Workers compensation process in Queensland
If you have been injured at work or because of the work you were doing, there are two types of claims:
- Statutory benefits compensation claims
- Common law claims, which allow damages to be recovered where an injury was suffered due to an employer’s negligence.
About statutory claims
The first statutory phase allows WorkCover Queensland, or your employer’s chosen insurer, to cover the majority of your wages, medical treatment and rehabilitation expenses in the no fault system. The entitlement to benefits eventually comes to an end when you no longer need medical treatment and/or return to work, or your injuries are thought to be “stable and stationary”.
About the Common Law claims phase
The Common Law damages phase commences after you have received a lump sum offer from Workcover (or the self insurer) and requires you to prove that your injuries occurred because of the breach of duty of your employer or someone under the control of the employer’s negligence.
Proving responsibility is not typically straight forward and requires the expertise of a compensation lawyer to ensure that every possible angle is considered before you proceed with a Common Law claim.
Workers compensation claims processes can be stressful, and we will do our very best to explain what’s going on simply and clearly and to guide you toward the best possible compensation outcome.
We can help:
Call 1800 960 256 to speak with one of our workers compensation lawyers in Queensland.