compensation Law

Injured at work in Queensland? You deserve to be compensated!

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What should I do if I was injured at work?

If you suffered an injury or illness while at work, during work, travelling to and from work, you may be entitled to access compensation by making a WorkCover claim.

1
Report your workplace incident and injury to your employer immediately
2
Visit a doctor as soon as possible and obtain a WorkCover medical certificate
3
Lodge a claim with WorkCover
Our compensation lawyers can help you understand your rights and get the compensation you deserve.

Can I make a WorkCover claim?

You can make a claim if you are a:

Full-time or part-time employees
Permanent or casual employees
Self-employed workers (in some special circumstances)
Psychological workplace injury
Person deemed to be workers (such as work experience students, volunteers)
Unpaid intern
compensation Law
As long as your suffered injury or illness because of your work, you can get compensation!

Free Initial Consultation.
No Win No Fee.

Frequently Asked Questions

WorkCover is a type of insurance that is compulsory for all employers in Queensland.

If you have been injured at work, it’s your employer’s insurance company that will pay your compensation.

If you make a WorkCover claim, your employer is not allowed to treat you differently during the process. If they do, they could be held liable for discrimination.

You can make a WorkCover claim for any injuries or illnesses that stop you from working, no matter if it is psychological or physical in nature.

Examples of common workplace injuries include:

  • Back injuries
  • Knee injuries
  • Hand and wrist injuries
  • Fractures
  • Burns
  • Falls
  • Upper and lower limb injuries
  • Amputation
  • Psychological injuries (such as anxiety, depression, PTSD)
  • Hearing loss

Yes, there are strict time limits under Queensland law. Therefore, to ensure the success of your case, you must seek legal advice as soon as possible.

If you missed the time limit, your rights to pursue compensation may be lost. The benefit of hiring our compensation lawyer at Ascent Lawyers is that it becomes our responsibility to ensure the claim is lodged within the time limit and correctly.

If you have a work-related injury or disease and can’t work in your usual job, your employer cannot use this as a reason to dismiss you within 12 months of the injury or illness. As set out in the Workers’ Compensation and Rehabilitation Act 2003, the maximum penalty is 40 penalty units.

Workcover flow
Statutory ClaimCommon Law Claim
Who can claim This is a no-fault claim.
No matter if it was the employee’s fault or the employer’s fault, any injured workers can make a claim.
Only when the employer is negligent or at-fault for your injury.
What can I claim?
  1. Weekly compensation for any income loss
  2. Medical and treatment expenses
  3. Travel expenses
  4. Lump sum compensation for permanent impairment caused by the injury

You can claim below heads of damages

  1. Medical Expenses: This includes both past and future medical expenses as a result of the injury. It can be expenses for medical, rehabilitation treatment, physiotherapy, pharmaceuticals, medical aids and any other reasonable expenses.
  2. Loss of Earnings: This includes past and future loss of income resulting from the injuries. You may also be entitled to claim loss of promotional opportunities, interest and superannuation
  3. Pain and Suffering: This includes physical suffering and mental distress. It also includes deprivation of the ability to participate in normal activities and enjoy life to the fullest.
  4. Care and Assistance: This refer to help with domestic, personal care, vehicle or home maintenance tasks. It can be provided by anyone, paid or unpaid. But you can only claim if you meet certain conditions.
How much compensation can I get?

Before WorkCover provides you with a lump sum offer, you will meet with an independent medical examiner for a permanent injury assessment to assess the severity of your injury.

Degree of permanent impairment (DPI) is generally reflected by a percentage, usually between 0% and 100%. The higher the percentage, the more serious the injury.

For injuries with a DPI of less than 30%, the statutory maximum compensation is $307,385. Therefore, for injuries with a DPI less than 30%, the lump sum payment = DPI x $307,385.

For example: If the DPI is 5%, the lump sum payment = 5% x $307,385 = $15,369.25

We cannot give you a definite answer, because every claim is very individualistic.

The amount of compensation you can claim in Queensland will depend on:

  • How bad your injuries are
  • Your age
  • Your education and occupation
  • Your health condition at the time of the accident
  • The circumstances of the accident
  • How much you have lost and will lose in wages
  • How much care you need
  • How much money you have paid and will have to pay out of your own pocket
  • The ability and experience of your compensation lawyer

Once your injuries have been stabilized, you’ll need to see a doctor to understand the impact these injuries will have on your future work and enjoyment of life. This will usually involve visiting one or more medical specialists and them writing a report to support your claim.

An assessment of your situation is needed before any projections can be given. Settlements reflect the long term impact on your life so it’s worth remembering that large settlements are associated with long term or life altering injuries.

How long does a WorkCover claim take?

It depends on various factors, such as:

  • how complicated your situation is
  • how serious your injuries are
  • what treatment you will need before your injuries will stabilise
  • what treatment you will need before your injuries will stabilise

Each claim is different. So we can’t give you an estimate here. But once we get to know you better, we can give you a clearer idea of the timeframes involved in your claim.

Normally between 6 and 9 months.

Once you receive the Notice of Assessment letter from WorkCover, you can have 3 options:

  1. Accept the offer
  2. Reject the offer
  3. Defer the lump sum payment offer to make a decision later

We strongly recommend you to seek legal advice from our compensation lawyers before making a decision.

We provide an obligation-free initial consultation, evaluate your case and provide you advice on whether it is worthwhile to make a common law claim.

We offer a ‘No Win No Fee’ cost agreement for workplace injury claims.

This means that you are free from paying any upfront costs during the claim.

Our legal fees are only payable when the claim settled successfully.

We provide this legal cost framework so that everyone can have fair and equal access to justice.

Yes, you can represent yourself. However, dealing with insurance companies can be difficult for someone who has no experience and limited time. Insurance companies are multi-million-dollar businesses that will settle your claim for as little as possible.

Whereas, we have spent years dedicated to compensation law. We know the insurance process and court system. Our expertise makes certain that you will get the compensation you deserve. With a free initial consultation and a no win no fee cost agreement, you have no risks.

Get in touch today, and let us do all the worrying.

compensation Law

Your well-being is our business.
We are just a phone call away.

Why Ascent Lawyers?

We are committed to helping you at a difficult time in your life.

No Win No Fee

For personal injury claims, we will not charge you any fees unless we recover compensation for you.

No Uplift Fee

Most law firms charge up to 25% uplift fees of usual legal fees, but we will not charge any uplift fees!

After Hour Appointments

If you are unable to meet us during business hours, we can always come see you either after work or even during weekends.

Quality of Service

Committed to ensuring the best possible outcome for you. We will update you on any progress and changes.

Multilingual & Multi-media

We speak your language (English/Mandarin/Cantonese). We are easily accessible by phone, email, social media and SMS.

Diligent & Responsible

We believe in the strict compliance to all ethical standards. Guiding you through each stage of your case is our pleasure.

How It Works

We are always happy to help you figure out what to do.

Get in touch

Our experienced lawyers will listen to your story and tell you what to do next.

Engage us

Once you engage us, we will gather the required details and work on your case.

Getting to work

We provide the most efficient solution and give you instant updates.

Achieving results

We will strive to achieve the result satisfying your best interests.

What People Say About Us

EXCELLENT
Based on 77 reviews
WJ Liu
WJ Liu
4 months ago
Great thanks to Will for being my solicitor, for his patience, professional and instructive work which makes everything goes on well. Thanks!
Devon Fung
Devon Fung
6 months ago
From my personal experience dealing with Jacqueline from Ascent Lawyers, all I can say is that she is professional, reliable and goes above and beyond to deliver the best outcome. Always kept us informed with any updates.Overall, I would highly recommended her.
al80613
al80613
7 months ago
Very efficient and professional through out the whole case and amazing attention to details. Would definitely recommend.
Yuan Chen
Yuan Chen
8 months ago
Very trustworthy law firm with professional and friendly staff. Pricing is very reasonable as they solved my problem efficiently. I strongly recommend it to everyone one.
yy rain
yy rain
10 months ago
Ms Gao is an expert in her profession, and provides excellent service. She is patient and answer all enquires quickly! Would definitely recommend her to everyone!
Brian Huang
Brian Huang
11 months ago
Can't rate higher for their professionals, and solve the problem in a sec. Highly recommend