Workers Compensation Lawyers Sunshine Coast

Expert Sunshine Coast 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 consultation, no upfront costs, and 100% risk-free workers’ compensation claims with our No Win, No Fee, No Catch® promise.

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If you’ve been injured at work on the Sunshine Coast or somewhere else in Queensland due to someone else's fault or workplace conditions, you may be entitled to claim compensation.

On average, there are almost 3,000 claims made on the Sunshine Coast and Noosa every year. That’s over eight claims a day. 

For thousands of Aussies, an unexpected work injury can leave them in real financial stress, with medical bills and lost wages taking their toll. A workers' compensation claim could help ease this burden and assist with recovery costs, lost income and other expenses related to your workplace injury. 

Are you a Sunshine Coast 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 expert Sunshine Coast compensation lawyers, we handle all cases with no upfront costs or financial risks under our No Win, No Fee, No Catch® promise. Until we successfully secure compensation, you won’t be billed.

Know your rights. Request a free and no-obligation workers' compensation claims check from experienced Sunshine Coast lawyers 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 on the Sunshine Coast or Queensland

If you’ve had an accident at work on the Sunshine Coast 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 claim 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. 

Common law compensation 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 your legal options, time limits and rights, as well as any workers’ compensation schemes you may be entitled to claim.

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

Experts in our Sunshine Coast office can help you understand your options.

Common Types of Sunshine Coast Workplace Injuries

The Sunshine Coast has several industries that face particularly high risks for worker injuries. 

  • Health care: Dealing directly with patients, and constantly lifting and moving them can cause workers to suffer injuries.
  • Construction: Construction sites pose inherent risks, from machinery to heights. With a growing tourism industry, some parts of the Sunshine Coast see constant building and development.
  • Retail trade: Busy shops can often result in injured staff. From lifting boxes too heavy to move to tripping on misplaced stock.
  • Manufacturing: The manufacturing sector involves machinery and manual tasks, which can lead to potential injuries if safety protocols aren't followed.
  • Wholesale trade: Selling items in bulk means a need for heavy equipment and a lot of lifting. This can easily lead to workers’ injuries when not done correctly.

If you work in these industries, it’s a good idea to be aware of potential hazards and understand your rights. Where you think you’ve been injured and it wasn’t your fault, you should consider speaking to our Sunshine Coast compensation lawyers.

High-Risk Industries on the Sunshine Coast

The Sunshine Coast has several industries that face particularly high risks for worker injuries. 

  • Health care: Dealing directly with patients, and constantly lifting and moving them can cause workers to suffer injuries.
  • Construction: Construction sites pose inherent risks, from machinery to heights. With a growing tourism industry, some parts of the Sunshine Coast see constant building and development.
  • Retail trade: Busy shops can often result in injured staff. From lifting boxes too heavy to move to tripping on misplaced stock.
  • Manufacturing: The manufacturing sector involves machinery and manual tasks, which can lead to potential injuries if safety protocols aren't followed.
  • Wholesale trade: Selling items in bulk means a need for heavy equipment and a lot of lifting. This can easily lead to workers’ injuries when not done correctly.

If you work in these industries, it’s a good idea to be aware of potential hazards and understand your rights. Where you think you’ve been injured and it wasn’t your fault, you should consider speaking to our Sunshine Coast compensation lawyers.

Common Causes of Work Injuries

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

Other common causes on the Sunshine Coast include:

  • Falls, slips and trips are the second most common injuries making up 19% of claims. Wet floors and trips from misplaced equipment are often to blame.
  • Hitting objects with part of the body accounts for 17% of workplace injuries and is most common in the manufacturing industry.
  • Being hit by moving objects is a particular risk for those in the construction industry due to heavy machinery and equipment constantly on the move.
  • Vehicle incidents make up just under 10% of all claims. This can include being involved in a motor vehicle accident or being hit by one.

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.

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

Workers Accident Claim Process on the Sunshine Coast and in Queensland

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

1. Seek a Free Initial Consultation

If you think you may have a claim, we 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 workers’ compensation lawyers in our Sunshine Coast office are experts in work injury compensation.

2. Engage a Personal Injury Lawyer

Your appointed Sunshine Coast compensation lawyers 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 lawyers 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 cases are settled out of court in an office-based meeting involving you, your personal injury lawyers and a barrister they have engaged in leading the negotiations with the legal representatives of the at-fault party's insurer.

In the unlikely event that a settlement cannot be negotiated out of court, proceedings can proceed to court. 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. Smith’s expert Sunshine Coast compensation lawyers can provide you with free and no-obligation advice on your rights.

To check your compensation entitlements, request a free case review with our expert workers compensation 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 through a common law claim.

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 claims 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 experts 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: In common law claims, 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: As qualified Sunshine Coast compensation lawyers, we can carefully assess all these factors, advocate on your behalf and fight for fair compensation. 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 legal advice: At Smith’s Lawyers, our team 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. Our No Win, No Fee, No Catch® promise means you have nothing to lose in seeking your rightful compensation.

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

Workers Compensation Lawyers Sunshine Coast

Smith’s Lawyers Sunshine Coast office is part of the Regatta 1 Business Centre, and their staff will assist you in meeting with our team. So we can ensure that we are best able to cater to your needs, you will need to book an appointment with us before visiting our Sunshine Coast office, by calling us on 1800 960 482.

Opening hours

Monday
8:30am - 5pm
Tuesday
8:30am - 5pm
Wednesday
8:30am - 5pm
Thursday
8:30am - 5pm
Friday
8:30am - 5pm
Saturday
Closed
Sunday
Closed

Closed on public holidays

Visiting us

So we can best serve you, please make an appointment with us on 1800 960 482 before visiting us.

1800 960 482
Regatta 1 Business Centre, 2 Innovation Parkway, Birtinya QLD 4575
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How to reach us

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Train

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Bus

The closest bus stop is Innovation Pkwy near Metier Linkway, Birtinya and is serviced by the 607 bus (north and south).

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Parking

Parking is available in the clearly marked Regatta 1 bays, and if you have parked in one of these bays, you will need to record your vehicle registration via the QR app located at Regatta 1 reception. If one of these bays are not available, the surrounding roads are available with parking e.g. Main Drive and Textile Avenue.

Work Accident Lawyer Sunshine Coast FAQs

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

If you've been in a Sunshine Coast work accident, seek immediate medical attention to prioritise your health. Inform your employer about the injury promptly, providing all relevant details. Document the incident thoroughly, noting the time, location, and 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?

Workers' compensation and Workcover common law claims on the Sunshine Coast 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 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 workers compensation lawyers. We can explain your options to work accident injury claims so you are clear on your rights during this difficult time.

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.