Work Accident Claims

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If you have been physically or psychologically injured at work, you may be eligible to lodge a statutory Workers’ Compensation claim. Queensland operates a no-fault compensation system whereby employees can make a claim with WorkCover regardless of whether they are full-time, part-time, permanent and casual employees.

There are strict time limits on workers compensation claims, so it is essential that you obtain legal advice as soon as possible after an accident. The claims process is time-sensitive and complex. It pays to engage an experienced law firm such as Rogalski Lawyers to manage your claim to ensure that claims are filed quickly, accurately and within the specified time frame.

If your injuries were caused as a direct result of employer negligence, you might be entitled to claim common law damages.

Time Limits

General time limits that apply for Queensland injuries:

  1. Statutory Claims – No-fault statutory claims must generally be lodged within six months of suffering a work related injury.
  2. Common-Law Claims – Injured employees must file a Notice of Claim for Damages with WorkCover Queensland, for all Common-Law claims, generally no later than three years from the date of injury.

Other time limits can also apply. This is why you need to seek expert advice at an early stage.

Each case is unique, and any compensation claim will be based on the nature of the accident and your personal circumstances. As a general guide, you may be eligible to claim for:

  • The severity of your injuries.
  • Your age and employment history.
  • Your salary, the amount of wages lost since the accident and anticipated loss of future wages.
  • Loss of superannuation.
  • Medical and rehabilitation costs.
  • The amount of ongoing care and assistance required in the future.

WorkCover claims are notoriously complicated, and mistakes in documentation can prove costly. Our lawyers are highly experienced in WorkCover claims and are specialists in personal injury law. We can navigate the complexities of the claims process on your behalf and alleviate your stress. If you have had a workplace accident and are considering making a claim, or have had a WorkCover claim rejected we can help. Call us today at Rogalski Lawyers for a free case assessment, and we will tell you whether you have a valid compensation claim. Alternatively, complete our online form, and one of our legal representatives will contact you within 24 hours.

FAQs

Do time limits apply to workers’ compensation claims?
Yes. In Queensland, a statutory workers’ compensation claim must be lodged within six months from the date of injury. In the case of Common-Law claims, a Notice of Claim for Damages must be lodged within three years from the date of injury.
Should I accept the lump sum compensation offer from WorkCover Queensland or another statutory workers’ compensation insurer?
You should consider obtaining professional legal advice before accepting any compensation offer. If you receive, and accept, a Notice of Assessment that states that your injury level of whole person impairment is less than 20%, you will be unable to pursue a Common-Law damages claim. This means that you could be forfeiting the chance of a substantially larger compensation claim than that offered in the Notice of Assessment. If the Notice of Assessment states that your injury level is 20% or more, you are then able to accept the offer AND still pursue a Common-Law claim for damages. It is strongly recommended that you seek professional legal advice before accepting any compensation offer.
My worker’s statutory workers compensation claim was rejected, what should I do now?
If your claim was rejected, you have the right to request a review of the insurer’s decision. You only have three months from the date you receive the decision to lodge a review request. Therefore, it is recommended that you obtain independent legal advice to ensure that your rights are protected and that you receive your maximum entitlements.
Can I lodge a statutory workers’ compensation claim myself?
Yes. However, the claims process is complex, and it is vital that you maintain meticulous record-keeping and that all relevant documentation is lodged together. Contact us to discuss your rights.
How do I know which insurer to lodge my claim with?
WorkCover Queensland is the primary insurer. However, a select few self-insurers also provide workers’ compensation cover. It is essential that you know who to lodge your claim with to ensure that you adhere to the tight time constraints associated with statutory and Common-Law claims.
I am a casual employee, am I still able to claim workers’ compensation for an injury sustained at work?
Yes. You are eligible to claim workers’ compensation if you are a full-time, part-time, permanent or casual worker.

Free Case Assessment

Call us today on 1300 848 424 to arrange your no-obligation free case assessment, or fill in our online form.