Legal Advice for Compensation Insurance Claims & TPD Payouts

Work Injury Damages Claim Guide

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 awarded, including for pain and suffering.

Our free assessment tool helps you understand your eligibility to receive WorkCover benefits. Call 1800 700 125

Your Legal Right to Make a Work Injury Damages Claim

You could have the right to claim compensation if you are an employee who has been physically or psychologically injured either:

  1. At work
  2. Travelling to or from work
  3. During work-related travel
  4. For the worsening of a previous injury
  5. Or under other work-related circumstances

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 about eligibility for a work injury damages claim and entitlements like weekly payments and a compensation payout.

Splatt Lawyers can provide legal advice on a 100% no-win, no-fee basis. Call 1800 700 125

Free Work Injury Assessment

How Much Workers' Compensation for a Work Injury?

How much compensation you receive in a work injury damages settlement depends on a series of factors, including:

  • The severity of physical and psychological injuries
  • Your permanent impairment rating
  • How much they disrupt your work capacity
  • How much they change your daily life
  • Future loss

Expert legal advice can help you understand your rights and how ‘heads and damages’ apply to your circumstances.

Work Injury TPD Claim

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 >

Work injury damages claim calculator

How to Use a Work Injury Assessment Tool

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:

  • Where and when your accident happened
  • Who was at-fault?
  • If someone could have prevented the accident
  • Your injury type
  • Your estimated severity
  • Your current employment status

Once you’ve completed the questions and submitted your details, you can learn your rights under current Workers’ Compensation legislation.

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About the QLD WorkCover Insurance Scheme

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:

Weekly Payments

Once you have an approved claim, WorkCover provides weekly benefits that replace lost income.

You could receive a lump sum amount once you are nearing the end of a workers’ compensation claim.

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Past and future medical expenses include doctor appointments, rehabilitation costs, ambulance and hospital visits, and other associated medical treatment costs.

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.

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Work Injury Damages Claim Legal Guide

Injury Types Covered by Workers' Compensation QLD

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:

Physical Injuries

Physical injuries in the workplace include:

  • Back injuries, falls, shoulder injuries, sprains and strains, soft tissue injuries, fractures, burns, and other physical damage.
  • Lost Hearing or Vision Loss/Reduction: Any permanent eyesight or hearing loss due to workplace exposure.

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.

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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, 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:

  • Severity of injuries
  • Current and future earning capacity
  • Future and past medical expenses
  • Pain and suffering, and more.

Under Queensland personal injury law, compensation calculations can include an amount for non-economic loss like pain and suffering.

More about pain and suffering compensation

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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:

  1. If you can claim work injury damages
  2. The time limits for a workers’ compensation claim
  3. QLD Statutory lump sum entitlements
  4. Our 100% no-win, no-fee policy
  5. Your legal options

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

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