To obtain WorkCover benefits, including weekly payments for time off work and the amount of your medical expenses, you must be a worker and have suffered an injury.

A “worker” is someone on PAYG wages or, in most cases, a ‘contractor’ paid on hourly or weekly rates which supply no more than labour and hand tools. A genuine subcontractor does not come under the WorkCover system.

If you are a worker who suffers an injury, you are entitled to statutory benefits, including

1. Weekly payments for time off work;
2. Payment of medical expenses; and
3. A possible lump sum for any permanent impairment if the accident happened at work or travelling to or from work.

If you do not meet the two criteria (being a worker and suffering an injury), you may be entitled to bring a claim for damages outside the WorkCover system.

Emergency Service Workers may be able to claim workers’ compensation if:

• you’ve had an accident at or as a result of work (which may include injuries sustained during a recess, such as a lunchtime or a morning and afternoon breaks)
• your health and wellbeing have been affected in the workplace
• a pre-existing injury or illness worsens in the workplace.

Workers’ compensation covers reasonable expenses, including medical, personal, occupational and rehabilitation expenses—and potentially more.

To assist your Emergency Service Injury Lawyer with the TPD or accident insurance investigation, it is important to try to do the following:

• Make notes of your recollection of all events relevant to the accident
• Record names and addresses of witnesses
• Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
• Take photos and video of any product, equipment or object that injured you
• Take photos of your injuries
• Keep any defective product which caused an injury
• Keep details of your absences from work caused by the injury
• Make a list of visits to doctors, physiotherapists, chiropractors etc, for treatment and follow-up visits
• Keep all invoices and receipts for medical, chemist etc. expenses
• Record details of assistance provided by friends and family members
• Collect contractual records. For sporting injuries, this includes club membership application forms and sign-in forms. For injuries in a car park or theatre, this includes the entry ticket
• Collect documents showing your loss of earnings and earning capacity, including wage slips, group certificates, income tax returns (for six years prior to the accident and each year after), references and resumes

Time limits vary. It is best practice to report an injury from work as soon as possible, preferably on the same day or the day following when the injury occurred.

A workers’ compensation application must be lodged within six months of the date of injury. TPD claims can be lodged within the time limit under the policy.

If you are considering a damages claim, court proceedings must be filed within three years of the injury date.

Lodging a WorkCover claim is an important step in any work accident recovery proceedings, including for TPD or accident insurance.

If your employer tries and talks you out of making a WorkCover claim, you should get prompt legal advice. You are also not obligated to notify your employer that you intend to make a WorkCover claim. If your employer refuses to assist you with your WorkCover claim, it can be lodged by other means.

Yes, as long you are covered for income protection highlighted in your superannuation policy, you can claim for TPD and income protection. If you’re unable to attend your job due to your injury, you may be entitled to request a superannuation lump sum.

It is recommended to speak to a workers’ compensation lawyer to discuss how to take the best course of action for Emergency Service Workers.

Whether a damages claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

There are some claims that are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your Emergency Service Worker’s compensation claim is worthwhile, please contact us, and we will help assess your needs and eligibility for our no-win no-fee service.

WorkCover Queensland (WCQ) will assess your permanent impairment after you have returned to work after they consider your injury has stabilised or after they believe your symptoms are no longer related to the accident. This will probably occur about twelve (12) months after the accident.

A Notice of Assessment will then issue from them to you expressing their determination of your bodily impairment as a percentage. Based on this percentage, they will offer you a “lump sum” payment.

At that point, you have the following options:-

1. Accept the “lump sum” they offer; or
2. Proceed with a lawsuit process that will typically yield you far higher compensation than the “lump sum” provided negligence, i.e. that there was something defective concerning the system of work.

In cases of severe injury, you can do both. This depends on the impairment assessed. Contact us immediately if you receive a WorkCover Notice of Assessment. It would be best if you did NOT accept any lump sum offer of compensation from WorkCover without discussing that with a workers’ compensation lawyer, as you will risk the loss of significant compensation rights.

Rather than accepting a lump sum, you may elect to sue your employer’s insurer for negligence and claim damages (in some cases, you may be able to do both). To succeed in a damages claim, you must be able to establish that your injury was due to a fault in the workplace (i.e. negligence), and you must satisfy other specific liability criteria.

In most cases, the amount of damages that flow from this type of claim is far greater than the lump sum that WorkCover may offer you under the statutory benefits scheme.

If your work-related impairment WRI is less than 20%, you cannot accept the lump sum and sue for damages. You must choose one or the other.

Don’t delay in getting in touch with our Emergency Service Injury Lawyers regarding workplace injury. Carter Capner Law is here to help you with your claims. For free, no-obligation chat, call our no win no fee lawyers today.

The majority of compensation and insurance claims are settled before court proceedings are started. In the unlikely event your claim ends up in court, your presence is required to determine the outcome of the case.

If you need more information, please contact our Emergency Services Injury Lawyers, who are here to help.

The fact that a worker is interstate or overseas when an injury is sustained does not prevent Queensland workers’ compensation from being payable provided your employment is connected to Queensland, for example, by being based here, usually working here, or your employer’s principal place of business is here.

For workers from overseas injured in Queensland and Queensland workers injured overseas, access to Queensland workers’ compensation depends on the location of the worker’s usual place of employment. The site of your employer’s “principal place of business” is also relevant.

If you are looking to get a personalised assessment of your entitlement to compensation, contact our Emergency Services Injury Lawyers and speak to one of our expert lawyers.

It’s not mandatory to seek legal advice from a specialist Emergency Services Injury Lawyer to lodge a WorkCover claim or recover for TPD. There are many benefits to securing a Workers’ compensation lawyer to handle your claim:

• Free consultations – Before proceeding with your claim, a workers’ compensation lawyer can review your case during an obligation-free consultation. Alongside a workers’ compensation lawyer, a dedicated legal assistant will be assigned to the lawyer with your case.
• Insurance claim expertise – Your workers’ compensation lawyer has experience with negotiating with insurers that can provide you with ease of mind when accessing your compensation and identifying what you’re entitled to at law.
• Experienced and time-conscious – It is your workers’ compensation lawyers’ job to ensure your claim is lodged in time. Many claimants who self-represent are not well-versed in the time frames associated with workers’ compensation cases.

If a WorkCover claim has been lodged on your behalf and accepted, WorkCover may also offer you a lump sum payment once your injuries have stabilised (usually about nine (9) to fifteen (15) months post-injury).

The offer of a lump sum depends on the level of WRI, which is assessed medically and depends on the nature and extent of your injury. In most cases, the amount of damages which flows from this type of claim is far greater than the lump sum which WorkCover may offer you under the statutory benefits scheme.

If you’re still unsure what the difference is between a ‘lump sum’ and ‘damages’, contact our Emergency Service Injury Lawyers today for an initial consultation.

For workers’ compensation claims, the expenses incurred due to the work-related injury include:

• Medical, hospital, GP, Ambulance, nursing
• Rehabilitation
• Occupational therapy
• Personal and household

The insurer may also approve compensation for expenses on attendant care, home or car modification, home-care and transportation costs. For more information on benefits entitlements, get in touch with our Emergency Services Lawyers today.