Workplace Injury Claims

When bringing a claim for a work related injury it is important to note that you are not suing the employer directly, but rather suing the employer's insurance company which is in most cases, WorkCover Queensland. It is your right as an injured worker to bring a claim for any injury sustained during the course of your employment.

As the Queensland Workers' Compensation system is highly regulated it is recommended that legal advice is sought at an early stage in order to ensure your rights are protected.

If injured during the course of employment, WorkCover will cover you for your loss of income, for the time taken off from work as a result of an injury.

Dipak Patel, our principal lawyer, has assisted many workers to achieve significant compensation settlements for various injuries.

Depending on your injury and your circumstances, you may be able to claim:

• Weekly payments while you can't work, or can only work reduced hours.
• Medical, hospital and rehabilitation expenses.
• A lump sum if you're left with a permanent impairment.
• Common law damages, including pain and suffering and past and future lost earnings, where your employer or someone else was negligent.

Once your injury has stabilised, WorkCover assesses your permanent impairment and may offer you a lump sum.

If your impairment is assessed at less than 20%, accepting the lump sum ends your right to claim common law damages, and that choice can't be undone. If it is 20% or more, you can accept the lump sum and still claim damages.

Don't sign a lump-sum offer before getting legal advice.

You are entitled to make a workplace injury claim regardless of whether you are paid in cash or by other means. Your right to compensation is protected under Queensland law irrespective of your employment arrangement.

We run workplace injury claims on a No Win, No Fee* basis, so you won't pay our legal fees unless your claim is successful. While your claim is running, we pay for medical reports and other claim expenses. These, along with our professional fees, are recovered from the insurance company when the claim is successfully finalised.

At your free first consultation we'll explain our fees, how they are calculated and what is covered, and we'll set this out in a written costs agreement before we start.

*Conditions apply.