Workplace Injury Lawyers and Compensation

Sunshine Coast Injury Lawyers represents clients in workers' compensation injury claims. We are experienced dealing with workcover and insurance companies to protect our clients' rights.

What is Workcover and Workers’ Compensation?

Workers’ Compensation is insurance that, by law, your employer is required to carry in the case an employee is injured at work, becomes ill due to circumstances surrounding their work or if death results from their work. Benefits can include medical expenses, lost wages and death benefits. Workers’ compensation exists both as a way to benefit injured workers and as a way to protect employers. Workers’ compensation is a no-fault insurance system in the statutory claims stage. That means that you will receive compensation payment and that your medical expenses will be covered whether or not your employer is negligent. If your employer is negligent then you may have a common law claim which is dealt with below.

What injuries are covered by the Act?

Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim. As long as your injury is job-related, it is covered. You are covered if you are injured while travelling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities. Any injury or illness that occurs due to employment is considered a workers’ compensation injury. Under workers’ compensation law, you will receive compensation if you are injured, no matter who is at fault.

Some types of workers’ compensation injures are:

• Broken/fractured bones;
• Back problems/pain;
• Knee problems/injuries;
• Grip loss;
• Heart attacks;
• Hypertension;
• Wrist injuries including carpal tunnel syndrome;
• Burns;
• Shoulder pain;
• Neck pain;
• Headaches; and
• Scars from the neck up, even if surgical.

You may be entitled to benefits even if you are still working.

What should I do if I get injured on the job?

Seek emergency medical attention if needed. Immediately report your injury to your employer or any supervisor of the employer (foreman, superintendent, company nurse, etc.). You or your employer may also complete an Incident Report Form. If an injury occurs over time (for example, a back problem, breathing problem or carpal tunnel syndrome), you must report your condition and lodge an application for compensation form as soon as you discover that it is caused by your work.

Your employer should provide you with the application for compensation form. You must describe your injury and how, when and where it occurred. You will also need to get a medical certificate from your doctor.

Make sure you save copies of all correspondence with your employer, workcover or your employer’s insurance carrier and your doctor concerning your workers’ compensation claim.

What workers’ compensation benefits am I entitled to?

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). If the injury causes the death of an injured worker, burial expenses are partially covered and the dependents of the deceased worker are entitled to certain benefits.

If you become temporarily unable to work, you will generally receive eighty-five (85%) percent of your average wage up to a fixed ceiling. You will be eligible for these wage-loss benefits as soon as you have lost seven days of work because of an injury or illness that is covered by workers’ compensation as set by state law.

If you become permanently unable to do the work you were doing prior to the injury, or unable to do any work at all, you may be offered lump sum compensation. It is absolutely essential that you seek legal advice on any offer because if you accept the offer you may be unable to pursue a further claim for common law or other damages.

Common Law Claim

If you can prove that your employer was negligent and that negligence caused your injuries, you may be entitled to pursue common law damages (including compensation for past and future loss of wages and economic loss) which are unlimited and generally greater than any statutory benefit that workcover would pay you.

Examples of occasions where an employer may be liable are:-

• Where there is insufficient plant and equipment
• Plant and equipment is unsafe
• The floors or stairs in the workplace are slippery
• The workplace is unsafe for any other reason
• You have not been properly trained or supervised
• You have not been trained in safe lifting techniques
• You are injured by a co-worker’s negligence
• You are required to lift too much
• You are placed under too much stress
• There are no risk assessments or other work safety systems and policies

If you have a common law claim you need to:-

• Go through the Statutory Claim process covered above
• Ask WorkCover to issue a Notice of Assessment for your injuries

Time Limits

To be eligible for benefits, in Queensland, you must lodge an Application for compensation within six (6) months from the date of your injury. Benefits only start from the date the Application is lodged. If you have received medical benefits, the statutory time limit is usually three (3) years from the date of your injury or illness to file a claim. Your employer is then required to make a report of the injury and notify its insurance company and/or workcover.

A Notice of Claim for Damages to commence a common law claim must be lodged no later than three (3) years post injury

Do I need a lawyer ?

Yes, you have the right to be represented by lawyer or solicitor for your work-related injury. A lawyer will assist you in seeing that your benefits are properly protected. Workers’ compensation laws are constantly changing, we will be in a better position to advise you in order to protect your rights.

Please note again that it is absolutely essential that you seek legal advice on any offer because if you accept the offer you may be unable to pursue a further claim for common law or other damages.

Workplace Health and Safety on Construction sites

While almost any type of workplace can offer unexpected accident risk, Construction sites may seem to be more hazardous than an office building or store. Accidents at construction sites can often result in serious injuries or death.

It is always the responsibility of the employer to take action to keep that risk as low as possible. At the construction site, accidents and dangers can be prevented by implementing rigid and enforceable safety practices including risk management systems. Workers should be properly trained in the operation of machinery, and the site properly managed according to legal standards.

Sunshine Coast Injury Lawyers has successfully handled many of these cases, including accidents from defective or collapsing scaffolds and falls off of or through roofing structures. Other cases include electrocutions, ladder injuries, defective machinery (cranes, hoists, conveyors, tractors, forklifts, etc.), malfunctioning tools and injuries or death from the collapse of walls or floors.