- Work Injury Compensation Payout Guide
- Three Key Elements for Accessing Workers’ Compensation Payouts
- What is Considered a Work Injury for a Compensation Payout?
- What is a Workers’ Compensation Payout?
- Your Right to Claim a WorkCover Compensation Payout
- Can I Claim a Workers’ Compensation Payout?
- Five Steps to Lodging A Workers Compensation Claim
- How Long for a Successful Workers Compensation Payout?
- Are WorkCover and Workers Compensation the Same?
- What is Included in a Work Accident Compensation Payout?
- What is My Workers’ Compensation Settlement Worth?
- What is a Lump Sum Workers Compensation Payout?
- Do All Workers’ Compensation Claimants Get a Settlement?
- What is The Value of a Workers’ Compensation Lump Sum Payout?
- What is a Common Law Claim for Work Injury?
- Will My Work Injury Damages Case Go to Court?
- Get Expert Legal Advice for a Workers’ Compensation Payout
- Workers Compensation Payout Lawyers Near You
Work Injury Compensation Payout Guide
When you are injured on the job, you will likely consider making a workers’ compensation payout. At Splatt Lawyers, we recognise the burden of work-related injuries on individuals and their families regarding physical, emotional, and financial strain. Furthermore, we understand it is frustrating when you have a work injury and deal with the challenges of the Queensland workers’ compensation scheme.
To help you know your entitlements, please read our guide to workers’ compensation payouts. This article will help you know:
- The process of workers’ compensation payouts
- The factors that determine the value of your WorkCover payments
NOTE – If your damage prevents you from working again in your usual job, you might also be eligible to make a Total and Permanent Disability Claim and get a TPD payout.
If your job has harmed you, please get in touch with our skilled Queensland workers’ compensation lawyers for expert legal advice. It’s free to understand your rights and entitlements and if you have a valid claim.
What is my claim worth?
Three Key Elements for Accessing Workers’ Compensation Payouts
- An assessment of the severity of your physical or psychological injury by an expert medical professional.
- How much income you lost due to absence from work
- The effect your injury will have on your future earnings.
What is Considered a Work Injury for a Compensation Payout?
For the purposes of a compensation payout, a work injury is defined as the harm that an individual sustains as a result of their employment and which significantly contributes to the injury. This definition includes:
- disease contracted in the course of employment.
- physical harm (a personal injury)
- occupationally acquired mental illness
- aggravation of an existing condition
- reduction or loss of hearing
- death from an illness, injury or aggravation
In addition, be aware that you can meet the definition (for a work injury compensation payout) when you have acquired a new injury or illness or your occupation worsens an existing health condition.
Next, in our workers’ compensation payout guide, we define a work injury payout.
What is a Workers’ Compensation Payout?
A workers’ compensation payout is a payment made to you for any losses you experience resulting from harm suffered on the job or work-related injury. Furthermore, when people hear the word “payout”, they think of a single, one-time payment. But, in fact, your personal injury benefits can include statutory benefits like weekly income replacement, your medical expenses and a one-time compensation payout.
|Workers Compensation Payments||Type of Payout|
|Weekly Income||Weekly payments replacing lost income|
|Medical Expenses||Reimbursement of your medical treatment costs, including ambulance, hospital, rehabilitation and travel|
|Permanent Impairment Payout||Reimbursement of your medical treatment costs, including ambulance, hospital, rehabilitation and travel|
|Common Law Work Injury Compensation||A successful work injury damages claim gives you a lump sum compensation payout for employer negligence.|
Your Right to Claim a WorkCover Compensation Payout
Your legal right to claim a compensation payout for a work accident or illness is supported by the Workers’ Compensation and Rehabilitation Act 2003. WorkCover manages this legislative scheme. Accordingly, when you lodge a workers’ compensation claim in Queensland, you claim against a WorkCover insurance policy. (your employers’ accident insurance cover)
Can I Claim a Workers’ Compensation Payout?
Currently, you are most likely considering if you can claim a workers’ compensation payout. You will already know that sustaining an occupational injury or illness can be a traumatic experience for you and your loved ones. Because of this, recovery may be stressful, and when combined with financial stress, it may overwhelm you.
Our personal injury lawyers are highly knowledgeable and can work to alleviate any frustration when filing a claim. Getting the right advice will help you stay in charge, upholding your legal rights.
Five Steps to Lodging A Workers Compensation Claim
- Get medical help – inform your doctor of your work-related injury, and they will give you a workers’ compensation medical certificate.
- Make an injury report to your employer – give your boss a copy of your doctor’s certificate.
- Retain copies of your assessments and reports.
- Get professional legal advice – an experienced compensation lawyer will ensure you know all the options for seeking benefits and lump sum payments and give you your best chance of success.
- Lodge your work compensation claim – you submit your case to WorkCover. Both you and your employer can lodge this.
- Be aware that there are strict time limits and that early intervention can support the success of your case.
Splatt Lawyers are a 100% No Win No Fee law firm, which means you pay nothing to start your case and owe nothing until we win your claim. There are no fees or charges if you lose. Call Now for your free case assessment – 1800 700 125.
How Long for a Successful Workers Compensation Payout?
How long is a workers’ compensation payout? The timeframe to receive a settlement for a successful workers’ compensation claim depends on the severity of your damage and the type of claim. The information below shows standard wait times for each type of compensation payout.
|Type of Work Injury Compensation||Length of Time|
|Weekly Income Payments||QLD WorkCover will typically decide within 20 business days.|
|Medical Expenses||To receive a reimbursement from WorkCover, you must submit receipts; the amount of time can vary depending on several factors.|
|Lump Sum Impairment Payout||Once your work injuries are stable and you submit your claim, receiving a payout will take about 6 months.|
|Work Injury Common Law Payout||When you can prove your employers’ negligence caused your injuries, you could make a common law claim. It can take several years to receive a lump sum payment.|
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Are WorkCover and Workers Compensation the Same?
WorkCover and the QLD workers’ compensation scheme refer to the same legal process. WorkCover is the primary liability insurer for Queensland employers and is the statutory entity that manages workers’ compensation claims for our state.
What is Included in a Work Accident Compensation Payout?
In Queensland, if a work accident injures you and you have a successful workers’ compensation claim, the financial entitlements you may be eligible to receive are outlined below and include weekly income, medical expenses and (for some people) a whole person impairment payment.
What is My Workers’ Compensation Settlement Worth?
1. Regular Weekly Payments
You could receive weekly compensation payments when you are off work due to an illness or injury. The amount you receive is calculated based on your pre-injury average weekly pay for the last 12 months. Your payment will be calculated as a percentage of this figure, as per The Workers’ Compensation and Rehabilitation Act 2003.
2. Medical Treatment Costs
Queensland WorkCover provides reimbursement for medical treatment costs, such as ambulance and hospital fees, rehabilitation services, home assistance and travel costs. WorkCover will cover expenses deemed to be reasonable. Certain medical fees require a referral, while others do not.
3. Permanent Impairment Payment
When you have a permanent physical or psychological impairment, you may receive a one-time, lump-sum compensation payment. Your payout value will be calculated using the ISV rating scale, which assesses your level of incapacity.
4. Claim Injury Damages
You could claim common law damages when your employer’s or co-worker’s negligence causes an injury. When successful, you would receive a lump sum settlement.
Average Workers Compensation Payout Amounts
It can be difficult to know the value of workers’ compensation payouts can as this information is often confidential. However, some information is publicly available.
WorkSafe QLD has reported an average of over 3,200 common law claims for physical and psychiatric work injuries per year, with an average payout of $168,316.
In some cases, injured workers may choose not to pursue a common law claim and instead receive a lump sum payment for permanent impairment (others claim for both). A statutory benefits scheme in place determines this payment.
If you are considering making a work injury common law claim and seeking a permanent impairment payout, you must seek experienced legal advice. You can be blocked from claiming both if you do not follow certain legal processes.
Next, in our guide to workers’ compensation payouts, we explore how compensation is calculated.
How Are My Weekly Compensation Payments Calculated?
- WorkCover (the Queensland Workplace Insurer) calculates the value of your weekly benefit payments, and how much you receive relies on the following:
- How long your medical assessor says you should be off the job OR
- The time off work specified by your work capacity
- The date of your work accident – the time your injury started
- The date your medical professional assessed your injury
- The length of time you have received compensation
- Whether an industrial award covers you
- The value of your existing income
- The current value of Queensland OTE – average adult ordinary time earnings
Your past 12 months’ wages determine the value of your weekly compensation payments. Furthermore, if you began working for your employer recently or do not have twelve months of employment history, WorkCover will base your income benefit on your earnings since starting.
In cases where the aforementioned cannot serve as a basis for calculation, WorkCover will rely on the earnings of another employee of the same employer or a relevant industrial award.
When Do Workers’ Compensation Payments End?
Statutory WorkCover payments do not last forever. Your weekly benefits will cease when:
- you return to work (you are fit for work)
- you receive a lump sum compensation offer.
- you have been paid weekly benefit payments for five years
- you received the maximum payable amount.
- you settle a work injury damages claim
- you retire.
How Much Will WorkCover Pay for a Work Injury Payout?
When you have an approved WorkCover claim, and you’re off work, your weekly replacement income calculation is as follows:
First 6 months off work
WorkCover income benefit will be 85% of your usual weekly earnings or the pay rate specified by your industrial award (if you have one), whichever is higher. If an industrial award does not cover you, the calculation uses 80% of Adult Average Time Earnings (QOTE from the Australian Bureau of Statistics). To know your payment, multiply your current salary (or the relevant QOTE figure) by 0.80.
Between 6 months and 2 years off work
During this period, your income benefit will be 75% of your regular weekly earnings or 70% of QOTE, whichever is higher.
Between 2 years and 5 years off work
In this final workers’ compensation benefit period, you can receive 75% of your regular weekly pay or 70% of QOTE if you prove you have a degree of permanent impairment above 15%. If not, you will be paid a figure equivalent to the single pension rate.
What is my claim worth?
How Does Income Tax Apply to Workers Compensation Payouts?
Payments received from WorkCover weekly are subject to income tax deductions, and WorkCover cannot withhold additional amounts for items such as compulsory employer superannuation payments. In our experience, industrial agreements requiring employers to continue making superannuation payments while an injured employee is out on workers’ compensation are rare.
What is a Lump Sum Workers Compensation Payout?
Upon completing a Queensland work injury claim with WorkCover, you may be entitled to lump sum compensation for permanent impairment. This payment settles all legal claims and obligations due to you through the Workers Compensation Act.
When Can You Get a Workers Comp Lump Sum Payout?
You could receive two types of lump sum payments for a work-related injury claim, and to be successful, you will likely need expert legal advice from a skilled work accident lawyer.
|Type of Claim||Type of Lump Sum Payout|
|Permanent impairment payout||When assessed as permanently incapacitated using the WPI scale, the insurer can settle your claim with a one-off payment.|
|Work injury common law payout||You sue your employer for negligence, and their insurance company awards you a compensation settlement.|
How is Permanent Disability Defined?
A permanent disability is any long-term physical injury or mental health disorder that impacts your capacity to do your job and earn an income. WorkCover will evaluate you using the WPI scale when a workplace accident causes long-lasting damage. Your level of impairment will determine the value of your lump sum settlement.
Do All Workers’ Compensation Claimants Get a Settlement?
Not all Queensland employees with valid workers’ compensation claims get a one-off payout. Some people recover from their injuries and go back to work. To be eligible for a settlement:
- Your lawyer negotiates with WorkCover to terminate your compensation payments with a lump-sum offer
- You win your common law claim, concluding your work injury case with a damages settlement.
You must receive legal help if you believe you have a case. Splatt Lawyer’s workers’ compensation team has supported injured workers for nearly three decades. With a strong track record of success, you can be confident you receive the support you need to win your case. Call now for immediate legal support – 1800 700 125.
What is The Value of a Workers’ Compensation Lump Sum Payout?
You could receive a sizable lump sum compensation payout when your Whole Person Impairment Claim is successful. In Queensland, this can range from $18,063 for minor impairment to a maximum of $361,273 (as of 1st July 2022) as specified by the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
Obtaining expert legal advice on the available options is essential when discussing an occupational compensation settlement with an insurance company. You are more likely to get a satisfactory result when a specialist work accident lawyer negotiates your outcome.
What is a Common Law Claim for Work Injury?
When you make a common law damage claim for a work accident, you essentially sue your employer’s insurance company for your loss. You would receive damages compensation when you win. To be successful, your lawyer needs to prove your boss’s (or co-worker’s action or inaction was the cause of your injury.
Future and past lost earning capacity will be used to calculate the value of your common law settlement. Your work injury claim for your current condition concludes when you get a payout. Following this, you will receive no further payments.
What is the Value of a Work Injury Common Law Damages Payout?
The value of your work injury common law damages payout relies on your unique circumstances and how much your life has been impacted. For example, if you work as a labourer, a back injury will challenge your work capacity more than if your job is at a desk in an office.
You make a common law claim when the negligence of your boss or co-worker is linked to your occupational illness. When successful, you would receive a lump sum settlement. This payment compensates you for your loss and includes considerations such as:
- Your pain and suffering
- Your past and future lost income
- Your rehabilitation and medical expenses, both past and future
- The cost of additional care and support
- Past and future lost superannuation
Can I Claim a Common Law Work Injury Payout?
By now, you are possibly considering if you can claim a common law work injury payout. Know that you are eligible to lodge a claim for work injury damages when:
√ The negligence of your employer caused you harm.
√ You have a 15% (or higher) permanent impairment rating approved by WorkCover.
√ A permanent impairment statutory lump sum payout has already been deposited into your bank account.
If you believe you qualify as permanently impaired, you must seek experienced work injury legal advice. You can be excluded from making a common law claim in certain circumstances, and your lawyer will advise on the best course of action for you to receive all your entitlements.
How Do I Claim a Work Injury Common Law Payout?
To start the process of a Queensland work injury damages claim, you will need:
- Information about your injury and impairment
- Your injury dates and accident details
- Your medical history – pre-existing injuries or health issues that could contribute to your impairment
- Information about the compensation you have already received.
- Information about previous jobs that may have caused you harm.
- Your notes detailing your co-worker’s or employer’s negligence.
- A copy of your permanent impairment assessment
Your work injury compensation lawyer can assist you with collating this information. They will guide you through the process of creating a compelling case. It’s free to know if you can claim, so contact our friendly legal team now for immediate support.
Other types of work-related legal claims:
Work-related motor vehicle accident: when you have a car accident driving to or from work or travelling for work purposes, you could also be eligible for a road injury claim.
Super TPD Claim: If you cannot return to your usual occupation due to physical or psychological permanent impairment, you might also claim a lump-sum TPD payout through your Superannuation insurance provider.
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Will My Work Injury Damages Case Go to Court?
When the insurer is making a settlement offer that is too low, proceeding to mediation or court litigation is an option. Be aware that court proceedings for a common law work injury claim must start within three years of your accident date. (There can be exceptions)
If you take legal action in court, there will be extra fees and costs to consider. If you fail to win your case, you may owe more than your compensation is worth. Therefore, we will only take court action if you instruct us to do so. Splatt Lawyers has a 99% success rate for claim completion without costly court proceedings.
Get Expert Legal Advice for a Workers’ Compensation Payout
Dealing with complex legal issues is challenging when you have been injured in a work accident. Living with a physical injury or mental health disorder can be difficult, especially regarding day-to-day activities. Negotiating with your employer, WorkCover and other legal entities in this situation can be overwhelming and stressful. Your best option is to contact the expert workers’ compensation team at Splatt Lawyers for informed legal advice.
Depending on the nature and severity of your injuries, you could have several legal claims, including:
- Workers’ compensation claim
- Whole person impairment
- Common law claim
- Superannuation TPD disability claim
We back our workplace legal services with our 100% No Win, No Fee legal funding guarantee. You owe us nothing until we win your claims and nothing if you lose. Contact us now for your free case assessment. Call 1800 700 125.
Workers Compensation Payout Lawyers Near You
Get expert legal support for your personal injury claim knowing an expert lawyer is nearby. Splatt Lawyers offer informed compensation legal advice from several handy locations, including: