What if you were at fault for the work accident and suffered an injury?

What if you were at fault for the work accident and suffered an injury?

Published on 15 March 2023
Last updated on 9 February 2024

Experiencing an accident at work can be a daunting experience, especially if you believe you might be at fault. However, in Queensland, the workers’ compensation system offers a no-fault scheme, providing a glimmer of hope even in such challenging circumstances.

What if you were at fault for the work accident and suffered an injury?

1. Criteria for Workers’ Compensation Claims in Queensland

The process of claiming workers’ compensation in Queensland hinges on several key criteria:

1.1 You must be a worker

To be eligible for workers’ compensation, you must meet the definition of a worker, which typically refers to an individual who works under a contract and is considered an employee for PAYG tax assessments. It is worth noting that while this may seem straightforward, certain cases may not fall within this category.

For instance, workers classified as independent contractors or contracted employees are typically not covered by workers’ compensation. If you’re unsure whether you qualify as an employee, it’s best to seek guidance from a reputable workers’ compensation lawyer who can provide clarity and guidance on the matter.

In the context of workers’ compensation, the definition of a worker also includes unpaid interns.

1.2 You must have actually been injured

Having a genuine injury is a fundamental requirement for workers’ compensation.

Physical injuries such as deep cuts, fractures, and burns, as well as psychiatric or psychological disorders like anxiety or depression, are some of the common examples.

These injuries can also result from years of repetitive movements or exposure to harmful chemicals or substances in the workplace. Injuries may also arise due to exposure to chemicals or other hazardous substances.

It is essential to provide evidence that your injury was caused by something in the workplace to be eligible for compensation.

One very important consideration is to visit your regular GP as soon as a work-related injury has occurred!

1.3 The injury must be work-related

In the majority of cases, if the injury occurred while at work, you will be eligible for compensation.

There are instances where you may be away from work and still be covered. A good example is if you frequently travel for work and sustain injuries from a car accident during your travel, then Queensland workers’ compensation laws will likely apply. Nonetheless, the injury must be linked to work in some way for it to qualify for compensation.

Those are the three requirements needed to qualify for workers’ compensation. It’s worth noting that “fault” doesn’t come into play when it comes to these requirements. Typically, if you were hurt while performing duties for your employer, then you may be covered by workers’ compensation, regardless of fault. This is what makes the no-fault system so advantageous for the employees.

For more information, please refer to our blog: Journey Claims (Injuries Sustained During Travelling for Work): Should You Choose a WorkCover or CTP Claim?

2. Overcoming the Hurdle of Fault in Your Claim

It is important to remember that even if you played a role in your injury, it does not necessarily mean that you are not eligible for a WorkCover claim. It’s not uncommon for cases to involve employees who may have contributed to their injuries to some extent.

The workers’ compensation system exists to safeguard employees, which is why fault is not considered in this stage (statutory claim). The fault or liability concerns are only important in the common law claim. You can consult Ascent Lawyers about your entitlement to making a common law claim.

3. Consult a Trusted Workers’ Compensation Lawyer

While the no-fault scheme under Queensland’s workers’ compensation allows for straightforward claims regardless of who caused the accident, the scenario changes significantly when pursuing a common law claim. In these cases, establishing fault is crucial. Fault, or liability, in common law claims, revolves around proving that the employer’s negligence contributed to the injury. This can be a complex process requiring meticulous legal expertise. Ascent Lawyers specializes in discerning the nuances of such cases. Our team meticulously evaluates the circumstances of your injury, gathering evidence to establish fault effectively. We guide you through the intricacies of common law claims, ensuring that your rights are fully represented and that you receive the compensation you deserve for your workplace injury

If you have been injured at work, speak with a knowledgeable workers’ compensation lawyer, we are based in Brisbane and help clients throughout Queensland. Furthermore, we offer a No Win No Fee cost agreement, click here to find out more, or call us today!

Disclaimer: Ascent Lawyers owns all copyright in the text. This article is of a general nature and should not be regarded as legal advice or relied on for assistance in any particular circumstance or emergency situation. To obtain legal advice in relation to your own circumstances, please contact us for consultation.

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