Workplace Accident Lawyers Brisbane
Were you injured at your workplace or while undertaking employment duties such as picking up something for the office or entertaining a client? Did your work or employment duties significantly contribute to the injury? If you answered yes to both of these questions, then you may be eligible to receive compensation for a work injury.
It is important to speak with a Brisbane Accredited Specialist in Personal Injury to be informed of your rights before making a decision. There are many issues that make workers reluctant to pursue a claim such as adverse reactions from their employer or having to deal with the WorkCover process.
An Accredited Specialist in Personal Injury can help make your legal situation clear in order for you to make the best decision you can for yourself and your family.
What if I want to sue my employer for damages?
If the accident was caused by an employer or co-worker’s negligence then you may also be able to make a damages claim for injuries. This claim can be made after a worker has been assessed for permanent impairment and a Notice of Assessment is issued.
In Queensland, certain thresholds need to be met to make a damages claim so it is important to speak to a qualified workers compensation lawyer before accepting any lump sum offer in a Notice of Assessment.
It is VERY IMPORTANT that you seek legal advice in this regard because if you accept a lump sum offer in a Notice of Assessment, you may be barred from making a damages claim.
How are Workplace Injuries Regulated in Brisbane?
WorkCover Queensland is the government owned statutory body that provides workers’ compensation insurance. Most employers will fall under this scheme, unless they are self-insured.
This insurance scheme is governed by legislation under the Workers’ Compensation and Rehabilitation Act 2003, as well as the associated Workers’ Compensation and Rehabilitation Regulation 2014.
Together, this legislation sets out the law for workers’ compensation and rehabilitation, as well as compensation, rehabilitation, costs and damages.
What are some of the types of work injuries?
Do you know what a work related injury is?
There are numerous injuries that can be sustained in the workplace. Some of the most common injuries include:
– Repetitive Stress Injury (RSI)
– Carpal Tunnel Syndrome
– Sprains and Strains
– Whiplash Injuries
– Exposure to Chemical & Asbestos Poisoning and Diseases
– Soft Tissue Injuries
– Neck Injuries
– Shoulder Injuries
– Back Injuries
– Traumatic Brain Injury (TBI)
– Neurological Injuries
– Head Injuries
– Internal Injuries
– Industrial Deafness
– Psychiatric and Psychological Injuries
– Depression, Stress, Phobia
– Fatal Accident Dependency Claims
– Eye Injuries and Blindness
What if I was traveling to or from my workplace? Am I still covered under WorkCover?
Yes. You may still be covered under WorkCover compensation even if you have been traveling to and from your workplace.
Are Contractors Covered?
If you are termed as a contractor, independent contractor or sub-contractor by the business or party that is hiring your services when your injury occurred, then you may also be eligible to claim workers compensation as a worker under the Workers’ Compensation and Rehabilitation Act 2003.
What if I feel that my injury is minor? Should I still pursue a claim?
A workplace injury that seems minor at first, may be exacerbated into something more serious. This is especially true if the worker fails to report or treat their injury and allows it to get worse. This is a very serious mistake because doing so may affect your rights to compensation.
Workplace injuries are not always just physical. It is common for workers to also suffer other symptoms such as lack of sleep, depression, anxiety or workplace phobias. Knowing whether you are entitled to compensation or not for these kinds of injuries may be difficult to discern if you are not a properly trained legal professional.
It is always best to speak to a personal injury lawyer before making a decision that can affect your legal rights.
What kinds of workplace accidents are
Who am I claiming against?
Employers in Queensland are required to have employee insurance to protect their workers from injuries arising from the workplace. Your claim will be lodged against your workplace’s insurer. This is typically WorkCover Queensland.
What can I claim as part of my compensation claim?
If you have suffered a workplace injury, you may be entitled to compensation. This compensation may be available to you irrespective of whether or not you are at fault for your accident.
You may be eligible to claim expenses such as initial medical treatment and rehabilitation and lost wages. The period of compensation most often will be until you have reached a maximum level of medical improvement.
You may also be eligible for a lump sum settlement from WorkCover. This is applicable when a worker has sustained a permanent impairment as a consequence of a workplace accident or injury.
However, it is important that a worker speak to a lawyer before accepting any lump sum offer. Failing to do so may result in that worker grossly undervaluing their claim.
What damages can a Personal Injury Lawyer Brisbane get me in a common law claim?
As part of your common law damages claim, you may be compensated for:
- Pain and suffering (loss of enjoyment of life)
- Past and future loss of wages (including superannuation)
- Paid household and personal care (e.g. cleaners, gardeners, etc)
- Past & future out of pocket expenses such as medical costs, equipment aids, etc.
What kind of Brisbane Personal Injury Lawyer should I get?
A personal injury lawyer who is also an accredited specialist in personal injury is a recommended credential that you should look for in a lawyer.
Because an accredited specialist in personal injury focuses solely on personal injury law and will prioritize your claim over other matters compared to a general practitioner. An accredited specialist in personal injury also focuses on specific areas of personal injury law so your unique claim can be addressed by someone who has experience in the areas of law concerning your specific employment.
A workplace injury can encompass many occupations, situations, accidents and injuries. It is highly recommended that you find a legal professional who can apply the law to fit your situation in the best way to protect your legal interests.
Some of the specific workplace compensation areas may include:
- Hazards in the workplace
- Office Injuries
- Sports Injuries
- Mining Accidents and Injuries
- Work Injuries in Healthcare
How do I proceed with a workers compensation claim in Brisbane?
Contact our Personal Injury Lawyers Brisbane Today. For more information on how workers compensation law applies to your unique situation and injury, contact our Brisbane Workers compensation lawyers for a free consultation so you can be advised of your rights.