Looking for direct information on what happens if you get injured at work? You’re not alone. Regulations around workplace injuries can be difficult to navigate. Connolly Suthers helps you find your way through when injured at work
If you were injured at work and are not getting paid by your employer, you could be missing out on compensation that is rightfully yours.
Queenslanders should enjoy the right to work without worrying about their safety and wellbeing. However, throughout the course of our working lives many Queenslanders are vulnerable to experiencing physical or mental injury at work. These injuries can result from accidents, repetitive strain or poor working conditions.
In order to receive compensation in Queensland through WorkCover Queensland, or directly from your Employer if they are self-insured, the Workers’ Compensation and Rehabilitation Act 2003 requires that:
1. You are a Worker who works as an employee under a contract (that is, you are not a sub-contractor); and you
2. Sustain an injury arising out of, or in the course of your employment if the employment is a significant contributing factor to the injury.
In order to receive compensation, an ‘Application for Compensation’ to WorkCover Queensland (or self-insured employer) should be lodged within six (6) months of the injury.
How to make a ‘fool proof’ Application for Compensation – time is of the essence
- Document your injury at work – document the incident and your injury as quickly as possible. Send written communications to management rather than report it by phone or in person. Clearly detail your injuries and what occurred and always fill out an Incident Report form if available. Where possible take photographs (where permitted) of the incident site to assist with any claim down the track.
- Consult a Doctor immediately – if you are unable to see your usual GP immediately following your injury, see any Doctor to ensure that a contemporaneous record on your injury and incident is created.
- Lodge an Application for Compensation with your workplace insurer (most commonly WorkCover Queensland) – avoid calling to lodge an Application where possible and opt for the online or in writing options. That way, there is no ability for the Insurer to misrepresent what you say has occurred.
Weekly compensation and rehabilitation
Once your Application for Compensation has been accepted you will receive weekly compensation and/or rehabilitation through WorkCover Queensland.
Once your injuries are deemed “stable and stationary” by your treating medical professionals (generally speaking, treatment and rehabilitation will provide no further benefit), your entitlement to receive compensation and rehabilitation will stop.
Compensation through WorkCover Queensland is a short-term solution and will not last forever.
If you are likely to suffer ongoing restrictions that will affect you at work or home, we recommend that you seek legal advice.
Often you can request a Permanent Impairment Assessment whereby if you are found to have a Degree of Permanent Impairment you will receive an offer of lump sum compensation.
Quite often lump sum offers are insignificant and where a worker has ongoing complaints and restrictions it is far from adequate to assist into the future.
It is often critical that a worker seek legal advice prior to making any decision about a lump sum offer from WorkCover Queensland, because accepting such offers will usually extinguish any rights that you have to bring a common law claim against your Employer.
Common Law Claim – “suing your Employer”
Prior to the conclusion of your WorkCover Queensland claim it is important that you seek legal advice.
Separate from receiving weekly compensation from WorkCover Queensland, where an injured worker has sustained injuries in the course of their employment, and where negligence can be established against the employer for those injuries, a common law claim (where you sue for lump sum damages) can be brought.
You cannot bring a common law claim against your employer if you have accepted an offer of lump sum compensation contained in a notice of assessment from WorkCover Queensland. This is why it is critical you seek legal advice early and prior to the conclusion of your WorkCover claim.
Strict Limitation Periods – it’s important to obtain legal advice
There are strict limitation periods which apply to bringing a common law claim for damages.
We strongly recommend you contact us to discuss your circumstances if you have been injured at work as strict limitation periods apply.
We provide informative, obligation-free consultations with hundreds of Queenslanders each year. Get in touch with us today.