A work injury may give rise to a:
Statutory Claim; and/or
Common Law Claim.
All workers’ compensation claims in Queensland start off as a statutory claim, either through WorkCover Queensland or the employer’s self-insurer.
Assessments are made of your injury and lump sum statutory compensation is calculated pursuant to a scale and amount stated in the Workers’ Compensation and Rehabilitation Act and the Workers’ Compensation and Rehabilitation Regulations. It is vitally important you contact us about your claim, the amount of any compensation and whether you will also have a Common Law Claim. Accepting a Notice of Assessment from WorkCover (or failing to request one) can have significant impacts on your legal rights and entitlements. In addition to your statutory workers’ compensation claim (which is a short-term and no-fault scheme), you may also have a Common Law Claim to sue your employer for negligence, to compensate you for:
Pain and suffering;
Past and future medical expenses;
Past and future loss of wages (including superannuation);
Past and future care and assistance; and
Special equipment and home modifications.
Time Limits Strict time limits apply to making a claim and if you miss the time limits you may lose your right to claim forever.
Contact us now so we can give you the representation and advice needed to maximise and progress your claim.