An approved work injury damages claim provides for physical and psychological injuries sustained at work, during work-related activities and travel to and from work. The QLD workers’ compensation scheme determines eligibility and how compensation is calculated, including for pain and suffering.
Our free assessment tool helps you understand your eligibility to receive WorkCover benefits. Call 1800 700 125
You could have the right to claim compensation if you are an employee who has been physically or psychologically injured either:
In Queensland, your rights are protected by the Workers’ Compensation and Rehabilitation Act 2003. However, the legal process can be complex, and WorkCover may seek to minimise or deny your entitlements.
You can seek independent legal advice on your eligibility for a work injury damages claim and on entitlements such as weekly payments and a compensation payout.
Splatt Lawyers can provide legal advice on a 100% no-win, no-fee basis. Call 1800 700 125
If an employer’s negligence has stopped you from working, you have the right to seek independent legal advice. Our workers’ compensation lawyers offer a free case review that can explain your rights and entitlements. Pay for a win and zero if you lose. Call 1800 700 125
If you have suffered a work-related injury due to your employer’s negligence, you could be eligible to make a common law claim for compensation for your loss.
If you have a valid case, you could claim pain and suffering compensation as well as past and future economic losses, such as:
Note: A lump sum compensation payment will end all further entitlements to workers’ compensation benefits.
How much compensation you receive in a work injury damages settlement depends on a series of factors that can consider past and future losses, including:
One of the main considerations for calculating fair compensation is how much an injury affects your daily life, particularly your work capacity.
Expert legal advice can help you understand your rights and how ‘heads and damages’ apply to your circumstances.
Sometimes, injuries sustained on the job stop you from working again in your usual occupation. In this case, you could be eligible to make a TPD claim through a superannuation policy.
In Australia, any physical injury or mental illness that impacts your work capacity could qualify for a total and permanent disability payout, regardless of how it was obtained.
Learn your eligibility by using our Free TPD Claim Check
A work injury assessment tool helps you learn if you have a valid case. To use a worker’s compensation tool, you enter responses to a few simple questions, your details, and submit. To provide a claim evaluation, our personal injury lawyers require information such as:
Once you’ve completed the questions and submitted your details, you can learn your rights under current Workers’ Compensation legislation.
The WorkCover insurance scheme is a no-fault system. Consequently, you don’t need to prove who was liable for harm to access workers’ compensation benefits. Different types of compensation may apply depending on the type of physical injury or mental illness you suffer.
Queensland WorkCover provides financial assistance for injured workers and covers their medical costs, rehabilitation, and lost wages. Employees suffering a work-related injury can access various benefits related to financial losses, such as:
Once you have an approved claim, workers’ compensation payments can provide weekly benefits that replace lost income.
Past and future medical treatment expenses include the following:
Future medical expenses can be substantial if you sustain a significant injury.
Out-of-pocket expenses include travel costs related to approved medical treatment, prescriptions and the cost of home care.
You could have a whole-person impairment assessment near the end of your workers’ compensation claim. Based on the permanent impairment rating for your physical and psychological injuries, you may be offered a lump sum compensation payout as a full and final settlement of a claim.
Work injury compensation calculators aim to assess the value of compensation for most types of work-related physical and psychological injuries. Common workplace injuries covered by these tools include:
A recognised mental illness caused by workplace stress, bullying and harassment, anxiety, depression, post-traumatic stress disorder and other psychological conditions caused by your job.
Physical injuries in the workplace include:
Injured workers nearing the end of the workers’ compensation claim process will have a permanent impairment assessment.
For WorkCover lump sum payments, the maximum payout value of $398,731.91 is divided by the percentage of whole person impairment (WPI). This means that for every 1%, an injured worker is entitled to $3,987.
Common law claims are available to workers injured by their employer’s negligence. These claims can compensate for economic losses, pain and suffering, and other non-economic losses. Calculations of a work injury damages settlement consider factors such as:
The purpose of pain and suffering compensation is to address the non-economic aspects of a workplace injury. That’s because injuries affect more than just your physical body.
Under Queensland personal injury law, compensation calculations can include an amount for non-economic loss, such as pain and suffering, including:
In Queensland, you can seek legal advice regarding a work injury compensation claim regardless of how your injury happened. Splatt’s personal injury lawyers can provide a free case assessment that explains:
Splatt Lawyers is a 100% no-win, no-fee law firm. Pay when you win and nothing if you lose. It’s free to know where you stand. Call 1800 700 125
How much compensation you receive for a work injury damages claim depends on your unique circumstances. Also, mediated settlements are confidential. Hence, it is difficult to determine average payout values.
But you can see average payout amounts from Queensland Court Judgements here.
In Queensland, you must commence court proceedings for a work injury damages claim within three years of the date of the incident that gives rise to the claim. (there are some rare exceptions)
More about personal injury claim time limits
Personal injury lawyers generally recommend that injured workers should:
The top 10 common errors for work injury damages claims include the following:
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