The Australian government recognises that workers' compensation claims are an important right affecting employees' health and safety.
In every work community, there are occupational hazards. Workers' ought to self insure for these claims and get the pay they deserve.
Getting injured at work and living with an occupational disease can have some serious negative effects on the quality of your life. Workplace injuries include spinal cord injuries and other health issues. These lead to many claims against employers. In Queensland, there are around 3,000 common law claims for workplace injuries by employees each year.
It can affect your pay, your family, and also society at large. If you've contracted a disease and require medical treatment as a result of a work-related injury, you're eligible for workers' compensation as part of your entitlements. This makes workers' compensation insurance so crucial. The Australian government also legislates for workers compensation entitlements in every state, Queensland included.
Sometimes an occupational disease treatment requires extensive medical expenses. This may lead you to pursue your workers' compensation claims in your local community. The workers' compensation you receive is based entirely on your unique work-related injury.
If you need more information about the workers' compensation scheme, or making workers' claims, you can obtain impartial legal advice from a reputable professional. We offer a ‘No Win. No Fee. No Catch’® promise, which means there are no upfront costs and you will never be left out of pocket.
In the unlikely event that your case goes to court, and you are unsuccessful, we'll cover the costs - so you won't pay a cent to us or anyone else.
Learn more about how you might be entitled to make a WorkcCover claim.
Fill in the form below to find out if you have a claim.
Common Types of Workplace Illnesses
Dermatitis
Allergic and irritant dermatitis is the leading cause of occupational skin disease. Dermatitis is caused by a wide array of physical, biological, or chemical agents. Studies show that 75% of patients with occupational contact dermatitis end up developing chronic skin disease.
Respiratory Illnesses
This includes asthma, as well as chronic obstructive pulmonary diseases (COPD). Asthma is considered to be the most common occupational lung disease in Australia. Auto parts, foam, and plastic manufacturing industries often have exposure to over 300 chemicals in the workplace, thus significantly increasing the risk of developing respiratory illness. Work-related asthma is usually caused by sensitizing agents or irritants.
Musculoskeletal Disorders (MSD's)
MSD's are present in most trade-based workplaces as well as in office settings. Employees may be at risk of repetitive strain injuries such as carpel tunnel syndrome or tendonitis. Most work-related MSDs develop over time and can be caused by repetitive movements, awkward positions used when heavy lifting, high work demands, and lack of breaks. MSD's account for more than 43% of all work-related injuries.
Hearing Loss
Workers in the mining, construction, and manufacturing industries have high occupational noise exposures. Hearing loss occurs when there is a lack of hearing conservation strategies. Hearing loss and auditory issues are also a problem in hospitality and healthcare settings.
Workers who are required to work outdoors for long periods of time are more likely to face health and safety issues related to their skin. These skin conditions include eczema, ulcers, rashes, skin infections and inflammations, contact dermatitis, and melanoma (skin cancer).
Skin diseases can also be caused by exposure to harsh chemicals. Painters, cleaners, mechanics, and construction workers are examples of workers who are in contact with toxic chemicals on a day-to-day basis.
What is an Occupational Disease?
An occupational disease is a work health illness caused by substances or conditions that a worker faces within his workplace. Health conditions in a group of employees within the same environment occur more frequently and are considered to be occupational diseases. The workers' compensation which a worker receives, acts as a form of worker's compensation insurance for the occupational disease. Health and safety expenses are covered, ensuring a return to work.
Can I Claim Compensation for an Occupational Illness or Disease?
Workers' compensation provides a safety net for employees who face physical or mental work-related injuries in a community during the course of their employment. You can get more information about your entitlements from your personal lawyer. At Smiths Lawyers, we specialise in handling workers' compensation for work-related injury cases.
It is a form of workers' compensation paid by the company to support the person's work health. Employee support may include lump-sum payments, income replacement, health and safety benefits, and rehabilitation expenses needed to self insure the workers' occupational health. All this ensures workers' safe return to work and improves the overall attendance of workers.
What is the Occupational Compensation Claims Process?
If you've been affected by an occupational disease. Here is the specific information you must follow.
1. Employees report their workplace injuries to their employers.
2. Employers must maintain work health standards by guiding the employees.
3. Your employer is supposed to report the injury and file a claim form.
4. The insurer approves or denies the claims accepting or rejecting to provide employees' medical expenses.
This process may appear daunting but is worth the time and energy it takes to pursue a workers' compensation claim. Employers are increasingly empathetic to workers' rights since it is within both the employer and employee interest that they return to work.
Frequently Asked Questions
How Long do I Have to Make Workers' Compensation Scheme Claims?
Following a work-related injury or illness, there's a limited amount of time to report the issue and file a workers' compensation claim. Failure to do so could result in denial of workers' compensation benefits.
This is why it's important that employers train their employees to immediately report an injury at work. An employer is responsible for submitting a workers' compensation claim to the workers' compensation insurer after gathering information and details about the worker's compensation incident.
In order to ensure a seamless process, we will do everything possible to assist you in your workers' compensation claim. Every claim is different, and the timeframe for settlement will differ greatly. If you have any questions we can provide you with further information related to your specific workers' compensation claim.
The length of time to settle your workers' compensation claim often depends on the complexity of your injuries. The passage of time is also required for your injuries to stabilise so as to determine the likely long-term impacts of your injury. Our compensation lawyers will do their best to ensure you get back on your feet quicker.
Your solicitor needs to fully assess and pursue your workers' compensation claim, making sure you receive the maximum amount of compensation you are entitled to. In this regard, it is important to try and be patient throughout this process.
What Does it Cost to Make Workers Compensation Claims?
As with pursuing any legal action, there are costs involved in bringing a workers' compensation claim for a carpal tunnel syndrome injury. It is important to understand that there will be professional fees to cover work carried out by your solicitor in investigating your claim, providing legal advice, and representing you.
We offer a ‘No Win. No Fee. No Catch’® promise, which means there are no upfront costs and you will never be left out of pocket. In the unlikely event that your workers' compensation claim goes to court, and you are unsuccessful, we'll cover the costs - so you won't pay a cent to us or anyone else.
Workers' compensation claims involve legal fees that are calculated based on the amount of work done. This will be explained to you in full before your claim for workers' compensation is started and before you sign any kind of agreement.
However, it is important to keep in mind that in Queensland, the charging of professional legal fees in speculative workers' compensation claim matters is regulated and there is a 50/50 rule which caps the fees a law practice can charge in these matters.
This rule states that a law practice is entitled to charge a client no more than half the amount to which they’re entitled under a judgement or settlement, after deducting certain expenses a client is required to pay, including disbursements.
Disbursements are the costs incurred by a legal firm in pursuing your workers' compensation claim. These include report fees, investigations, court filing fees, and barristers fees if your case ends up going to court.
Can I Represent Myself When Making an Occupational Disease Workers Compensation Claim?
Seeking legal advice isn’t required to make a workers' compensation claim, although it’s highly recommended to engage a firm that has highly experienced workers' compensation lawyers.
Workers' compensation law can be hard to navigate on your own, there are many legal rights you may not be aware of and without experienced workers compensation lawyers on your side, you may not be successful in your workers' compensation claim, or may not receive the maximum compensation you may be entitled to.
In personal injury matters, the stakes are too high. Employers may not be willing to payout workers' compensation claims so you need professional advice to guide you through the process. The amount of workers' compensation you obtain often hinges on the quality of legal representation you receive.
Annually, there are thousands of common law claims for workplace injuries in Queensland. Many of these workers' compensation claims fail. Self-representation can be risky in this regard. The amount of workers' compensation payout may depend on it.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to Occupational Disease Compensation claims so you are clear on your rights during this difficult time.
Fill in the form below to find out if you have a claim.
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.