{"id":6330,"date":"2017-07-01T15:05:47","date_gmt":"2017-07-01T05:05:47","guid":{"rendered":"http:\/\/nowinnofeepersonalinjurylawyers.com.au\/?p=6330"},"modified":"2017-09-21T06:23:56","modified_gmt":"2017-09-20T20:23:56","slug":"workers-compensation-work-injury-lawyers","status":"publish","type":"post","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/07\/01\/workers-compensation-work-injury-lawyers\/","title":{"rendered":"Workers’ Compensation & Work Injury Lawyers"},"content":{"rendered":"
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No Win No Fee Personal Injury Lawyers are work injury & workplace injury experts. 24\/7 service to all Qld with Offices in Brisbane & Gold Coast.<\/p><\/div>\n

As personal injury lawyers, we see the impact work injuries can have on a worker and their family.\u00a0So, it is fortunate that in Queensland we have a Scheme where injured workers are able to receive benefits to assist with their medical treatment and rehabilitation and to pay their lost wages whilst they are unable to work due to their work injury.\u00a0 This Scheme is called “Workers’ Compensation”.<\/p>\n

Our Workers’ Compensation Scheme in Queensland is a no-fault based scheme. This means, whether you think you have caused or contributed to your work injury occurring does not matter. You are still entitled to claim workers’ compensation for your work injury no matter fault.<\/p>\n

In Queensland, Workers’ Compensation is available to anyone injured in the course of their work, on their way to or from work or during a work break.<\/p>\n

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Workers’ Compensation Claims and WorkCover Queensland<\/span><\/h2>\n

Workers’ Compensation is often referred to as a “statutory claim” because it is not a right at Common Law but is\u00a0provided by Statute (legislation). The statute\u00a0or legislation that\u00a0governs workers’ compensation and work injury claims in Queensland is the\u00a0Workers’ Compensation & Rehabilitation Act 2003<\/a>. They are also often termed, “WorkCover Claims” because the primary insurer of workers’ compensation for employers in Queensland is WorkCover Queensland<\/a>. In around\u00a099% of cases, WorkCover Queensland pays for injured workers’ workers’ compensation claims in Queensland.<\/p>\n

In some cases, larger employers pay for their own workers’ compensation claims and have their own Workers’ Compensation Schemes. These are called self-insurers<\/a>. Strict criteria has to be met by an employer before it can self-insure for injury in the workplace in Queensland. Hence there are only\u00a028 self-insurers in Queensland at the present time.\u00a0 Self insurers are usually larger companies or government bodies with a large number of employees, who can\u00a0afford to self-insure.<\/p>\n

A few large national employers and Commonwealth Government employers in Queensland use the Commonwealth Government Workers’ Compensation Scheme,\u00a0“Comcare”.\u00a0 This is a totally different Scheme to the Queensland Workers’ Compensation Scheme and tends to be more restrictive. In this article we are solely dealing with Queensland’s Workers’ Compensation Scheme.<\/p>\n

What Benefits are Claimable under\u00a0a Workers’ Compensation Claim?<\/span><\/h2>\n

When you bring a workers’ compensation claim for a work injury, your entitlements include:<\/p>\n

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  1. Medical & rehabilitation expenses for the treatment of your work injuries, such as, treatment, medications, medical aids & equipment, home and vehicle modifications, care and assistance, travel\u00a0etc.;<\/li>\n
  2. Lost wages whilst you are unable to work or have a reduced work capacity due to your work injury;<\/li>\n
  3. Lump sum compensation if your injury leaves you with a permanent impairment in function;<\/li>\n
  4. Lump sum compensation if your injury results in\u00a0high levels of care and assistance.\u00a0For example, the need for assistance with personal care, home, vehicle\u00a0and yard duties;<\/li>\n
  5. Additional lump sum compensation where you suffer very serious injury.<\/li>\n<\/ol>\n

    When Does my Workers’ Compensation Claim Come to an End?<\/span><\/h2>\n

    The workers’ compensation insurer is obliged to pay you your workers’ compensation entitlements until such time as your injury is determined by doctors to be “stable and stationary”.\u00a0 Your injury is considered to be “stable and stationary” when there is no further treatment that can improve<\/span> your injury.\u00a0 Once your injury is determined to be stable and stationary, your workers’ compensation claim will come to an end.<\/p>\n

    Common Law Claims for Damages for Work Injury<\/span><\/h2>\n

    There are actually 2 types of work injury claims you can make under Queensland’s Workers’ Compensation Scheme. The first is a workers’ compensation claim and the second is a Common Law Claim for Damages.\u00a0 An injured worker will have a Common Law Claim where their work injury has resulted from the wrongful act or negligence of their employer or co-worker.<\/p>\n

    It is only\u00a0through a Common Law Claim that an injured worker will receive proper compensation for their injury. This is because it is only in a Common Law Claim that you can claim for all the loss and damage suffered\u00a0because of your work injury. A Common Law claim includes compensation for:<\/p>\n