Accident at Work Claims for Injured Workers – Your Essential Guide

Here at WT Compensation Lawyers, we’re ready to help make your claims process as easy and as fast as possible. Let’s get into our guide to accident at work claims for injured parties, so you know exactly what you can claim for and how the process might go.

What Can You Claim for? 

If you get injured on the job, your work accident claim can cover things like: 

• Lost wages 
• Medical treatment 
• Medication 
• Rehabilitation 
• Pain and suffering 
• Loss of past and future earnings 
• Travel expenses related to treatment 
• Paid care or help (nursing or maintenance work) 
• Home and vehicle modifications to accommodate your personal injury 

Common Types of Workers Compensation Claims 

According to recently released data by the Australian Bureau of Statistics, the most common types of work injuries leading to accident at work claims for injured workers are sprains, strain, dislocations, and chronic joint or muscle conditions. We’ve summarised the common types of workers compensation claims in the table below.   

Injury	2017–2018 (%)	2021–2022 (%)
Dislocations, sprains, or strains	27.3	26.1
Chronic joint or chronic muscle conditions	15.8	19.6
Cuts or open wounds	15.6	12.1
Fractures or broken bones	8.3	8.2
Stress or other mental health conditions	5.6	6.8
Crushing injuries, internal organ damage or bruising	7.8	5.4
Burns (including friction burns)	3.8	3.6
Other injuries	15.7	17.0

Source: Australian Bureau of Statistics, Work-related injuries FY2021–22

Accident at Work Claims for Injured Workers: A Step-by-Step Guide

1. Seek Medical Attention 

The first step after a work accident should be to prioritise your safety on the scene. Then get medical care as soon as possible. It’s a good idea to take photos of your injuries, or ask a coworker to help you take photos while waiting for medical care. These will be useful in verifying your claim at a later stage. 

2. Report the Accident 

The responsibility of reporting an injury at work falls on both you and your employer. You must file a workplace accident report at work as soon as possible. Your employer is legally required to report the incident to WorkCover Queensland or their own private insurer within 8 days. 

If your employer does not report the accident to WorkCover, it’s a clear violation of your employee rights, even if you choose not to submit a claim. If you’ve submitted a claim, but your employer hasn’t reported the incident, get in touch, and we’ll guide you through the process. 

3. Gather and Document Evidence 

You should continue to take photos of your injuries, during and after treatment. You’ll also need to keep a record of medical expenses, including medication and travel to and from doctor’s appointments. 

Your doctor will give you a copy of your work capacity certificate – remember to keep this safe. This certificate includes information about your work-related injury or illness and treatment plan. It will also assist WorkCover in processing and resolving your workers’ compensation claim. You should also have a copy of the accident report you filed with your employer, and any evidence of lost wages due to your injuries at work. 

Reach out to colleagues and ask for witness statements to back up your injury story. These personal accounts are valuable evidence and make a difference towards getting your WorkCover QLD claim accepted. 

4. File Your Claim 

Once you’ve gathered all your evidence, you can submit your claim online or reach out to your employer’s private accident insurance. For a smoother process and to ensure you receive the compensation you deserve, consider partnering with our workers’ compensation lawyers. Our experienced Brisbane lawyers can guide you through the legalities efficiently. If your case is complex, don’t hesitate to contact us for tailored advice and support.

If you’re hospitalised and can’t file an accident at work claim for injured workers, your doctor will submit your work capacity certificate to WorkCover on your behalf. You’ll receive an SMS asking if you want to make a claim, but nothing will move forward without your permission.

What Benefits Can You Receive? 

If WorkCover or a private insurer accepts your claim, you may receive benefits including: 

• Weekly wage payments to cover wage losses 
• A lump sum payment to cover permanent impairment 
• Compensation for injury- and treatment-related medical and travel costs (within reason)

You could also be entitled to common law damages if someone else’s negligence caused your injury during work. 

How is Your Compensation Calculated? 

The final amount paid out for any work accident claims is based on a variety of factors, as stated by Queensland’s Civil Liability Act 2003. These include: 

• The severity of your injuries 
• Your medical treatment 
• Future care or treatment needed 
• The impact of the accident on your wages (past and future) 
• Pain and suffering as a result of the injury (only for common law claims)
• How old you are 
• Your type of employment 

The type of injury you’ve sustained may make your case more complex. In these situations, we’re ready to help you on your claims journey. We’ll be able to assess your evidence, advise you on what you can expect, and guide you through the entire claims process. 

Try our Work Injury Damages Claim Compensation Calculator for an estimated range of possible compensation based on your details. Note that this amount is only an approximate value – our friendly team will be able to provide you with an accurate assessment. 

How Long Do You Have to Make Work Accident Claims? 

For Queensland WorkCover insurance, you have 6 months from the date of your work-related injury to file your claim. If you’ve missed the 6-month mark, no worries! Our lawyers specialising with WorkCover claims understand that life happens and can help you appeal for a late application. 

What Happens After Filing a Claim? 

So you’ve filed a workplace accident claim. We know it can be nerve-racking as you wait to see if your accident at work claim for injured workers is accepted. But here’s what you can expect. 

Assessment Process

WorkCover Queensland will go through your evidence and review your claim. Based on the evidence, they’ll decide to either accept or reject your claim. 

If Your Claim is Accepted

When WorkCover accepts your accidents at work claim, you’ll receive one of two types of payment: a lump sum or weekly payments. A lump sum payment will cover medical costs, and weekly payments will be based on your past year’s earnings. 

Depending on the circumstances, weekly payments will end when: 

• You return to work 
• Your injuries have reached a certain level of improvement 
• The maximum value of your payout has been reached 
• You retire from work 

If Your Claim Is Rejected

If your work accident claim is rejected, WorkCover will provide you with the details on why it wasn’t accepted. This can be a stressful time, but you do still have options at this point. You have the right to appeal and have their decision reviewed if you disagree with their reasons. 

Your appeal needs to be placed within 3 months. We recommend getting the help of experienced workplace accident lawyers to strengthen your case! 

How Long Does WorkCover Take to Make a Decision? 

WorkCover Insurance will review and make a decision about your claim within 20 business days. If you’ve submitted all the relevant documentation and your case is straightforward, you should get a result via email or SMS within those 20 days. 

However, in complex cases, it can take more than a month for a decision to be finalised. WorkCover will let you know if your case is taking longer than usual and why there’s a delay. 

When to Seek Legal Help 

You can settle accidents at work claims by yourself, but you run the risk of not getting as much as you’re entitled to. With knowledgeable, compassionate lawyers on your side, your employer’s accident and injury insurance company won’t be able to use legal manoeuvres to reduce the compensation you get. We also recommend getting good lawyers on your side if you: 

• Are appealing a rejected claim 
• Had complex injuries 
• Are living with long-term effects and impairments 
• Were injured as a result of negligence or someone else’s actions 
• Have psychological or emotional trauma as injury result
• Want to pursue common law damages 

What’s the Difference Between Statutory Claims and Common Law Claims?

The main difference between statutory and common law claims is fault. Statutory (no-fault) claims cover all injuries, regardless of fault, whereas common law claims are only valid if the accident was someone else’s fault. Another significant difference is that you can only claim compensation for pain and suffering through common law claims. 

So, when claiming for workplace-related injuries through WorkCover, you may be entitled to compensation no matter who was at fault. This means that whether your injury occurred because of your employer’s negligence, a colleague’s negligence, or even your own negligence, you’re entitled to file an accident at work claim for injured workers. 

On the other hand, you can only file a common law claim if your injury was specifically caused by a coworker’s actions or by your employer’s negligence. In other words, filing a common law claim is the same as suing your employer for damages. 

Your common law claim will go through a similar decision-making process to the accident at work claims for injured workers. You’ll be able to file your common law claim after your statutory claim (with WorkCover or private insurance) has been lodged and accepted. 

It’s worth noting that you can file a common law claim even if you’ve received compensation (statutory benefits) from WorkCover. You can also file a common law claim if you haven’t filed for statutory compensation. Your case will be investigated and reviewed, but you will not receive the weekly payments or lump sum offer provided with an accepted statutory claim. 

How Much Will It Cost You to Make a Claim? 

You won’t have to pay a fee to lodge an accident at work claim for injured workers. If you choose to enlist our help to get your payout, the initial consultation is FREE. Should you continue working with us, we operate on a “No Win, No Fee” policy, so you have nothing to lose! 

Get in Touch and Let Us Help You WIN! 

Our team at WT Compensation Lawyers is here to help with accident at work claims for injured employees. We know the process can be daunting, especially if you’re dealing with physical and emotional trauma as a result of your injury.

We’re here to make your life easier! Start with our obligation-free case review and get in touch so we can help you walk this road and get your desired outcome at the end of it.

Contact Us

When it’s time to talk, we’re not just lawyers – we’re compassionate listeners. Join us for your free consultation, and let’s take the first step together towards securing the compensation you rightfully deserve.

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