Who is Workcover?
WorkCover Queensland is the statutory body responsible for managing the Workers' Compensation Scheme. The workers’ compensation scheme ensures support and fair financial compensation to workers who sustain injuries or illnesses in the workplace.
WorkCover Queensland collaborates with employers, workers, and other stakeholders to facilitate fair compensation based on the criteria and terms of the Workers’ Compensation Scheme. As employers are legally obligated to hold a WorkCover Accident Insurance policy, unless the employer qualifies as a Self-Insurer, WorkCover provides assistance to both employers and claimants. However, WorkCover’s main goal is to ensure financial security and support for its claimants
Your First Steps After A Workplace Injury
1. Seek Medical Attention:
Your health and well-being are the top priorities. Seek immediate medical attention for any injuries sustained. Even seemingly minor injuries may have long-term consequences, so it's essential to undergo a thorough examination. Workplace injuries can often happen over time due to repetition.
2. Document the Incident:
Collect as much information as possible about the circumstances surrounding the injury. Take photos of the scene, any hazards, or conditions that may have contributed to the incident. Obtain contact information from any witnesses, as their statements may be valuable later.
3. Report the Incident:
Report the injury to the relevant parties, such as your employer, the property owner, or any appropriate authorities. Timely reporting is beneficial for WorkCover claims and any additional private insurance claims.
4. Preserve Evidence:
This includes keeping records of all medical treatment relating to the injury, retaining relevant documents (such as incident reports or communication with involved parties), and safeguarding any physical evidence that might support your case. It is important to note that employers can ‘forget’ or ‘misplace’ documents so it is recommended that the claimant records their requests for these documents and keep a copy when received.
5. Consult a Legal Expert:
It's often beneficial to consult with a solicitor early on to ensure that you take the appropriate steps and protect your interests.
What will it cost to lodge a claim?
Like most services, the costs typically depend upon the work required to get the job done. However, as a “No Win, No Fee”–guaranteed law firm, you won’t be charged for professional services or outlays if we don’t win your case. And, with no hidden costs and fees much lower than industry average, you’ll always receive the lion’s share of the proceeds when you work with us.
Types of WorkCover Claims
Statutory Claims
Anyone injured at work is eligible for a statutory claim regardless of there being negligence or an ‘at fault’ party.
Statutory claims often cover lost wages (weekly compensation), medical and rehabilitation costs, travel costs (treatment/claim related) and death/funeral costs. In addition, many claimants are offered an additional lump sum for permanent impairment or latent onset injuries.
Common Law Claims
Common law claims are typically based on an employer's or third party's negligence.
To pursue a common law claim, the injured worker must have an assessed injury and persuade WorkCover that someone's negligence (e.g., the employer or a third party) caused or contributed to the injury.
A key benefit to an individual in pursuing a common law claim is that the scheme assesses damages more generously than the statutory claim.
It is also worth remembering that one a common law claim is lodged, negligent parties are held accountable and safer workplace practices are enforced benefiting all employees within the workplace.
As all cases are different it is always advised that you consult a legal expert. Utilizing a solicitor ensures both types of claims run smoothly and maximum compensation is received. After your with Patino Personal Lawyers you will be advised on how best to proceed.
Claims Process
Statuatory Claims Process
- Initial ‘no obligation’ meeting. Discussing your claim and the way forward. We will complete any necessary paperwork to get your claim started or advise you what happens next if you have already lodged your claim.
- Initially, WorkCover Queensland will follow up with your employer and ask whether the employer agrees that you were injured at work. This is usually a straightforward exercise. If the employer has no issues in acknowledging your workplace injury, the claim should be accepted. Occasionally, however, an employer may not agree that the injury was sustained at work. In such situations, WorkCover will need to make a decision as to whether or not it accepts that you suffered a workrelated injury. If WorkCover decides that your injury was not suffered at work, your claim will not be accepted but we can help you to challenge that decision.
- When your claim is approved you’ll typically receive 85% of your normal weekly earnings. WorkCover will fund medical treatments, rehabilitation services and some travel expenses until you reach “maximum medical improvement” (that is, until your injuries are thought to be “stable and stationary”)
- When you reach “maximum medical improvement,” we can request that WorkCover have you assessed for permanent impairment. If you have a permanent impairment, WorkCover will offer a “lump sum compensation” payment, based on an assessment of the severity of your injury. Commonly they will offer this lump sum without us needing to request.
- If you have been offered a lump sum and choose to accept it after consulting your solicitor, your claim is considered finalised. This means your benefits under WorkCover or insurance will be discontinued and you will have no further entitlement to compensation for that injury, except in very unusual circumstances.
Common Law Claims Process
If your employer is at least partly at fault for your injuries you may pursue a Common Law Claim rather than accepting the Statutory lump sum offer. If you choose to do this the process for this claim type is as follows.
- We lodge a “WorkCover Common Law Claim” on your behalf within three years of your date of injury. [Note: Failure to lodge a common law claim within three years of an injury most often means that you can’t proceed with this type of claim.]
- Once we lodge your common law claim, WorkCover will review the claim to make sure that we’ve provided all of the information reasonably required to investigate your matter. This is where it is important that you have thoroughly documented your injury and evidence. WorkCover will then investigate the circumstances of your injury, including the cause and the consequences. Once these investigations are complete, WorkCover will advise Patinos as to whether they agree that the employer was at fault in causing or contributing to your injury. Like most insurers, WorkCover most often denies liability but often this is just a negotiating tactic and does not deter us.
- Once WorkCover has advised us of its position, we’ll then arrange a meeting (called a “Settlement Conference”) to negotiate a sensible resolution of your claim for damages.
- If at that meeting WorkCover concede your employer is at least partly at fault your past and future loss of income will be calculated as part of any compensation you receive, as well as your future medical and pharmaceutical expenses.
- 70% of matters are resolved in settlement conferences with WorkCover, while only about 2% of matters proceed to a trial at court. If your claim isn’t resolved at the settlement conference, we’ll prepare court documents and take the next steps with Solicitors retained by WorkCover. You can make an offer to resolve your claim at any time and so can WorkCover. So the chances are that your matter will still be resolved by negotiating.
We invite any additional inquiries regarding these types of claims and their procedures. If you've experienced a workplace injury and are pursuing compensation, don't hesitate to reach out to us today. Moreover, if you suspect that your workplace injury stems from negligence, contact us now, and we will arrange a 'no-obligation' consultation to delve into the specifics of your case. Your path to justice begins now; let us guide you through the process and advocate for your rights.