If you have been injured in a work related accident or in an accident travelling to and from work you may be entitled to common law damages or workers compensation benefits or in fact both. The injury sustained may cover physical problems or possibly a psychological reaction including stress, anxiety and depression.
Workers Compensation Statutory Benefits known as WorkCover Benefits
These benefits include all medical and rehabilitation expenses arising from your injury and your wages according to the statutory scale for which you are entitled.& In Queensland the appropriate act governing this payment is the Workers Compensation and Rehabilitation Act 2003 and is a no fault scheme in that the worker has the right to claim whether the injury was caused by the employers negligence or not.
Common Law Damages:-
It is important that workers under Queensland law also have rights to bring an action if the employer was at fault causing the accident and can be classified as negligent. The employer’s negligence relates to wrongful act or omission on the employers part for failing to provide a safe workplace. If there is fault on the part of the employer not only would you be entitled to the statutory benefits applicable but also to common law benefits.
Damages based on the common law arise where the employer was negligent, failing to provide a safe workplace.&; To have a common law claim there must be some fault and also you need to be very careful accepting any lump sum payment for impairment under the Workers Compensation and Rehabilitation Act 2003 as this acceptance may cause you to forfeit your rights under a claim for common law damages.&; Please speak to an experience expert lawyer to assist you with making this decision.
In the advent that you are entitled to claim for common law damages such a claim will cover the following:-
- Pain and suffering;
- Past, present and future wage loss;
- Past, present and future medical treatment expenses;
- Homecare costs including past and future care;
- Out of pocket expenses generally.
No Win No Fee First Consultation Free:-
The words above mean precisely that, and in fact we do not charge you unless the claim is successful with much of the legal costs covered by the losing party that we are suing in your behalf. We are the only law firm in Australia to provide a written guarantee that are prepared to reduce our fees in the advent that the result is unsatisfactory or that you have a reasonable basis to feel that our fees are in appropriate.