Menu

Work Related Injury

Laws in Queensland protect workers in order to provide a safe working environment for every employee. Despite this, things can still go wrong. If you have sustained a workplace injury, then Sydney Injury Lawyers will guide you throughout the workers compensation phase and will advise on potential avenues for further workplace accident claims. Read on for a list of common queries that we are usually asked by a person in your situation:

 

Am I entitled to a workers compensation claim?

Every workplace must be insured for workers compensation to ensure that each employee is protected in the event of a workplace accident and any injuries or diseases that may arise as a result. It does not matter who was at fault.

If your injury is work-related, then workers compensation will cover you if you are:

  • A full-time employee;
  • A part-time employee;
  • A casual employee;
  • On a work experience placement.

You may also be covered if you are:

  • Self-employed;
  • A volunteer.

Our experienced lawyers for injuries sustained at work will look at all aspects of the nature of your job role to ensure you are receiving the benefits you are entitled to.

Anything can go wrong in any industry or profession although some of the more common complaints arise out of:

  • Construction and labourer roles;
  • The meat processing industry;
  • Warehouse duties; and
  • Nursing and personal carer roles.

 

We advise speaking to one of our work injury lawyers, who through a quick and easy conversation with you can gain a clear picture of what has happened and establish whether you are eligible for a compensation claim.

What kind of work injuries will be covered by workers compensation?

Provided your employment was a substantial contributing factor to the injury, the scheme will cover just about any type of workplace injury.

While there is no work injury that is too obscure for our specialised workplace accident lawyers, some of the more common work accident claims include:

  • Neck and back strain;
  • Shoulder injuries – bursitis and rotator cuff tears;
  • Knee dislocations;
  • Spinal injuries – treated surgically with spinal fusions;
  • Head and brain trauma;
  • Burns;
  • Elbows and wrists – tendonitis; carpal tunnel syndrome and other repetitive strain injuries;
  • Broken bones;
  • Eye and facial injuries;
  • Industrial deafness;
  • Amputations;
  • Chemical exposure;
  • Infectious disease;
  • Psychological / mental / emotional / cognitive disabilities and disorders.

Your claim will also cover;

  1. Diseases caused by your employment
  2. Diseases or pre-existing conditions exacerbated or accelerated due to your employment
  3. Injuries suffered whilst travelling places for work
  4. Injuries suffered whilst receiving medical treatment for a separate work injury

However with respect to psychological injury, compensation will not be available if the psychological injury was caused by a reasonable action of the employer which predominately include situations of;

  • Transfer;
  • Demotion;
  • Promotion;
  • Performance appraisal;
  • Discipline;
  • Retrenchment;
  • Dismissal of workers; or
  • Provision of employment benefits to workers.

What will I be covered for under a workers compensation claim?

Making a workers compensation claim for your work injuries means that you are covered for any of the following:

  • Wages;
  • Medical expenses (doctor and specialist appointments);
  • Treatment (rehabilitation and surgery).

Do I really need a work injury lawyer guiding me through my workers compensation claim?

You may be questioning why it is necessary to have a solicitor specialising in workplace accidents take on your case when you have heard you merely need to fill out some workers compensation forms to get the ball rolling.

However, the truth of the matter is that there are many aspects to a workers’ compensation claim and if you do not have a solicitor looking after your benefits, you may overlook benefits that you are entitled to and miss out on them completely.

For example, your application for compensation may have been rejected, the insurer may refuse to fund medical treatment such as surgery, or the insurer may have stopped paying your weekly benefits (wages).

It is of vital importance to be well-informed of your workers compensation rights and Sydney Injury Lawyers will work to ensure that you have the maximum amount of benefits to help you recover from your workplace injury.

Am I entitled to a further work injury damages claim?

If your injury was work related, you may be eligible for a work injury damages claim if the impairment has been assessed at 15% whole person impairment in relation to your psychological and physical injuries. To pursue this path, we will also need to prove that your employer was negligent. In NSW, the law requires for your injuries to be stabilized before being eligible to pursue a common law claim.

Be aware that a claim for work injury damages will cancel any further benefits accruing in your statutory worker’s compensation claim.

What are the benefits of proceeding with a further work injury damages claim against my employer?

Our aim at Sydney Injury Lawyers is to obtain full compensation for you to cover:

  • Medical expenses (treatment, doctor’s visits, hospital, surgery, specialist appointments);
  • Rehab costs (physio, chiro, massage, acupuncture);
  • Loss of earnings (past and future);
  • Pain and suffering;
  • Paid care (nursing, cleaning, gardening).

If I want to proceed with a further work injury damages claim against my employer, then what are some of the scenarios where my employer could be found at fault for causing my workplace injury?

Some of the common situations that lead to work injuries include:

  • Failing to provide and enforce staff rotation;
  • Expecting staff to adhere to unrealistic timeframes and quotas;
  • Repetitive movements;
  • Lack of training;
  • Failing to provide assistance;
  • Faulty and defective tools, machines, plant or equipment;
  • Negligent behaviour, or a mistake, by a co-worker.

How much is my work injury claim worth?

The amount of money you can claim is influenced by a whole range of factors, namely:

  • Your age;
  • The extent of your workplace injuries;
  • What you do in your line of work;
  • Whether you own a business;
  • Whether you have lost wages or will continue to lose wages to some extent going into the future;
  • How much you have spent on treatment and other medical expenses and if this is required going into the future;
  • The level of care you now need.

Our dedicated workplace accident lawyers will arrange a medical appointment with a doctor who is specialised in assessing the particular injuries you have. The doctor will then provide your solicitor with a medico-legal report to support your work injury claim.

Who pays the money if I proceed with a further claim against my employer?

If you decide to make a further work accident claim against your employer after your workers compensation claim closes, then the relevant insurer would be responsible for paying out any settlement funds owed to you e.g. WorkCover Queensland.

What sort of legal fees will I be charged?

Sydney Injury Lawyers operate on a ‘No Win No Fee’ basis. If you have a successful work accident claim where you are paid a sum of money, then legal fees are simply taken out at the end when your matter settles.

The amount of legal fees varies for each individual claim depending on the complexity and nature of your workplace accident lawsuit.

Is there a time limit?

In most states it is a requirement that where you sustain an injury you must report this to your employer within 30 days.  NSW law provides that court proceedings may be commenced six (6) months after the injury is reported.  You generally have three (3) years from the date on which the injury was received to bring proceedings in court.  If you do not bring a claim within this time, then you will need to seek the leave of the Court.

If you are unsure about the timeframes in which you need to bring your claim, it is crucial that you seek immediate legal help so that you are not precluded from bringing your claim.

How long will my claim take?

This varies with the complexity of the work place accident, the extent of your work injuries along with when your workers’ compensation claim is likely to close.  Speaking with an experienced workplace injury lawyer from our office will help you understand the possible timeframes for your work accident claim.