Workers Compensation Payout Guide QLD
All Queensland workers should be afforded a safe workplace with the ability to leave work as they arrive – uninjured and well. The workers compensation scheme is in place to ensure that injured workers have access to the right compensation to get them back on their feet and ideally back to work. By law each workplace should have insurance policies in place to pay compensation to cover workplace accidents.
Compensation payouts can cover unexpected and ongoing out-of-pocket medical costs, lost wages due to time off work, and rehabilitation costs if needed. Compensation payouts can also be made to families of employees in the event a worker dies whilst undertaking their job.
Talk with an experienced workers compensation lawyer to learn more.
A claim can be made if you have been injured at work or have developed a work-related disease or illness, at times you can also claim for injuries if accidents occur on your journey to and from work. The types of injuries you may sustain in a workplace accident could improve over time or can result in a permanent impairment. The types of injuries you can make claims for include:
You may also be able to claim compensation if your work environment makes your pre-existing injuries or diseases deteriorate or flare up. Injuries including cancers, strokes, asthma, and heart conditions are often made worse by employment.
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You can take control of your situation and with the right legal advice you can ensure your legal rights are protected. The following five steps will help you to make a claim for compensation:
1. Seek medical assistance. Be sure to let your doctor know that you injured yourself at work. Your doctor will issue you with a workers compensation medical certificate.
2. Report your incident and any injuries sustained to your employer. Be sure to give your employer your workers compensation medical certificate.
3. Keep copies of all your documents. Lodge your forms and claim with your employer as soon as possible.
4. Seek legal advice. Our experienced personal injury lawyers will ensure all your legal rights are protected and you gain the maximum compensation needed.
5. Lodge your claim. This is done through Workcover Queensland, you can lodge your own claim or your employer may lodge the claim on your behalf.
Time limits apply, including making a common law claim, so it’s very important to lodge your claim as soon as possible and seek legal advice.
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• Wage benefits
• Lump sum compensation
• Loss of income, past and future earning abilities
• Medical and rehabilitation expenses – including future medical needs due to your injury
• Paid care and assistance
• Loss of past and future superannuation benefits
• You may also be able to make a Superannuation/ TPD Insurance claim if you are unable to return to work as a result of a workplace injury or illness.
• Treatment by a registered medical or allied health practitioner (doctor, physiotherapist, dentist, etc.)
• Any medical items that are needed as you recover, like dressings and medicines
• Hire of equipment like crutches and wheelchairs
• Return to work services that support your recovery
• Travel expenses related to your treatment.
You will receive compensation for all out-of-pocket expenses related to your injury, WorkCover will only cover set fees for all charges.
In order to claim for a permanent impairment benefit you will need to have the degree of permanent impairment (DPI) assessed by:
• An audiologist for industrial deafness
• A medical assessment tribunal for a psychiatric or psychological injury
• A doctor for any other injury.
Any worker suffering a work injury is entitled to request an assessment to determine whether they are entitled to a lump sum compensation payment due to their permanent impairment. Additional compensation claims may be possible.
• Pain, suffering and loss of enjoyment of life
• Past and future loss of income and superannuation contributions
• Past and future extra expenses (including medical, allied health/rehabilitation and pharmaceutical expenses, travel expenses, care, assistance, aids and equipment).
To bring about a common law claim you must show that:
• You were injured at work, and;
• Your employer (or a co-worker or other agent of the employer) was negligent, and;
• The employer’s negligence caused your work injury.
Pursuing a common law claim is highly complex and can impact your entitlements under different compensation schemes. Given the complexity of these claims and to ensure your legal rights are protected we recommend you seek legal advice as soon as possible. There are also strict time limits to pursue a common law claim.
The amount of compensation you may receive will be determined by calculating the monetary value of your injuries and their impact on your quality of life and your ability to earn an income now and into the future.
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Thank you to Yasmine Chalvatzis, Vivian Lee, and to their supportive team members in helping me through this difficult trying time. I am very grateful for their assistance, and happy with the final outcome. I would also like to thank Jeremy Wiltshire, Barrister-at-law, who along with Yasmine, helped to bring a resoluti
Absolutely fantastic service from the team at Smith’s from start to finish. Emily was amazing in communicating everything, making sure I was aware of everything and was well informed before making decisions. She took the time to explain the ins and outs of my case and made sure to ease my mind with every concern I had.
What a beautiful experience to have worked with Smith lawyers! Such a kind and trusting company. I worked with Emily on my case and am blown away with her work and kindness. Very happy! Thank You so much.
I would like to thank smith's lawyers and especially Stephen for the hard work for my TPD claim. Having you to take the pressure off in this whole accident has been a great relief. I highly recommend to anyone seeking help to contact Stephen and kay at smith's lawyers. Thanks again so much.
