Under the Work Compensation QLD scheme, you have the right to sue your employer for negligence through a common law or damages claim under the Qld Civil Liability Act.
Taylors Solicitors can help you find out if the employer has been negligent, and file a claim so you can be properly compensated for your future economic loss as well as your pain and suffering.
Meanwhile, WorkCover will defend the claim on behalf of the employer, keeping them updated and involved through the process. Your employer may try to resolve the claim with you, which is part of the pre-court process and set out in the legislation. The pre-court process can be informal as it aims to provide cost-effective solution for all parties. In case you don’t agree with the pre-court settlement, we will enter into a formal process known as a compulsory settlement conference.
If we can’t achieve resolution during the pre-court process, Taylors Solicitors will provide you with a lawyer who has expertise and experience in the workers compensation qld scheme. The average common law claim may take around a year to arrive into a resolution. However, if the claim proceeds to formal litigation, the process may even take longer.
It is crucial to take note that for injuries sustained between 15 October 2013 to 30 January 2015, the worker must have greater than 5 per cent degree of permanent impairment to be able to pursue a common law claim. You can still consult Taylors Solicitors if you want to lodge claims for injuries sustained between 15 October 2013 to 30 January 2015.
It is important for us to keep communication channels open with you, your employer, and WorkCover for us to achieve a timely resolution in the best interest of all parties. But we will encourage and support you so you will remain at work or return to work as soon as possible.
If you want to learn more on how you can make a workplace injury claim or you want to learn how Taylors Solicitors workers compensation lawyers can help you, please call on (07) 3229 1266 and talk to one of our lawyers who specialize in workers compensation QLD.