WorkCover Lawyers Brisbane

What is a WorkCover Claim?

WorkCover in Queensland, every business with employees is required to have workers’ compensation insurance, also known as WorkCover insurance. This insurance supports workers who are injured at work or while performing their duties. It’s important to note that a WorkCover claim is filed with the employer’s insurance company. This means that employers are not held personally responsible for these claims.

Claims Process

• Visit a doctor and obtain a workers’ compensation medical certificate.
• Tell your employer about the work injury and give them a copy of the medical certificate.
• Lodge your claim with WorkCover Queensland.
• Keep copies of all documents related to the injury and claim.

No matter where you are in your claims process, we’re here to advise, support, and represent you. 

Types of Claims

1. Statutory (No-fault) Claims: These claims do not involve anyone being at fault. Your compensation may include weekly payments for income replacement, lump sum compensation for permanent impairment, and cover for hospital and medical expenses.

2. Common Law Claims: The biggest difference is that these claims involve you suing your employer for negligence. Common law claims can only move forward after a statutory claim has been submitted and accepted. Your compensation may cover financial loss (e.g., lost wages), pain and suffering, legal costs, and medical expenses.

We found some interesting statistics in the recently published Queensland workers’ compensation scheme statistics 2022–23. Common law claims have increased by 7%, while statutory claims have decreased by 1.8% over the last year. Moreover, common law claims made up almost 30% of all workers’ compensation claims. 

The report also notes that the average damages cost for common law claims from 2022 to 2023 was $188,794.00, 7.2% higher than the previous year. These figures could indicate that workers are filing compensation claims more frequently; however, it is likely that more claims have been submitted and won by lawyers on their behalf.

Types of WorkCover Insurance in Brisbane

Accident Insurance

It’s a legal requirement to insure your workers for work-related injuries or illnesses in Brisbane, unless you’re a self-insurer. Basically, accident insurance covers all damages and statutory claim costs if your workers are injured on the job.

Household Worker Insurance

Employing household workers for domestic services like nannies, gardeners, or cleaners? WorkCover’s Household Worker Insurance is very important to have because it covers your worker(s) if they are injured while working in or around your private dwelling.

Workplace Personal Injury Insurance

Directors, partners, sole traders, and trustees are not covered by a company’s Accident Insurance Policy. This is not compulsory insurance, but having a separate insurance policy is always a good idea as it ensures personal injuries are covered.

Self-Insurance

There are strict regulations and criteria to meet to be eligible for self-insurance. However, many employers do opt for self-insurance in Brisbane, because it allows them to manage and cover their compensation claims and costs independently.  

Volunteer Insurance

This insurance is not mandatory, but WorkCover Queensland does offer insurance for volunteers in not-for-profit organisations. This insurance would cover positions like councillors, board members, or delegates, though limitations apply. For more information, contact WorkCover at 1300 362 128.

In Brisbane, understanding the nuances of WorkCover is essential for making sure that you and your workers have comprehensive coverage.

Appeals

If you’re unhappy with a claim decision, you can appeal through the Workers’ Compensation Regulator. You will need to request a review within 20 business days of receiving the claim decision. If you’ve found yourself in this situation, our team at WT Compensation Lawyers can guide you through the appeal and review process. We’ll make sure your request and next steps are completed correctly and submitted on time.

Returning to Work

Getting back to work, even with easier duties, is encouraged as it can help reduce financial and emotional stress, and can play a crucial role in rehabilitating your injury. Queensland’s workers’ compensation report notes that more than 90% of employees returned to work between 2022 and 2023. The report also notes that 82% of compensated workers returned to the same job with the same employer. 

Why is Workers’ Compensation Important?

Workplace injuries can have a profound impact on your life and the lives of your loved ones. Workers’ compensation, or WorkCover, is designed to provide financial aid and cover medical expenses. This compensation ensures that you can move forward from your incident with confidence. If you find yourself in a situation like this, having a dedicated legal team like WT Compensation Lawyers, based in Brisbane, becomes highly valuable for getting through the complex world of WorkCover claims.

How Does the Process Unfold?

First, we’ll start with an initial consultation, where WT Compensation Lawyers will clearly explain your rights and what compensation you are entitled to. Then, we’ll assess the best course of action for your WorkCover claim. Seeking advice early in the process is key because the laws, regulations, and submissions can be quite complicated. The process involves a strategic approach, including a liability assessment, responding to information requests from WorkCover, medical evaluations, and negotiations.

We recognise that this process can be overwhelming, which is why we encourage our clients to focus on their recovery while we take care of the legal intricacies.

Calculating Your Compensation

Determining the compensation you may be entitled to is a complicated process. We’ll take the following into account: the extent of your injuries, your age, your employment details, any impact on wages (current and future), your required treatments, and any need for care (current and future), amongst other factors. It’s also important to note you must submit your claim within the allowed timeframes and strict deadlines. If you don’t, late submission may affect the amount of compensation you’ll be awarded. So, submit your claim as quickly as possible, or have our experienced personal injury lawyers do it for you.

Our Process

At WT Compensation Lawyers, we have streamlined our process to ensure you receive the support you deserve:

1. Get in touch: Share your story, and let us listen and understand your situation.

2. Free consultation: We ensure you are informed about your rights, potential compensation, and submission deadlines.

3. Representation: Our team manages all aspects of the legal process. This lets you focus on your rehabilitation and getting back to your routine.

4. Negotiation: We strategically negotiate with insurers to get the best possible outcome for you.

If you’ve suffered an injury at work, seize the opportunity to consult with WT Compensation Lawyers today. Our dedicated team is ready to have a free consultation with you, and we’re here to assist you in getting the WorkCover compensation you rightfully deserve.

Missed Injuries at Work

Many people don’t know that each injury you suffer needs a separate claim – and each injury must be supported by medical evidence. This is where missed injuries often come into play.

Imagine this scenario: You’ve had your claim accepted for a lower back injury, and you’re getting compensated for time off work. The catch? You might not realise you need to file separate claims for your shoulder injury and depression so that they are acknowledged as work-related injuries too. If your back injury is resolved, but you’re still battling depression and unable to return to work, your time-off benefits might stop because the other injuries were not reported or claimed.

A missed injury may not only put your immediate benefits at risk, but it can also complicate a potential common law claim down the road. This is why it’s essential to address every injury right from the start.

Workplace Bullying Claims

Experiencing workplace bullying is a distinctive circumstance that requires prompt legal guidance. It is advisable to consult with legal counsel prior to reporting the bullying to your employer, as this can assist you in navigating the appropriate procedures and provide assurance that you have support. However, merely establishing that you have suffered a psychological injury due to workplace bullying may not suffice. It is crucial to also be aware of potential defenses your employer might present. Maintaining a confidential diary can prove invaluable in documenting evidence of the bullying incidents. Additionally, in cases where work stress leave is relevant, understanding and addressing this aspect is pivotal.

Our WorkCover Lawyers in Brisbane

Dealing with workplace injuries involves complex interactions with employers and WorkCover insurers, who often have a deeper understanding of the system than the injured worker. In some cases, the insurer acts as both your opponent and decision-maker. In these instances, it would not be wise to rely on their advice only – a second opinion can help you make sure you’re being treated fairly. This emphasises the importance of seeking legal advice early on from lawyers who will act in your best interests. 

For a confidential, no-obligation initial consultation about your workplace injury claim, contact WT Compensation Lawyers. We’re here to listen, guide, and ensure your rights are protected.

FAQs

Partnering with Compassionate Lawyers

Our commitment to compassionate support and unwavering advocacy sets us apart. When you choose WT Compensation Lawyers Brisbane, you’re choosing a partner dedicated to ensuring you receive the WorkCover compensation you rightfully deserve.

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