Workers Compensation Lawyers Bundaberg

Expert Bundaberg workers' compensation and WorkCover claim lawyers. We specialise in all Queensland workplace injury claims, including those resulting from accidents involving machinery, falls, repetitive strain and workplace hazards. Free initial advice, no upfront costs, and 100% risk-free workers’ compensation claims with our No Win, No Fee, No Catch® promise.

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You may be entitled to claim compensation if you’ve been injured at work in Bundaberg or elsewhere in Queensland due to someone else's negligence or workplace conditions.

On average, there are 780 claims made in Bundaberg every year. 

For most Aussies, an unexpected injury forcing them to take time off work can leave them in real financial stress. Appropriate compensation could ease this burden and assist with the recovery of reasonable expenses and lost income related to your workplace injury. 

Are you a Bundaberg employee? Either WorkCover Queensland or your employer's workers' compensation insurer can cover your work-related injury claims. You may also be entitled to a ‘common law’ claim for a tax-free lump sum compensation settlement.

As Bundaberg compensation law specialists, we handle all cases with no upfront costs or financial risks. Until we successfully secure compensation, you won’t be billed.

Know your rights. Request a free, no-obligation compensation claims check from experienced legal professionals today.

Take our 2-minute free claim check

Fill in the form below to find out if you have a claim.

Rights to Compensation for Injured Workers in Bundaberg or Queensland

If you’ve had an accident at work in Bundaberg or somewhere else in Queensland, there are two types of claims you can make: statutory and common law.

Statutory Claims via Workcover Queensland (Or Your Employer’s Workers’ Compensation Insurance Provider)

Statutory claims are made on a no-fault basis, allowing workers to seek compensation regardless of who was at fault. 

They provide benefits such as weekly payments for lost wages, medical and rehabilitation expenses and lump sums for permanent impairment. 

To make a statutory claim, workers must notify their employer, obtain a WorkCover medical certificate and lodge a workers’ compensation claim with WorkCover Queensland.

Common Law Claims

To succeed in a common law claim, a worker must demonstrate that their employer or another party was negligent and that this negligence caused or contributed to their workplace injury, often with the assistance of experienced compensation lawyers. 

Personal injury claims can include damages for pain and suffering, past and future loss of income, medical expenses and legal costs.

When Should I Consult With Workers’ Compensation Lawyers?

Seek legal advice as soon as possible after a work accident so you can fully understand the legal process, time limits and your rights, as well as any compensation schemes you may be entitled to claim.

It’s especially important to consult personal injury lawyers before accepting any lump sum offers from WorkCover, as, under compensation law, accepting such offers may forfeit your right to pursue a common law claim.

We have Bundaberg compensation lawyers who offer a free initial consultation to help you understand your options.

Common Types of Bundaberg Workplace Injuries

Bundaberg has several industries that face particularly high risks for worker injuries. 

  • Manufacturing: Bundaberg rum is known around the world. Along with a thriving sugar industry, thousands of locals work in production. Using heavy machinery and lots of lifting increases the chance of a workplace injury if safety protocols aren't followed.
  • Healthcare: Workers in hospitals and care homes often work long hours. Constantly lifting and moving patients can lead to repetitive strain injuries.
  • Agriculture, forestry and fishing: As well as sugar, Bundaberg has a large commercial fruit industry. Heavy lifting, constant bending and reaching and dangerous equipment all create risks of personal injury.
  • Retail trade: Bundaberg draws lots of visitors, meaning its shops can be really busy. This can easily result in injuries where precautions to protect staff aren’t followed.
  • Construction: Building sites pose inherent risks, from dangerous machinery to lifting and moving heavy materials. A moment of neglect can easily result in devasting consequences such as permanent disability or worse. 

No matter what industry you work in, it’s a good idea to be aware of potential hazards and understand your rights. Workers’ compensation claims are designed to help you when you’ve been injured, and it wasn’t your fault. Our Bundaberg lawyers can offer comprehensive advice on everything from insurance claims to work injury claims.

High-Risk Industries in Bundaberg

Bundaberg has several industries that face particularly high risks for worker injuries. 

  • Manufacturing: Bundaberg rum is known around the world. Along with a thriving sugar industry, thousands of locals work in production. Using heavy machinery and lots of lifting increases the chance of a workplace injury if safety protocols aren't followed.
  • Healthcare: Workers in hospitals and care homes often work long hours. Constantly lifting and moving patients can lead to repetitive strain injuries.
  • Agriculture, forestry and fishing: As well as sugar, Bundaberg has a large commercial fruit industry. Heavy lifting, constant bending and reaching and dangerous equipment all create risks of personal injury.
  • Retail trade: Bundaberg draws lots of visitors, meaning its shops can be really busy. This can easily result in injuries where precautions to protect staff aren’t followed.
  • Construction: Building sites pose inherent risks, from dangerous machinery to lifting and moving heavy materials. A moment of neglect can easily result in devasting consequences such as permanent disability or worse. 

No matter what industry you work in, it’s a good idea to be aware of potential hazards and understand your rights. Workers’ compensation claims are designed to help you when you’ve been injured, and it wasn’t your fault. Our Bundaberg lawyers can offer comprehensive advice on everything from insurance claims to work injury claims.

Common Causes of Work Injuries

Unsurprisingly, the leading cause of workplace injuries is body stressing: pulling, pushing, lifting and bending. Repetitive lifting in a factory, for instance, can easily strain the back.

Other common causes in Bundaberg include:

  • Falls, slips and trips often from wet floors and misplaced equipment are a major source of claims for locals.
  • Being hit by moving objects is a risk for those working in places that use heavy machinery and have objects constantly moving. These claims account for around 18% of those made in Bundaberg.
  • Hitting objects with part of the body make up around 16% of workplace injuries and could include heavy stock landing on the hand or walking into a low-hanging ceiling.
  • Vehicle incidents account for around 8% of all claims in the area. This can include being involved in motor vehicle accidents.

No one expects to fall victim to these accidents until they do – so it’s always worthwhile to take precautions, no matter what industry you work in. 

Our Bundaberg lawyers can help you understand workers’ compensation claims no matter what type of injury you suffer. From slip and fall cases to car accidents, our team will work tirelessly to get you the best outcome.

To check your compensation entitlements, request a free case review with our expert work accident lawyers.

Workers Accident Claim Process in Bundaberg and Queensland

Here are the usual steps in Queensland WorkCover and workers' compensation claims:

1. Seek Free Initial Legal Advice

If you think you may have a claim, our experienced lawyers will arrange a no-obligation appointment at your home, our offices, or via phone to explain everything in more detail, evaluate the case, and discuss potential outcomes. Our Bundaberg lawyers are experts in personal injury claims.

2. Engage Personal Injury Lawyers

Your dedicated team will gather evidence and investigate the circumstances of the workplace accident, collecting evidence to prove employer negligence. They will also ensure that the essential first steps, such as lodging a WorkCover statutory claim, have been completed.

3. Gather Evidence to Build Your Case

A Notice of Claim is lodged against the employer's insurer (normally WorkCover Queensland), outlining the details of the injury and the negligence claim.

4. File Your Claim

Your personal injury lawyer will lodge a notice of claim and negotiate on your behalf with the liable parties, typically with their insurance companies (or their legal representatives), such as WorkCover QLD, for workplace accidents.

5. Negotiate With the Employer’s Insurer

Negotiations with the insurance company aim to reach a fair settlement that covers your medical expenses, lost wages, pain and suffering and other damages.

Most personal injury claims are settled out of court in an office-based meeting involving you, your expert legal representation and a barrister they have engaged in leading the negotiations with the agents of the at-fault party's insurer.

In the unlikely event that a settlement cannot be negotiated out of court, proceedings can move to litigation. In most ‘no win, no fee’ agreements, you could be liable for the other side's legal expenses if your case is unsuccessful in court. 

Smith’s Lawyers' No Win, No Fee, No Catch® promise protects you from this risk and means you cannot be out of pocket for legal services.

6. Settlement Payment

If your claim is successful, you will receive a lump-sum tax-free compensation settlement. The amount received will depend on various factors, including the severity of your injury, any impact on your earning capacity and any medical expenses incurred.

Remember: Your claim may involve more steps than this. This is a general guide to give you an idea of what could happen. Our Bundaberg lawyers can provide you with free and no-obligation advice on personal injury claims.

To check your compensation entitlements, request a free case review with our expert work accident lawyers.

How Are Workers’ Compensation Claim Payouts Calculated?

The amount of compensation awarded for a work-related injury in Queensland is determined by several factors, which can be broadly categorised into statutory compensation and common law damages.

Statutory Compensation

A WorkCover claim is the first step in all workers' compensation cases in Queensland. It covers immediate medical costs and lost wages. You need this claim even if you're planning to pursue further compensation at common law.

Degree of Permanent Impairment (DPI): The primary factor in determining lump sum compensation is the degree of permanent impairment, assessed using the Guidelines for the Evaluation of Permanent Impairment (GEPI). The higher the DPI, the larger the lump sum compensation.

Weekly payments: Compensation for lost wages is calculated based on the worker's Normal Weekly Earnings (NWE) or Queensland full-time adult ordinary time earnings (QOTE), depending on the length of the claim and the worker's employment status.

Medical and rehabilitation expenses: All reasonable medical, surgical and hospital expenses related to the injury are covered, along with rehabilitation costs and necessary travel expenses for medical treatment.

Duration of incapacity: The length of time the worker is unable to work due to the injury affects the total amount of weekly compensation paid.

Common Law Claims via a Workers’ Compensation Lawyer

A common law claim allows you to seek extra compensation if your injury resulted from your employer's negligence – but only after your WorkCover claim has been accepted. 

This extra compensation can help to cover expenses like:

  • Economic loss. This includes past and future loss of earnings due to the injury. The calculation considers the worker's pre-injury earnings and potential future earnings, adjusted for factors like age and career prospects.
  • Pain and suffering. Compensation for pain and suffering is calculated using the Injury Scale Value (ISV), which assigns points based on the severity and duration of the injury. These points are then converted into a monetary value.
  • Medical and hospital costs. Similar to statutory claims, common law ones can include compensation for ongoing medical and hospital expenses.
  • Legal costs. If the worker pursues a common law claim, they may also be awarded compensation for legal expenses incurred during the process.

Our experienced lawyers are here to assist throughout the entire process, from getting your WorkCover claim accepted to seeking extra compensation.

Additional Considerations

  • Age and career impact: Younger workers may receive higher compensation due to the long-term impact of mental or physical injuries on their career and earning capacity.
  • Severity and type of injury: More severe injuries, such as spinal cord injuries or amputations, typically result in higher compensation due to their significant impact on the worker's life and ability to work.
  • Employer negligence: At common law, proving employer negligence can significantly increase the compensation awarded, as it allows for damages beyond the statutory limits.

The compensation process in Queensland aims to balance fair benefits for injured workers with reasonable costs for employers, ensuring that workers receive appropriate support and financial relief following a work-related injury.

Get expert advice: Our experienced lawyers can carefully assess all these factors, advocate on your behalf and fight for your legal rights. Smith's Lawyers team will explain your rights, the claims process, time limits and how our risk-free promise ensures no legal fees unless your case is successful.

Workers Compensation Claim Time Limits

Strict time limits apply. Generally, you have three years from the date the injury occurred. However, the initial stages required to run personal injury claims are required earlier than this.

For work-related injuries in Queensland, you have:

  • Six months from when the entitlement to compensation arises (this is usually when the injury occurs or the day on which the individual is assessed by a doctor) to lodge a workers’ compensation claim with WorkCover Queensland (or your employer's workers' compensation insurer if self-insured). This is an essential first step for all cases, regardless of fault.
  • Three years from the date of the accident/injury to start court proceedings for a common law claim. These claims can be run in addition to a standard WorkCover claim where the negligence of your employer or another party caused or contributed to your accident and injuries.

It's also worth noting there are exceptions. For instance, for victims under 18, this three-year period doesn't start until their 18th birthday. 

These time frames might seem like a lot of time, but setting your claim into motion can be a complex process with many legal requirements to navigate. 

Seek advice: Our experienced lawyers can help you understand these time limits and ensure you don't miss your chance for a claim. We offer Queensland-wide service with free and no-obligation case reviews. Smith’s Lawyers No Win, No Fee, No Catch® promise means you have nothing to lose in seeking legal action.

To check your compensation entitlements, request a free case review with our expert work accident lawyers.

Workers Compensation Lawyers Bundaberg

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Work Accident Lawyer Bundaberg FAQs

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What should I do if I've been in a Bundaberg work accident?

If you've been in a Bundaberg work accident, seek medical treatment immediately to prioritise your health. Inform your employer about the injury promptly, providing all relevant details. Document the incident thoroughly, noting the time, location, any witnesses and take photos if possible. Obtain a Work Capacity Certificate from your doctor outlining your injury and any necessary time off work. 

Next, submit a WorkCover claim with all required medical evidence. Follow up with medical appointments, keep detailed records of every medical treatment and expense, and consult a work injury lawyer for legal advice. Finally, participate in any recommended rehabilitation programs to support your recovery and safe return to work.

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Can I Claim for an Injury Whilst Travelling to and From Work?

Yes. In Queensland, you can claim workers' compensation for an injury sustained while travelling to and from work, known as a ‘journey claim.’ These claims are covered under the Workers' Compensation and Rehabilitation Act 2003 and are generally no-fault, meaning you do not need to prove that someone else was at fault for the injury. However, your claim may be denied if you were engaging in unlawful activities, made significant deviations from your usual route, or experienced major delays unrelated to your employment during the journey.

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How long does a workers' compensation claim take?

Compensation and claims at common law typically take around 18 months. However, several factors can influence the timeframe. This can include disputes over who caused the accident (liability), the severity of your workplace injuries and how long it takes for them to stabilise. Personal injury law experts can help navigate these complexities.

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Do I have to go to court for my workers’ compensation?

The vast majority of work accident compensation claims are settled without the need to go to court. Here's why:

  • Queensland's legal system requires a ‘compulsory conference.’ This is a structured meeting between you, your lawyer, the insurer, and their lawyer. The goal is to reach a settlement agreement without a formal court trial. Most cases are successfully resolved at or shortly after the compulsory conference.
  • If a settlement can't be reached, going to court may be necessary. However, Smith's Lawyers' No Win, No Fee, No Catch® promise protects you financially. If your case is unsuccessful in court, you won't be liable for the other side's legal expenses. We take on that risk.
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Get expert advice today

To check your compensation entitlements, request a free case review with our expert work accident lawyers.

Take our 2-minute free claim check

Fill in the form below to find out if you have a claim.

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Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.