Injured at work? Then you need to see a lawyer

Have you ever walked to work and suffered a slip and fall? Perhaps you have injured your back lifting heavy equipment at work? Or you may be feeling stressed, rundown, depressed and overworked. Regardless of how minor it may appear, if you have suffered a work-related injury, then you need to see a solicitor. This is because you may be entitled to workers compensation.

Statutory compensation

If you sustain a “work-related” injury, you may be entitled to payments and benefits, otherwise known as “workers compensation” under Queensland’s Workers Compensation and Rehabilitation Act 2003.

A “work-related injury” is an injury where employment is a significant contributing factor. This means that you may be entitled to workers compensation due to an injury occurring at work, to or from work, whilst on a break or even attending training and on business-related travel.

Examples of injuries include: 

• A cut or a fracture
• Psychological disorders such as depression or stress
• A disease, such as asbestos-related
• Industrial deafness
• Aggravation of a pre-existing condition
• Death from an injury, disease of aggravation of a disease

Workers Compensation is not a fault-based scheme, so you may apply for workers compensation even if you believe you may have been at fault.

A typical claim needs to be pursued in the following way: 

• Advise your employer that the incident has occurred and that you have sustained an injury.
• Speak to a solicitor to clarify your claim and discuss the maximum damages available to you.
• Lodge a workers compensation claim with your employer. Ensure you provide all the medical evidence you can obtain to support your claim. A solicitor can help clarify the relevant evidence you need to supply and the extent of your claims.
• Once you have lodged your claim, your employer will advise the relevant insurance company.
• Having complied with all procedural requirements, you should soon receive workers compensation.

Generally speaking, once you have successfully established your claim, you may be compensated for:

• Loss of earnings 
• Payment of medical expenses (including travel to and from the place of treatment)
• Lump sum payment from the workers compensation insurers, available if you have suffered a permanent injury of any degree.

Time limits apply, so if you have been injured see a solicitor as soon as possible.

Common law damages

Lodging a common law claim generally means commencing legal action against your employer for negligence, otherwise known as “suing” your employer. This mean that you may be entitled to damages if you can establish that your injury was caused by a breach of your employer’s statutory duty or a breach of contract. Once again, strict time limits apply so you need to obtain legal advice as soon as possible.

If you have already received workers compensation benefits and WorkCover has assessed you injury for work-related impairment, you can make a common law claim. WorkCover will assess your injury and send a “Notice of Assessment” stating the level of impairment and including a monetary offer in the form of a lump sum. You will have a period of 20 business days to respond to the offer.

The courts award common law damages, which may include payments for: 

• Economic loss 
• Pain and suffering
• Legal costs
• Medical and hospital expenses

WorkCover may pay you all damages under statute and common law, including legal and investigative costs as part of its “Accident Insurance Policy.” An Accident Insurance Policy is a workers compensation insurance policy for your employer. The policy covers your employer’s liability for workers compensation and damages arising out of your work-related injury.

Maximise your entitlements

Workers compensation is your inherent right as an employee, as it serves to protect your health and safety and ensures that your lifestyle and productivity is not harmed as a result of your work-related injury. Don’t ignore the warning signs of any physical or emotional pain that you may be suffering as a result of your employment. That minor back pain today, may be a costly back operation waiting to happen tomorrow.

Speak to us as Gerard Malouf today so that we can ensure your claim is processed professionally and efficiently and that you obtain the maximum amount of compensation entitled to you.

Take The Next Step

At Gerard Malouf & Partners we offer a service of the first consultation free to ascertain details of your claim & explain our services that only require payment if the action we undertake on your behalf is successful.