Work Accidents
In Queensland, if you suffer an injury in connection with your employment you may be able to make a workers’ compensation claim.
Workers’ compensation claims are categories into two types of claim:
Statutory Claims - these are the claims based on a no-fault scheme through WorkCover Queensland. They provide, among other aspects, supplementary wages and coverage for payments related to approved medical and allied health treatment; and
Common Law Claims - these claims are fault based, meaning that the accident and your resulting injuries were caused by the negligent action of your employer. Common law claims for compensation occur at the completion of the statutory claim process, so obtaining legal advice as early as possible within the statutory claim process is important.
In addition to claims in and around the workplace, workers’ compensation covers injuries sustained when travelling between your home and your workplace or travelling for the specific purpose of your employment.
WorkCover Queensland is the primary statutory governing body that oversees and manages workplace accidents, and requires that all employer organisations ensure they have workers compensation insurance.
It is important to note that in some cases your employer might be a registered self-insurer, in which case you will submit a claim through your employer directly. If you are unsure, you can either ask your employer, contact WorkCover Queensland before submitting your claim, or contact us for more information.
After you have lodged a claim with WorkCover Queensland or the registered self-insurer, it is advisable to seek legal advice regarding the remainder of the statutory claims. In addition to providing you with advice as to your statutory claim process, your lawyer will discuss the circumstances of your accident to establish whether there are sufficient legal grounds to establish fault.
If you’ve suffered a work accident, there are a number of steps that we suggest:
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Advise your employer immediately of your injury, and ensure that your employer prepares an incident report. Take the time to read the incident report carefully before signing it, as this document can be used as evidence if you decide to make a workers’ compensation statutory or common law claim.
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It’s important to make an appointment to seek medical advice from your general practitioner as soon as possible after the incident occurs, as this ensures your injuries are noted and appropriate treatment commences.
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Discussing your prospective statutory workers’ compensation claim with your lawyer before lodging the document ensures that your application is given the best prospects of acceptance by WorkCover Queensland. Your lawyer will also be able to make a preliminary assessment of any potential common law claim arising out of the same incident.
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Sometimes your employer will lodge a claim on your behalf, and other times you’ll do this directly yourself. In either aspect, it’s critical to ensure your application is lodged within 6 months of the date of your incident.