Workers Compensation Lawyers in Brisbane
If you have been injured at work or as part of your work duties and this was caused due to an act or omission of your employer then you may be entitled to claim compensation for your injuries with the help of workers compensation lawyers in Brisbane.
You do not need to be an Australian citizen in order to claim compensation under the Queensland Workers Compensation Scheme.
What Can I Claim?
The law states that if you have been injured in a work place accident, which was not your fault, you may be entitled to claim compensation. Such compensation may include amounts for:-
- Economic Loss (or loss of income);
- Medical and Hospital Expenses (past and future);
- Rehabilitation Expenses (past and future);
- Costs of re-training into alternative employment; and
- Travel costs.
However this list is not extensive and the type and amount of compensation claimable will depend on each individual case.A professional lawyer in Brisbane will be able to tell you more.
How the Workers' Compensation Scheme Works
The Queensland Workers Compensation Scheme is separated into two parts:-
- No Fault Statutory Claims; and
- Common Law Claims.
No Fault Statutory Claims – These claims are usually lodged as soon as you are injured and may cover you for time off work immediately following your injury as well as cover the cost of medical and rehabilitation services. To make a claim under the Statutory Scheme you do not need to show that anyone was at fault, only that you were injured either at work, as part of your work place duties or on the way directly to or from work. Once your injuries are considered to be at maximum improvement the Statutory Claim will be closed and you may or may not be offered a lump sum offer of compensation. If you are offered a lump sum offer it is important that you obtain legal advice a lawyer in Brisbane immediately, as there may be consequences if you accept the offer that prevent you from running a common law claim.
Common Law Claims – In order to make a common law claim you need to show that your injury was caused by your employer in some way (i.e. you need to prove negligence). You cannot run a common law claim until any Statutory Claim for the injury has been finalised. Further, in certain cases if you accept a lump sum offer made under the Statutory Claim you will then be prevented from making a common law claim. Under the common law scheme you are entitled to claim a broader range of compensation than you are able to under the Statutory Scheme. Common Law claims are a lot more complicated than Statutory Claims and you should consult with a workplace lawyer if you are unsure as to whether or not you are entitled to make a Common Law Claim.
What kind of Injuries Can I Claim For?
- Physical Injuries;
- Accidents where someone has been killed (claims may be made by a dependant of the deceased);
- Psychological Injuries (including stress, depression, bullying etc); and
- Serious brain damage/serious physical injuries.
How Do We Charge?
As solicitors in Brisbane, we offer free initial consultations for all work place accident enquiries. We also work on a 'No Win, No Fee' basis for claims that we agree to run. This means that we will not require any payment from you in regard to our fees, unless we obtain a successful outcome. We also cover the cost of all outlays on your behalf throughout the running of your claim. Not all firms will be willing to cover the cost of outlays and some may ask you to pay these fees yourself. Outlays include expenses such as medical reports, the cost of obtaining medical records, barrister fees and Court fees.
Why Should I Consult a Workplace Injury Lawyer?
There are strict time limits that apply to making a claim for personal injury in Queensland. Therefore, you should consult with a lawyer as soon as possible after your accident in order to ensure that your legal rights are being protected.
The law is often complicated and confusing for someone who is not familiar with how it works. Further, WorkCover and self-insurers do not work to safe guard your rights. Therefore, in order to ensure that your legal rights are being protected and that you get the maximum compensation that you are legally entitled to, you should obtain legal advice from an injury lawyer in Brisbane as soon as possible.
Who Am I Suing?
All employers in Queensland are required to have WorkCover Insurance. Even if your employer has failed to obtain Insurance with WorkCover you will still be able to make a claim. Some employers will also have their own Insurance schemes that operate on a very similar basis to WorkCover. Once you make a claim your employer will be required to pay an excess, however WorkCover or the alternative Insurance company will pay compensation to the injured worker.
If you wish to discuss any of the above in more detail or have further questions then please contact us on 1300 884 931.