Compensation for workplace injuries is regulated by the Workers' Compensation & Rehabilitation Act 2003. We help you navigate this complex legislation to protect your rights from the moment of injury.
The Workers' Compensation & Rehabilitation Act 2003 is a complex piece of legislation that has evolved through various amendments. It is beneficial but only if you are able to successfully exercise all of your rights and entitlements under it.
If an injured worker's statutory Workers' Compensation claim is rejected and the worker does not successfully overturn that decision, the worker not only misses out on Workers' Compensation entitlements but also any common law claim for damages they might otherwise have been able to bring.
At Optimum we believe an ounce of prevention is better than a pound of cure. We get involved as early as possible, advise on the issues you should be aware of, and ensure your interests are protected and your benefits are maximised.
When it comes to making a Workers compensation claim, an individual can claim for:
Psychological injuries are also covered by the Act except in circumstances where there has been reasonable management action.
To find out if the injury you sustained is covered under workers compensation law in Queensland, contact an expert lawyer as soon as possible.
How long is a piece of string! The amount of compensation you are entitled to receive upon acceptance of your claim depends on the severity of your injuries and the facts of your particular situation.
Upon receipt and review of your workers compensation file, a workers compensation expert should be able to give you a good idea of your rights and how much you can expect to receive.
It's illegal for an employer to dismiss an employee on the basis that they have made a workers compensation claim or within 12 months from the date of the injury. However, outside the protections contained in the Act it's possible you may be dismissed if you are no longer able to undertake the inherent requirements of your role.
The Act states that an individual is able to make a claim for:
When we talk about a common law claim for damages, we talk about taking legal action for damages against your employer for negligently causing your injuries.
Unlike the statutory compensation scheme which is a 'no fault scheme', to be successful in a claim for common law damages you must be able to prove that your employer's actions or lack thereof (negligence) caused you to suffer an injury which has caused your ongoing loss and harm.
When taking an action at common law you are entitled to claim the following heads of damage:
Strict time limits apply so it is important you contact a common law claims expert as soon as you suffer an injury to ensure your rights are protected.
Getting the right advice for your situation is important as not every Workers Compensation case is the same. There are strict time limits which apply as well, and waiting too long may mean you lose your right to make a claim.
Waiting until after any WorkCover assessment is not necessarily in your best interests either, as a lawyer can work to position your case effectively to give you the best chance of maximising your entitlements.
It's best to seek legal help as soon as possible following a work injury.
Contact us today for a free, confidential consultation — strict time limits apply.
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