Workers’ Compensation Law in Queensland
Compensation for workplace injuries is regulated by the Workers’ Compensation & Rehabilitation Act 2003 (‘the Act’). This is a complex piece of legislation that has evolved through various amendments over recent years. It is a beneficial piece of legislation that is effective in providing adequate compensation to injured workers but only if the worker is able to successfully exercise all of his or her rights and entitlements under the legislation.
If an injured workers statutory Workers’ Compensation claim is rejected and the worker does not successfully overturn the Decision to reject the Application, the worker not only misses out on Workers’ Compensation entitlements but also any common law claim for damages that he or she might have otherwise been able to bring.
At Optimum we believe that an ounce of prevention is better than a pound of cure. If you have a possible Workers’ Compensation and/or Common Law claim we hope to at an early a stage as possible, advise on the issues that you should be aware of to ensure that your interests are protected and the benefits that you are entitled to are maximised. There are many points where an injured worker may require assistance during the Workers’ Compensation journey and for which they require our help.
These include, but are not limited to:
- Journey Claims;
- Application for Review of an adverse Decision by WorkCover Queensland or a self insurer;
- Representation at Medical Assessment Tribunal Hearings;
- Representation at Appeals at the Queensland Industrial Relations Commission; and
- Common Law Claim for Damages.
When it comes to making a Workers compensation claim, an individual can claim for:
- injuries suffered at work
- injuries suffered as a result of work or during work activities
- illnesses or diseases due to work
- illnesses or diseases made worse by work
- injuries suffered when travelling for work purposes or to and from work (journey claims)
- injuries suffered while receiving treatment for a separate work injury
Psychological injuries are also covered by the Act except in circumstances where there has been reasonable management action.
To find out if the injury you sustained is covered under workers compensation law in Queensland, contact an expert lawyer as soon as possible.
How long is a piece of string! The amount of compensation you are entitled to receive upon acceptance of your claim depends on the severity of your injuries and the facts of your particular situation.
Upon receipt and review of your workers compensation file, a workers compensation expert should be able to give you a good idea of your rights and how much you can expect to receive.
It’s illegal for an employer to dismiss an employee on the basis that they have made a workers compensation claim or within 12 months from the date of the injury. However, outside the protections contained in the Act it’s possible you may be dismissed if you are no longer able to undertake the inherent requirements of your role.
The Act states that an individual is able to make a claim for:
- Medical and hospital expenses
- Loss of income
- travelling expenses
- permanent impairment
- rehabilitation expenses
When we talk about a common law claim for damages, we talk about taking legal action for damages against your employer for negligently causing your injuries.
Unlike the statutory compensation scheme which is a ‘no fault scheme’, to be successful in a claim for common law damages you must be able to prove that your employers actions or lack thereof (negligence) caused you to suffer an injury which has caused your ongoing loss and harm.
When taking an action at common law you ae entitled to claim the following heads of damage:-
- General Damages (Pain and Suffering)
- pain and suffering
- past wages or economic loss including interest and loss of superannuation contributions
- future wages or economic loss including future loss of superannuation contributions
- past and future medical, hospital, pharmaceutical, rehabilitation, domestic assistance and care expenses.
Strict time limits apply so it is important you contact a common law claims expert as soon as you suffer an injury to ensure your rights are protected.
Getting the right advice for your situation is important as not every Workers Compensation case is the same. There are strict time limits which apply as well, and waiting too long may mean you lose your right to make a claim.
Waiting until after any WorkCover assessment is not necessarily in your best interests either, as a lawyer can work to position your case effectively to give you the best chance of maximising your entitlements.
It’s best to seek legal help as soon as possible following a work injury.