Our work injury damages claim calculator guide can help you understand whether you can claim compensation when injured at work, and how much you might receive in a lump sum payout.
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:
Our workers’ compensation lawyers can help injured workers understand their rights and entitlements on a 100% no-win, no-fee basis. It’s free to know where you stand. Call 1800 700 125
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In Queensland, your right to make a workplace injury claim is 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.
Eligibility to receive workers’ compensation entitlements depends on proving that your job was a significant contributing factor to your illness or injury.
You have the right to seek independent legal advice on your eligibility for a work injury damages claim and on entitlements such as weekly payments and a compensation payout.
If an employer’s negligence has stopped you from working, you have the right to seek independent legal advice before commencing proceedings.
Our work injury damages lawyers offer a free claim assessment that can explain your rights and entitlements. Pay for a win and zero if you lose. Call 1800 700 125
Type of Claim | How it Works |
|---|---|
Workers Comp Benefits | Statutory compensation with no need to prove who was caused the injury. |
Common Law Damages | A legal action for employer negligence that ends with a one-time lump sum payment. |
Permanent Impairment | A final WorkCover payout for permanent damage assessed using the ISV scale. |
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:
Expert legal advice from workers’ compensation lawyers can help you understand your rights and how ‘heads of 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:
Work injury damages can compensate for various losses, including medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. Employees suffering a work-related injury can access various benefits, such as:
Lost superannuation is calculated as a percentage applied to total past and future lost earnings, typically 12% in Australia.
Approved workers’ compensation covers medical expenses, including past and future medical treatment costs for 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.
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.
Permanent impairment is often measured as a Whole Person Impairment (WPI) percentage to determine eligibility for certain lump-sum payouts.
According to WorkSafe QLD, a medical professional must determine the degree of permanent impairment and assign a percentage rating, which significantly affects the potential compensation for a work-injury damages claim.
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 allow workers injured by their employer’s negligence to seek compensation. These claims can pay damages for economic losses, pain and suffering, and other non-economic losses.
To achieve a successful outcome, you must prove that your employer’s negligence caused your injury, in other words, that your employer failed their duty of care.
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, such as emotional distress. That’s because injuries affect more than just your physical body.
Eligibility for pain and suffering compensation often requires proof of a minimum threshold of permanent impairment and employer negligence for a common law claim.
Under Queensland personal injury law, compensation calculations can include an amount for non-economic loss, such as pain and suffering, which can include the following:
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:
Our work injury damages lawyers work on a 100% no-win, no-fee basis with no upfront costs. Pay when you win and nothing if you lose. It’s free to know where you stand. Call 1800 700 125
A workers’ compensation claim is a statutory claim that can pay for immediate medical expenses and lost income. This type of case does not require proof of who caused your injury or illness.
On the other hand, a work injury damages claim is a fault-based claim. As such, it requires proof that your employer owed a duty of care and their failure caused you harm and a related financial loss.
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)
It is important to seek legal advice as soon as possible when making a work injury damages claim to ensure you don’t miss critical deadlines.
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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