If you have been injured at work or during the course of your work place duties, then you may be able to claim compensation for your injuries.
In Queensland the Workers’ Compensation scheme is comprised of two parts:
a) the Statutory phase; and
b) the Common Law phase.
The Statutory phase is a no-fault scheme whereby you can claim for time off work and medical expenses, as incurred. After a certain period of time your Statutory claim will be closed by WorkCover and your benefits will cease. If this has happened too early, Stallion Lawyers may be able to appeal on your behalf and have your claim re-opened (however strict time limits apply to these appeals, therefore you will need to contact us as soon as possible if this has happened to you).
Once your claim has been closed you may or may not be offered a lump sum offer of compensation. If you are offered a lump sum offer of compensation under the Statutory claim phase, it is important that you obtain legal advice from a personal injury lawyer immediately. If you accept the offer, there may be consequences that prevent you from running a common law claim.
The Common Law phase is where Stallion Lawyers can help, if your injury was caused by the negligence of your employer. 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). Negligence may not always be obvious – you should obtain legal advice in order to assess whether or not you may have a claim at common law.
You can only lodge a claim for common law damages once your Statutory Claim has been finalised. However, it is never too early to contact a personal injury lawyer, as we make sure your claim is run correctly from the start and guide you through the whole process.
Further, under the Common Law phase you may be entitled to a much larger sum of compensation, including amounts for future time off work and future medical expenses. This area of law can be quite complex, so call us today for a FREE CASE ASSESSMENT.
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:
This list is not extensive and the type and amount of compensation claimable will depend on each individual case. Our expert personal injury lawyers can provide you with FREE specific advice on your situation.
Our personal injury lawyers offer FREE INITIAL CONSULTATIONS for all work place accident enquiries. We also work on a ‘NO WIN, NO FEE’ basis for all claims that we take on. This means that we will not charge you anything, unless or until we obtain a successful settlement of your claim. We also cover the cost of all outlays on your behalf throughout the running of your claim. Not all firms are 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).
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 following your accident, in order to ensure that your legal rights are being protected. We can help you manage the statutory claim phase and ensure that you are prepared to lodge a common law claim as soon as possible.
The law is often complicated and confusing for non-lawyers. Further, WorkCover and self-insurers do not operate to safe-guard your rights. Therefore, in order to ensure that you get the maximum compensation that you are legally entitled to, you should obtain legal advice from one of our personal injury lawyers as soon as possible.
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 the majority of the compensation to the injured worker.
For FREE legal advice contact us now!
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