Qld Work Injury Claims & the 5% Threshold

Brisbane & Gold Coast No Win No Fee Personal Injury Lawyers explain recent decision impact on work injury claims in Qld.

No Win No Fee Personal Injury Lawyers explain the impact of Trumino v Coles on work injury claims. Gold Coast & Brisbane No Win No Fee Lawyers.

Good News for those Injured at Work During 15 October 2013 & 30 January 2015

If you’ve been injured at work during the period 15 October 2013 and 30 January 2015, then your work injury claim is subject to the 5% threshold. What this means is that you cannot bring a Common Law claim for your work injury unless you achieve a degree of permanent impairment(DPI) for your injury of over 5%.

No Win No Fee Personal Injury Lawyers Explain the Degree of Permanent Impairment (DPI)

What is a degree of permanent impairment or DPI ? Taking your body as 100% functioning, permanent impairment is basically the impairment or loss of function suffered because of an injury. So for example, doctors may assess you as suffering a 7% loss of bodily function because of your work injury – then your DPI is 7%.

How doctors assess permanent impairment of functioning caused by an injury is based on a special guide used to assess DPI for work injuries in Queensland, namely, GEPI (Guide to Evaluation of Permanent Impairment).  And GEPI is primarily based on the international guide for assessing permanent impairment of functioning caused by injury, the AMA Guides.Continue reading

Trip & Falls on Footpaths

No Win No Fee Personal Injury Lawyers Brisbane and Gold Coast explain claims for trip & falls on footpaths.

Brisbane and Gold Coast Personal Injury Lawyers explain trip & fall personal injury claims where occurring on footpaths. No Win No Fee Lawyers, servicing Brisbane, Gold Coast & all Qld.

We commonly receive claim enquiries involving injuries from trip & falls on footpaths. These claims are usually against the local Council that has responsibility for and control over these areas of public land.

Because of the vast areas of public land Councils are responsible for, Courts are normally hesitant to find against these bodies in such claims. The issue being that Council’s cannot possibly be aware of every crack in a footpath or protruding tree root, in the large areas they oversee. Courts also consider that people should take care for their own safety when walking in public areas. And typically, local Council’s strenuously defend such claims, on these very grounds.

No Win No Fee Personal Injury Lawyers Explain Trip and Fall Claims Against Local Councils

The vast majority of falls on footpaths are due to uneven paving, protruding tree roots, or hidden indentations in the ground. To be successful in a claim arising from such events, it’s necessary to show the local Council was made aware of the danger prior to your trip & fall because of complaints made to it, or it had undertaken work in the area and  therefore ought to have been aware of the hazard. For example, where the Council has undertaken maintenance of a footpath or nature strip and has failed to remove a protruding tree root, or where the Council removes a tree and doesn’t properly fill in the resultant hole.Continue reading

Choosing the Best No Win No Fee Personal Injury Lawyers for Your Claim

No Win No Fee Personal Injury Law Firm Gold Coast & Brisbane. No Win No Pay legal service to all Qld.

Gold Coast & Brisbane No Win No Fee Personal Injury Lawyers Explain the Best No Win No Fee Law Firm. Qld’s No Win No Pay legal service.

When you’ve been injured in an accident or in some other manner, due to the fault of another, you will want to ensure you have the best personal injury lawyers on your case.  But for most people, they believe they can’t afford the best lawyers because they just don’t have the financial means to meet the legal fees involved.  However, this is not an issue when you engage personal injury lawyers who provide a no win no fee service.

What Is a “No Win No Fee Legal Service”?

A no win no fee legal service, or no win no pay service as it is also known, is where a law firm runs a legal action on behalf of a client, and does not charge the client until the end of the action, and only if the legal action is successful.  If the legal action is not successful, then the law firm does not get paid.Continue reading

Workers’ Compensation Lawyers Explain Psychological Injury Claims

Can I Bring My Personal Injury Claim When It’s Out of Time

Personal Injury Lawyers Brisbane & Gold Coast, explain limitation periods in personal injury claims. No Win No Fee Lawyers servicing Qld. Free 24/7 legal advice.

No Win No Fee Personal Injury Lawyers, Brisbane & Gold Coast explain how limitation periods in personal injury claims in Qld can be extended. No Win No Fee Lawyers servicing Qld with offices in Brisbane & Gold Coast. Providing FREE legal advice to Queenslanders 24/7.

In Queensland, a Civil action involving a claim for personal injury damages or compensation, must be brought within 3 years of the breach of duty, causing the injury to occur.  For example, say you’re injured in a car accident on 30 September 2017, caused by the fault of another.  In such case, you must bring your motor accident injury claim on or before 30 September 2020. If you don’t do this, then your claim will be statute barred. In other words, you will lose your right to claim any compensation for your motor accident injury.

You Have 3 Years To Bring Your Personal Injury Claim in Queensland

The same thing will apply to a claim for work injury, a case of medical negligence, and any other personal injury claim arising in Queensland.  This 3 year period in which to bring your claim is called the limitation period. Limitation periods are governed by the Limitation of Actions Act 1974.  Although limitation periods are strictly applied, there is still an avenue for extending the limitation period in certain limited circumstances.Continue reading

Choosing the Best Personal Injury Lawyers for your Personal Injury Claim

How to decide on the best personal injury lawyers for your personal injury claim. No Win No Fee Personal Injury Lawyers Brisbane & Gold Coast, explain what to look for. PI Lawyers offering services to all of Qld. No win no fee lawyers with no upfront costs & offering the community free legal advice 24/7

Brisbane & Gold Coast Personal Injury Lawyers explain how to decide the best personal injury lawyer for your personal injury claim. No Win No Fee Lawyers offering FREE legal advice to Qld 24/7 & providing no win no fee services throughout Qld, with offices in Brisbane & on the Gold Coast

When you’re injured through the fault of another, then you want to be certain you’re getting the best personal injury lawyers for your personal injury claim. Afterall, your injury compensation will need to last you into the future to meet ongoing medical expenses, the cost of engaging care and assistance, and to compensate when your capacity to earn income has reduced because of your injuries.

How Do You Decide the Best Personal Injury Lawyers for Your Case?

So, how do you decide who the best personal injury lawyer is to run your personal injury claim? The first thing you need to look at is experience. Like anything, practice makes perfect. Personal Injury Lawyers with long experience specialising in personal injury claims is one of the most important factors you need to consider when engaging a personal injury lawyer. Continue reading

Steps to Take Following Workplace Injury

Gold Coast & Brisbane Work Injury Lawyers explain steps to take after suffering injury in the workplace. No Win No Fee Personal Injury Lawyers.

Brisbane & Gold Coast Workplace Injury Lawyers explain steps to take after injury in the workplace.

1. Report the Workplace Injury to Your Employer & WorkCover Queensland

When you suffer injury in the course of your work, it is important that you report the injury to your employer as soon as possible, even if you believe it to be only minor. Often what is considered a minor injury following an event can turn out to be a major problem later on, so having a contemporaneous reporting of the event causing it is very important.

Also submit an application for workers’ compensation to WorkCover Queensland or your employer’s workers’ compensation division if it is self-insured. This will ensure that you don’t miss the 6 month time limit for bringing a workers’ compensation claim, if you need to claim workers’ compensation benefits later on.Continue reading

Notices of Assessment in Workers’ Compensation & Work Injury Claims

Gold Coast and Brisbane Personal Injury Lawyers explain Notices of Assessment in Queensland work injury claims

It’s imperative you seek advice from No Win No Fee Personal Injury Lawyers before making any response to a Notice of Assessment in your work injury claim.

At the end of your workers’ compensation claim for work injury, the workers’ compensation insurer may issue you with a document called a “Notice of Assessment”. This document will list all your injuries sustained in your work accident and accord a degree of permanent impairment assessed by a doctor for each injury, and a total of the degree of permanent impairment assessed for all your injuries.

What is “degree of permanent impairment” for a work injury?  

Taking your body’s overall functioning as 100%, a doctor trained in permanent impairment assessments will evaluate the degree your work injury has impaired your bodily function.  The degree of permanent impairment is assessed as a percentage and is based on the impact the injury has on your capacity to undertake your everyday living activities. For example, your back injury sustained at work, may be assessed as resulting in permanent impairment of your capacity to undertake your everyday normal living activities of 10%.
Assessment of permanent impairment for work injuries in Queensland is undertaken in accordance with the Guide to Evaluation of Permanent Impairment, or “GEPI” as it is also known. Doctors who undertake these assessments must be accredited in evaluating permanent impairment under this Guide.
So at the end of your workers’ compensation claim, Workcover or the self insurer, will have your work injury reviewed by a GEPI trained doctor and ask for their assessment of what degree of permanent impairment your work injury has caused. The workers’ compensation insurer then issues you with a Notice of Assessment stipulating the degree of permanent impairment assessed.

Statutory Lump Sum Offers of Compensation with the Notice of Assessment

If the degree of permanent impairment stated in your Notice of Assessment is stated as more than 0%,  then you will be made an offer of lump sum compensation when receiving your Notice of Assessment.  The higher the degree of impairment, the greater the lump sum offer will be.  Normally, the offer is around $3,000 for each 1% of permanent impairment assessed (eg. 5% degree of permanent impairment will result in an offer of approximately $15,000).

Continue reading

Lump Sum Offers in Workers’ Compensation Claims

Personal Injury Lawyers expert in workplace injury claims explain Lump Sum Statutory Offers for workplace injuries.

No Win No Fee Personal Injury Lawyers Brisbane and Gold Coast – Speak to us before making any decision to accept lump sum compensation for your work injury.

At the end of your workers’ compensation claim you may receive a Notice of Assessment from the workers’ compensation insurer allocating a permanent impairment  percentage for your work injury. If you don’t know what a Notice of Assessment in a work injury claim is and would like to know more, please read our website post on Notices of Assessment at the end of your workers’ compensation claim.

Notices of Assessment & Permanent Impairment for Work Injury

Permanent Impairment is a percentage of impairment of bodily functioning allocated to an injury. Looking at your body as 100% functioning, an injury can impair your body’s normal functioning to a certain extent.  This impairment in functioning is assessed by trained medical experts and accorded a percentage. The more serious the injury and its impact on your ability to function normally, the higher the percentage of permanent impairment accorded to the injury. For example, you may have sustained a back injury at work and doctors may assess your back injury as causing you a loss of bodily functioning of 10%.

Permanent Impairment in work injury claims in Queensland is assessed under the Guide to Evaluation of Permanent Impairment or GEPI as it is more commonly called.

When Statutory Lump Sum Offers are Made by Workcover or Workers’ Compensation Insurer

If your work injury has been assessed as suffering permanent impairment of more than 0% in your Notice of Assessment issued by Workcover (or the self-insurer) at the end of your workers’ compensation claim, you will be Continue reading

How Much Compensation Will I Recieve For My Personal Injury Claim?

Personal Injury Lawyers article on how to calculate injury compensation in a personal injury claim. No Win No Fee Personal Injury Lawyers in Brisbane & Gold Coast.

Personal Injury Lawyers explain how compensation is calculated in a personal injury claim. No Win No Fee Personal Injury Lawyers, Brisbane & Gold Coast.

No Win No Fee Personal Injury Lawyers are often asked this question when taking enquiries about personal injury claims. And understandably so. If you’re considering whether you’ll take legal action by way of a personal injury claim, then you’ll want to know how much compensation you are looking at achieving in taking that step. You need to know it will be a worthwhile process.

Calculating Personal Injury Claim Compensation Amounts

It is just not possible for a personal injury lawyer to tell you point blank, you’ll receive so much compensation for your personal injury claim, just by the injury you have sustained.  There are numerous variables to be considered.  No one personal injury claim is exactly like another, because each of these variables will be different for each individual claimant.

The major variables to be considered when calculating personal Continue reading