Workers’ Compensation

Each year, close to 100,000 workers’ compensation claims are lodged in Queensland. If you’re claiming, you’re not alone – but every situation is different.

To ensure you get every cent you are entitled to from your workers’ compensation insurer we recommend that you consult with a lawyer experienced in the area.

Seeking help early is important because strict time limits apply. Hall Payne’s team of workers’ compensation lawyers will do everything to ensure you don’t become just another ‘claim number’.

Our Expert

Linda Brangan

Principal

Linda Brangan is an expert in personal compensation law, recognised by Doyle’s Guide as one of Brisbane’s leading compensation lawyers.

Common Questions

What kind of injuries can I claim for?

If you suffer an injury at work, it’s likely you can claim under the state or federal workers’ compensation scheme, depending on your specific employment circumstances. Generally, workers’ compensation schemes will compensate for:

  • physical injury
  • psychiatric injury
  • diseases, such as asbestosis or black lung
  • hearing loss.

A pre-existing injury does not necessarily prevent you from claiming compensation in circumstances where employment has aggravated that injury or condition.

If you have sustained a work related injury you may also be entitled to claim damages at common law. Our experienced personal injury lawyers can advise you on all your rights and entitlements.

How do I know if I have a claim?

If you suffer an injury at work, it’s likely you can claim under the state or federal workers’ compensation scheme, depending on your specific employment circumstances. The various state or federal schemes have their own rules and regulations and take into account such things as how, when and where you sustained your injury.

You may also be entitled to claim damages at common law (depending on which scheme you come within). Our experienced personal injury lawyers can advise you on all your rights and entitlements.

Do I really need a lawyer if WorkCover manage the process?

While most workers’ compensation claims are fairly straight forward and resolve in a matter of a few weeks, if your claim isn’t straight-forward then legal advice will help you understand the claims process and your rights and options going forward.

Getting the right advice early will give you peace of mind and ensure that you get what you are entitled to as soon as possible.

What can I claim for?

If you have an accepted workers’ compensation claim you will be entitled to recover lost wages while you are incapacitated for work. You will also be entitled to payment of your reasonable medical, treatment and rehabilitation expenses, pharmaceuticals and your reasonable travel costs.

If you are entitled to claim for damages at common law for the work related injury, in most instances your damages will be calculated to cover:

  • pain, suffering and loss of life enjoyment
  • loss of past and future earning and associated superannuation
  • past and future hospital and medical expenses (including surgical costs)
  • ongoing or future anticipated rehabilitation and treatment expenses
  • out of pocket expenses for items such as pharmaceutical, travel and equipment
  • paid care and help, for example yard maintenance or nursing
  • home and vehicle modifications.

Every individual has a different situation. Your best course of action is speaking to Hall Payne about what compensation is right for you.

When should I make a claim?

Strict time limits apply and your entitlement to compensation may be lost if you claim late. In addition, Queensland based claims can usually only be backdated by 20 days. So while you may not lose your entitlement completely, the longer you leave it, the less you will receive.

Hall Payne knows that when you can’t work due to injury, it is a very challenging time. Financial stress can make the situation overwhelming. The sooner a claim is accepted, the sooner you’ll receive compensation.

How long will my claim take?

The sooner your claim is finalised, the sooner you can move on with your life. That said, a properly prepared and managed claim can’t be rushed.

Once you lodge your claim, WorkCover has 20 business days to either accept or reject it. If your claim is accepted, its duration will largely depend on the nature and extent of your injuries and your recovery. Your claim should not close until you have received appropriate treatment and rehabilitation and your injury has been determined as stable and stationary.

If your claim is rejected (or stopped too early), under most workers’ compensation schemes you have the right to have this decision reviewed. Time frames apply so it is important to ensure you obtain advice as soon as you have received the decision to reject or cease your claim.

Contact us for a free initial consultation with one of our expert workers’ compensation lawyers to discuss your claim circumstances.

What if my claim has been rejected?

Not every claim for workplace injury is accepted. This can be due to any number of reasons. If your claim is rejected then you should immediately seek legal advice from a specialist compensation lawyer to see if the decision can be overturned. Under most workers’ compensation schemes you have the right to have a decision to reject your claim reviewed.

Strict time limits apply to seeking to overturn a decision to reject a claim, so it is important to obtain accurate legal advice as soon as possible.

Failing to take steps within time may result in your losing your ability to continue to pursue your workers’ compensation entitlements. Contact us for a free initial consultation with one of our expert workers’ compensation lawyers to discuss your claim circumstances.

 

How much will it cost me to make a claim?

Hall Payne will provide you with a free initial consultation to discuss your injury and the circumstances around it. We will provide an estimate of legal costs and the likely time frames that will apply to your claim.

If we consider you have reasonable prospects of success we will act for you on a ‘no win, no fee’ basis.

1800 659 114

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