for the financial loss you will suffer in the future, including how much you would have earned in wages and superannuation if you had not been, future medical, rehabilitation and pharmaceutical expenses; and
- Past and future gratuitous services including care.
The Newman Queensland Government introduced legislative amendments to the WorkCover scheme in late 2013, which was later amended by the Palaszcuk Queensland Government. This means, if you suffer an injury between 15 October 2013 and 30 January 2015, you will be subject to a threshold of 5% degree of permanent impairment (DPI) assed under the American Medical Assocation’s (AMA) in any claim for common law damages. If you have suffered an injury prior or after this period, you will not be subject to the threshold and your claim will be dealt with under the legislation in force at the time of the injury.
We provide representation to plaintiffs (injured persons) in common law claims before and after a degree of permanent impairment assessment has been completed. We may still be able to assist you if WorkCover has rejected your claim, closed your claim or assessed your impairment at 0%.
This negotiation can occur through confidential conferences or mediation. Only if negotiation with WorkCover or your insurer does not reach a settlement to your satisfaction will we issue workers compensation proceedings in either the Magistrate, District or Supreme Court on your behalf. The time it takes to reach a settlement varies depending on the circumstances of the claim. In most cases, claims are finalised within 8 to 18 months after a degree of permanent impairment has been issued.
A claim is made against the state’s compulsory accident insurance provided, WorkCover, not against your boss or employer personally. Although amount paid out by a claim may effect your employer’s future premiums, the number of claims is not a contributing factor.
Your employer cannot sack you on the grounds you have made a claim for compensation. If you have been dismissed, Taylors’ work accident solicitors can help you to ensure your rights are protected.
Self-Funded Insurance Schemes
In some cases your employer may have a self-funded scheme. Currently in Queensland the following self-funded schemes are in place:
- Aged Care Employers Self-insurance Group
- Arnott’s Biscuits Limited
- Arrium Limited (Formerly OneSteel)
- Aurizon Operations Limited (Formerly QR National)
- Australia and New Zealand Banking Group Limited
- BHP Billiton Limited
- Brisbane City Council
- CSR Limited
- Coles Group Limited
- Council of the City of Gold Coast
- Glencore Queensland Limited
- Inghams Enterprises Pty Limited)
- JPS Australia Pty Limited
- Local Government Workcare
- Myer Holdings Limited
- Primary Health Care Limited
- QANTAS Airways Limited
- Queensland Rail Limited
- Redland City Council
- South32 Cannington Pty Ltd
- Teys Australia Meat Group Pty Ltd
- The Star Entertainment Group Limited
- The University of Queensland
- Toll Holdings Limited
- Townsville City Council
- Westpac Banking Corporation
- Wilmar Sugar Pty Ltd
- Woolworths Limited
If you believe your employer is involved in a self-funded scheme not on the list, please contact our offices to enable us to make further enquires. You should obtain legal advice before signing any documentation from WorkCover, your employer or other insurer, otherwise you may limit your rights to claim damages.
Taylors is the work accident solicitor Brisbane trusts for personal injury claims guidance. Let us help you too.
As a family-run law firm, We take over matters at any stage in the proceedings, ranging from self-represented claimants to persons dissatisfied with their current legal representation. Should you wish to discuss your workers compensation claim, please call our offices and speak to Mr David Taylor.
Although we are based in Brisbane CBD and have visited offices in Broadbeach Waters, we provide representation to claimants in all parts of Queensland, ranging from Mount Isa to Townsville, Cairns to Bundaberg and down to the Gold Coast.
Taylors Solicitors has provided representation in work injury claims in Queensland on a ‘No Win No Fee’ basis. A further explanation of this can be obtained by calling our office and speaking to an accident claim lawyer.
Legislation in Queensland imposes strict time limits on compensation claims for personal injuries so it is essential you consult a solicitor as soon as possible to discuss your situation.
If you are interested to learn more information about Taylors Solicitors Legal Services or you want to review judgments or cases we have been involved with, please call us on (07) 3229 1266 to speak directly to David Taylor, our workers compensation lawyers in Brisbane.