Worker Compensation Lawyers Brisbane
Accidents can occur at work at any time. Common examples of situations involving work accidents are:
- Accidents involving cranes
- Accidents involving demolition
- Slips and falls
- Accidents involving forklifts
- Accident when people are burnt or scalded at work
- Accidents involving confined spaces
- Lacerations arising from knives and blades in a workplace
- Accidents arising from poor lighting
- Heat stress accidents
- Accidents when people work at heights
- Welding accidents
- Industrial deafness through exposure to noise
- Car accidents where people travel to or from or during the course of work
- Skin conditions arising from exposure from the sun
- Lung diseases arising from airborne contamination
Many of these incidents are preventable and are often a result of poor risk assessment by an employer and the failure to correct dangers of which the employer was aware or ought to have been aware.
Your employer has a duty of care for you and if they fail to meet that duty of care then you may be entitled to make a common law claim in respect to any injuries arising from a workplace incident. Our Brisbane work injury lawyers are available to assist you in your claim 7 days a week.
If you are a ‘worker’ and have been injured in the workplace, you should be able to obtain benefits under the Worker Compensation Scheme to compensate you for your injuries.
The Worker Compensation Scheme allows for:
Weekly payment for time off work recovering from injury
Payment of medical expenses
Payment of a lump sum for any permanent impairment – this is determined after the passing of a reasonable amount of time.
In addition to the above, if you believe that workplace negligence can be established, you can claim against your employer’s insurer for damages. We are happy to provide you with expert legal advice on claiming damages for a workplace injury. Contact our workplace injury lawyers in Brisbane to discuss your case.
Worker Compensation and WorkCover
We encourage you to seek the advice of a personal injury lawyer before considering accepting any lump sum offer made by WorkCover claims following a workplace accident or injury. You may be entitled to make a Common Law Claim which will result in a larger award than the lump sum offered to you by WorkCover. Your acceptance of the lump sum may prevent you from making a Common Law Claim.
Both WorkCover claims and the pursuit of negligence (and damages) are complex actions. Strict time limits apply to the lodgement of these claims and the determination of damages.
How WorkCover Compensation Gets Calculated in QLD
- Your past and future loss of income
- Loss of superannuation benefits
- Past and future medical expenses
- Any rehabilitation or pharmaceutical expenses
- Any care and assistance that you require
- Pain and suffering as a result of the accident
What is The Medical Assessment Tribunal?
Before a common law claim can be commenced it is necessary for a claimant to attend the Medical Assessment Tribunal. Many claimants can feel daunted by the prospect of having to appear before the Tribunal however, it is usually a straight forward process.
WorkCover has set up various Medical Assessment Tribunals depending on the nature of the worker’s condition. The Tribunals usually consist of three doctors and they are held at 347 Ann Street on the corner of Ann and Wharf Street in Brisbane.
Before you go to the Medical Assessment Tribunal you will receive documentation from WorkCover being the referral. The time before the Tribunal usually takes between 45-60 minutes and will include a discussion with the doctors and a clinical examination in relation to your physical injuries. You may have legal representation at the Tribunal should you decide to be represented by a personal injury lawyer.
Following the Tribunal examination you will receive written notification of the decision which is usually final. You will be then asked to consider the offer made by the Tribunal and it is very important that you have legal advice prior to considering any offer made by WorkCover as a result of the Tribunal examination.
Injuries at work
The types of injuries covered by WorkCover are not just injuries that happen on the worksite.
You can claim compensation for injuries that happen not only at work but also when you are travelling to and from work, on a break or if you are visiting other places as part of your employment.
The types of injuries that WorkCover would compensate injured claimants for include (and are not limited to):
- Physical injuries
- Psychiatric or psychological disorders
- Aggravations of or pre-existing conditions
- Death from injury or disease
Feel free to contact us to receive a free, no obligation assessment and advice as to whether your injury is a type of injury covered by WorkCover. A very important factor is to consider whether employment is a major contributing factor to your condition. Our work injury lawyers are happy to discuss this aspect of a WorkCover claim with you in an obligation free consultation.
Many people are not sure of their obligations and rights in relation to rehabilitation following an accident.
WorkCover generally wish to assist workers to return to work and will in the case of injuries in which a worker cannot return to their pre-accident employment develop a suitable duties program to try to return them to the workforce. The rehabilitation may include on the job training, to acquire new job skills or special assistance for workers who have suffered injuries that may result in them never returning to their pre-accident employment.
We are often asked by employees about the rehabilitation provided by WorkCover and suitable duties programs. You may feel confident in asking our opinion about whether a return to work program is reasonable. We will generally refer you to your own doctor or one of our doctors to examine whether the duties are within your residual capacity following an accident.
Our Brisbane lawyers for accident injury can be contacted obligation free anytime about this type of issue. It is important to realise that it is up to your employer to take reasonable steps to assist you with rehabilitation as much as it is an employee’s obligation to accept reasonable offers of rehabilitation.
What can I expect from Sinnamon Lawyers?
State legislation prevents us from telling you more about ourselves on this page and we suggest you visit our Why Choose Us page where we are legally able to tell you what you can expect from our services.
If you still have questions about our qualified work accident lawyers and how they can help you claim the damages you deserve, please feel free to contact our principal Robert Sinnamon.
We're here to provide expert legal adviceTo find out if you are eligible for workers compensation, please contact us either by submitting an online enquiry or by calling us.
FAQs about workers compensation claims
Yes, following an employee’s work-related death, their family is entitled to compensation. This can be used to cover the following expenses:
- Funeral costs
- Pensions or lump sum payments for dependants (such as children and partners)
- Medical expenses provided to the deceased employee prior to their death.
In Australia, payments for work-related deaths are capped at varying amounts throughout different states and territories. This means that the family’s right to claim damages may be influenced by where the accident occurred.
If you have lost a member of your family through their employment, Sinnamon Lawyers can ensure you receive the full amount of compensation you are entitled to.
Workers compensation is almost always paid by the employer’s insurer. All employers are required to have worker’s compensation insurance.
Claims involving WorkCover or worker’s compensation can take anywhere from a few months to over a year to settle. To help you avoid any legal delays, we can guide you through the claims process.
The amount of compensation you are entitled to will depend on your circumstances. Sinnamon Lawyers can place an accurate monetary value on your claim by considering the following factors:
- The cost of medical care and rehabilitation
- Lost income, including past and future earnings and promotion opportunities
- Pain and suffering.
Claiming a suitable amount of compensation is crucial to building a strong case.
Time limits apply to all workplace accidents claims. If you have been injured on the job, taking legal action in a timely manner is essential. If a deadline is missed, your entitlement to claim may be lost. To protect your entitlement to claim, do not delay in taking legal action.
WorkCover is a type of compensation awarded to individuals who have been injured through the course of their employment. It can be used to compensate for lost income, medical costs, and pain and suffering.
A wide range of injuries fall under the jurisdiction of WorkCover, including:
- Physical injuries, such as falls, burns, broken bones and spinal injuries
- Psychological conditions, such as anxiety or stress
- Overexertion injuries, such as pulled muscles and slipped discs
- Illnesses caused by unsafe working conditions.
You can claim damages for any workplace accident caused by negligence. No matter what type of injury you have sustained, if your employer has failed in their duty of care to keep you safe, you deserve to be compensated.
Yes, WorkCover can help pay for rehabilitation costs. Apart from covering out-of-pocket expenses relating to your recovery, WorkCover may also approve the services of an occupational rehabilitation provider.
Going back to work after an injury can be challenging, especially if you can no longer work in your former capacity. An occupations rehabilitation officer can guide you through this process, ensuring your successful return to the workforce.
The length of time that your payments will last will depend on your specific case and the severity of your injuries. WorkCover Queensland may provide compensation for lost wages, medical and rehabilitation expense, death benefits, funeral expenses or return to work support. The amount of compensation and duration will vary on a case-by-case basis.
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