You can make a claim if you are a:
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.
You can make a claim if you are a:
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:
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.
|Statutory Claim||Common 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?||
You can claim below heads of damages
|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:
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:
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:
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.
For personal injury claims, we will not charge you any fees unless we recover compensation for you.
Most law firms charge up to 25% uplift fees of usual legal fees, but we will not charge any uplift fees!
If you are unable to meet us during business hours, we can always come see you either after work or even during weekends.
Committed to ensuring the best possible outcome for you. We will update you on any progress and changes.
We speak your language (English/Mandarin/Cantonese). We are easily accessible by phone, email, social media and SMS.
We believe in the strict compliance to all ethical standards. Guiding you through each stage of your case is our pleasure.
Our experienced lawyers will listen to your story and tell you what to do next.
Once you engage us, we will gather the required details and work on your case.
We provide the most efficient solution and give you instant updates.
We will strive to achieve the result satisfying your best interests.