Workers Compensation Lawyers
If you are looking for a reliable, Queensland based Workplace Accident Lawyer because you have suffered an injury while working, or if your Physical and Mental Health have been affected by circumstances in the workplace such as bullying or exposure to dangerous substances, we may be able to help you.
Workplace Injury Lawyers Brisbane
Workers’ compensation claims relate to a variety of workplace injuries that can occur at work or on your way to and from work.
The G.O.A.T Legal Team of Accident Lawyers are Committed to Greatness and ensuring that your outcome is the best possible which can be reached for your situation.
G.O.A.T Legal are Queensland’s Premier Workers Compensation Lawyers who will assess your eligibility and explain the steps to making a claim for workers’ compensation for FREE, as well as how to receive your other legally entitled benefits to Medical and Physical Rehabilitation through WorkCover.
We pride ourselves on our Revolutionary, Simple and Innovative approach to providing Legal Services for injured Workers – we call it the G.O.A.T Legal Client Experience.
We will guide you through the entire WorkCover and Workers Compensation process, from start to finish, completing everything on your behalf and scheduling your Medical appointments.
To start off, let’s give you answers to some of the most Frequently Asked Questions about Workplace Injury Compensation.
Workers Compensation FAQ's
If you have been involved in an accident at your workplace accident or during your travels to your workplace which has resulted in an injury which impairs your ability to function, then you may be able to make a Workers Compensation claim with WorkCover Queensland.
There are many ways of lodging your claim with WorkCover; such as on the phone, online, with your GP or with your employer.
You are entitled to coverage of your reasonable medical, pharmaceutical, personal, occupational and rehabilitation expenses through WorkCover.
Your WorkCover claim is treated as a No Fault Claim - this means you do not need to prove who caused the injury, just that it occurred during the course of your employment. The WorkCover system is a basic safety net for workers across Queensland.
You may also be eligible to make additional claims for compensation outside of WorkCover, especially if your employer's actions were negligent and breached their duty of care owed to you.
With WorkCover and other Disability Insurances you are generally able to claim compensation for things like:
- Medical and hospital expenses
- Rehabilitation expenses
- Loss of wages
- Travelling expenses
- Permanent Impairment compensation
- Death compensation claims
If there is negligence involved in your accident, then you may be able to make a common law claim where you can claim for:
- pain and suffering,
- loss of quality of life
- immediate medical expenses
- future medical expenses
- loss of historical and and future earnings.
The amounts of compensation that you may receive depends on your specific circumstances, which types of claim you pursue, and how persuasively you present your evidence to the insurer.
For a reference point however, according to Worksafe Queensland statistics, the average common law Workers Compensation claim payout in 2020 to 2021 was $172,472.
As long as there is a connection with the workplace, most kinds of physical and mental injuries are covered by Queensland Workers Compensation laws.
Some types of physical and psychological injuries that Queenslander's have been able to claim workers compensation for in the past include:
- Injuries to their Limbs, Head, Neck, Spine, Back, Fingers and Eyes;
- Hearing, Sight or other Loss of Senses;
- Amputations;
- Repetitive Strain Disorder (RSI);
- Chemical Exposure;
- Brain Injuries;
- Asbestosis;
- Mesothelioma;
- Silicosis;
- Depression;
- Post Traumatic Stress Disorder (PTSD); and
- Anxiety
Each day people are coming to realise that serious psychological conditions can be developed from stressful and traumatic Workplace environments, such as where there is Workplace Bullying or Harassment.
Covid-19 and its associated Work From Home Isolation requirements have brought upon a whole other wave of psychiatric illness brought on by employment conditions. Depending on your work situation, some of these illnesses are covered by Workers Compensation.
A "Common Law" Claim is separate to a WorkCover Claim, and can help restore you to the financial position you would have been in had the accident and injury not occurred in the first place.
A Common Law claim will generally provide you with a larger payout than WorkCover, as your future earnings and not exisiting expenses are considered.
A Common Law claim for workplace injuries will typically follow the Stabilisation of your Injury and successful WorkCover Compensation Claim. It also requires you to establish negligence in the actions (or inaction) of your employer.
To be able to bring a common law claim for damages your WorkCover claim needs to be accepted, then you need to be able to prove negligence or legal fault to recover any further damages or compensation.
You will need evidence of your injury and the circumstances surrounding it in order to prove your Workers Compensation claim.
To assist in proving your claim, amongst other things you should:
- Write or type out all of the events and things that happened before, during and after the accident;
- Get any witnesses details
- Take photos and videos of the scene, any object or fault which injured you, and the injury itself
- Keep any evidence relating to your injury
- Keep a log of missed work and other issues caused by your injures
- Record all Medical Visits and Prescriptions, as well as invoices for these and other related expenses
Keeping both the paper and a digital copy of your evidence is a good practice to follow.
If WorkCover rejects your claim and you are not sure what to do, you should contact a lawyer that specialises in Workers Compensation Claims as they should know, from experience, what to do and how to appeal.
Speed is of the essence from when you receive notice of your claim being rejected; you generally have 3 months to lodge and appeal with the Workers Compensation Regulator.
The G.O.A.T Legal team can help you understand the reasoning behind your WorkCover Compensation Claim Rejection and how you can appeal it successfully.
Fill in the Details Form on this page for a Free Legal Consultation with one of our Workplace Injury Lawyers.
We will assess your claim and make a decision on whether we think your appeal would have a reasonable prospect of success.
If a successful appeal is probable, then you can decide to retain us as your lawyers and we can begin compiling the necessary paperwork for your appeal.
The vast majority of Workers Compensation Claims are settled outside of Court. If an agreement in relation to Compensation cannot be reached, then the matter may proceed to Court.
If your Superannuation Policy covers you for Income Protection and your situation fits within the scope of the contract, you should be able to claim this benefit.
It is also possible to request a lump sum payment from your Superannuation in certain situations.
If you are unsure about whether your Superannuation Policy entitles you to Benefits, fill out your details in the form on this page and one of the friendly lawyers from G.O.A.T Legal will be in touch to assist.
Yes. We are pleased to run our Workplace Injury claims on a No Win, No Fee basis.
This means that if your claim is not successful in obtaining compensation, then you will not pay a cent to us.
We will only take our payment from any Compensation amount you receive, so you never have to pay us out of your own pocket.
G.O.A.T Legal will even pay for your out of pocket disbursements (specialist costs, barrister fees etc) until the date of your settlement, so you are never out of pocket.
It is possible to submit your own WorkCover Compensation and Common Law Injury Claim without the assistance of a lawyer, but there are many benefits that come along with using an experienced Workplace Compensation Lawyer.
A Workplace Injury Lawyer will know the ins and outs of Workers Compensation Law, and will ensure that all the correct forms are filled and submitted within the regulated time limits.
A Lawyer will use their negotiating skills to secure you a larger claim with the Insurer and should give you the peace of mind that all of the necessary aspects to your claim are being presented in an accurate and convincing way.
WorkCover Queensland and self-insurers are only obliged to provide compensation benefits to an injured employee until their work injury is stable and stationary.
At this point, your WorkCover Insurance Claim manager will begin to close the file. This point is CRUCIAL - you will be notified when it starts.
You could lose your right to claim other forms of compensation through different avenues of law if you agree to certain terms at the end of your WorkCover Compensation benefits (i.e. when you are "stable and stationary").
This is where having a lawyer who knows all of the ins and outs of Personal Injury law comes in handy. We can advise you on exactly how you should act to maximise your entitlements and protect your interests. Remember that we act for you and will work to understand your situation completely, so that you can take the best course of action.
Contact the G.O.A.T Legal team for a free Consultation if your WorkCover benefits are about to end and have questions about protecting your legal interests.
If you work for a large company like Qantas, Woolworths, Queensland Rail, Coles or various City Councils, then you probably work for a self-insured employer.
There is not much difference when it comes to claiming Compensation between being insured through WorkCover Queensland or a self-insured Employer as the same law and claims process applies to both situations. The only difference is that if you work for a self-insured employer, you must lodge your claim directly with your employer and not with WorkCover Queensland.
If your employer is self-insured for Workers Compensation Claims, then they will handle your Workers Compensation Claim, not WorkCover.
Generally only large employers with thousands of staff will be self-insured.
If your employer tries to stop you fro making a claim to WorkCover, then you should seek the assistance of a lawyer immediately as your rights may become infringed by this behaviour.
If your employer is not self-insured, then you do not need to let them know about your lodgement of a WorkCover claim.
Yes, time limits apply and vary for most Workplace injury claims and appeals in Queensland.
A WorkCover Claim should be initiated as close to the injury happening as possible, to assist with your full recovery.
It can be submitted no later than 6 months from the injury generally.
Common Law Claims can usually be made within 3 years of the injury date.
It is extremely important to know that time limits do vary depending on your situation - fill in the form on this page with your details so that one of our lawyers can assess and advise you on any applicable time limits for your situation.
Common Workers Compensation Claims Include
PHYSICAL INJURIES
JOURNEY CLAIMS
AN INJURY THAT DEVELOPS OVER TIME
PSYCHOLOGICAL INJURIES
AGGRAVATION OF A PRE-EXISTING CONDITION OR INJURY
WHAT AFFECTS MY CLAIM?
Our Workers Compensation Lawyers know that every claim is unique and the compensation which can be claimed will vary case-by-case. For the most part, your outcome will depend on factors such as:
- Your age
- The severity of your injuries
- Your current and future economic loss
- Your employment history
- The extent of your past and ongoing medical needs
- Whether you will require care, either now or in the future
- If you do, the degree of care you will need
- Proving your injuries occurred due to the negligence of an employer or employee
There are different types of “damages” or forms of compensation which are available for WorkCover Claims. These include out of pocket expense recovery, lost income replacement, loss of future earning capacity, paid and unpaid recuperative assistance, pain & suffering, loss of enjoyment of life and other losses relating to your circumstances.
WHAT YOU CAN DO
After first seeking urgent medical assistance for your injuries, contact one of our Workers Compensation Injury Lawyers to discuss your claim and to ensure that your entitlements are protected by filing all of the necessary paperwork within the statutory time limits.
Where possible, it will assist to begin collecting as much evidence as you can relating to your injury. This material will not only assist us with understanding your story better, but will also assist in strengthening your potential claim.
This evidence may include:
Taking photographs of your injury and where the injury occurred, including any notable surroundings (like warning signs, security cameras, etc.)
Keeping or saving any and all medical records relating to your injury and treatment. This may include appointment dates, referral letters, medical certificates and so on.
Recording any expenses or lost wages due to your injuries. Keeping receipts and a worklog will be beneficial for proving your past and economic loss!
Writing down what happened to you. We recommend including as much detail as possible and the contact details of any witnesses.
WorkCover Lawyers Queensland
If you are injured at work in Queensland then it is your right to make a workers compensation claim through WorkCover.
When you make a claim through WorkCover which is accepted, you may be offered a lump sum or mont
- Your age
- The severity of your injuries
- Your current and future economic loss
- Your employment history
- The extent of your past and ongoing medical needs
- Whether you will require care, either now or in the future
- If you do, the degree of care you will need
- Proving your injuries occurred due to the negligence of an employer or employee
SUPERANNUATION AND TPD INSURANCE
Another form of Compensation which may be available to people who have been injured at work is TPD Insurance through their Superannuation Fund.
Your Superannuation Insurance Policy will define the amount that you can claim and the conditions for how you can access your payout.
Payouts can be in the form of a monthly or lump sum payment.
The G.O.A.T Legal team will help you locate your Policy, understand your potential claim value, and proceed through to making a claim with all the recommended assessments and paperwork.
Get the G.O.A.T Workers Compensation Lawyers to help with your Workplace Injury
There are strict statutory time limits that apply in Queensland for workplace injury claims. Get in contact with us sooner, so you can recover sooner.
You can request for a call back and one of our friendly team members will take down the details of your injury and explain the process from start to finish.
Just leave your details with us and we’ll take it from there!