Injured at work – when do you need a lawyer?

By Kate Avery, Principal Lawyer, Kare Lawyers

All workers in Queensland are covered by workers’ compensation insurance. The insurance is usually through WorkCover Queensland with the exception of a small number of larger employers authorised to be self-insured. 

If you suffer an injury at work, you should apply for workers’ compensation through WorkCover Queensland. This can be done by phone or online and should be done as soon as possible after an injury.  Claims lodged more than 6 months after an injury will not be accepted for the purposes of statutory benefits and any medical expenses you incur without WorkCover’s input may be refused reimbursement.

Workers’ compensation takes two forms in Queensland:

1. Statutory benefits, and
2. Common Law claims for damages.

In most cases, you do not need legal advice to lodge a claim for statutory benefits. Your doctor can complete the WorkCover form of medical certificate and the claims manager can talk you through the application process. 

If your claim relates to a psychiatric injury or an injury which arose when you are accused of committing a criminal offence in the workplace, we recommend you consult a solicitor before you make the application.  These types of claims have greater complexity under the legislation and it will improve your prospects of the claim being accepted if you engage a solicitor to prepare submissions to WorkCover.

Statutory Benefits

If WorkCover accepts that you sustained an injury in the course of your employment, you will receive weekly benefits for lost wages while you are off work due to the injury. WorkCover will also liaise with your treatment providers to approve either direct payment of your medical expenses or reimbursement to you of medical, pharmaceutical, hospital and travel expenses related to treatment for your work-related injuries.

The goal is that you get the treatment you need to return to work. If you are unable to return to your usual work, WorkCover may coordinate placement for you with a host employer. This is a valuable opportunity to see whether you would be better suited to alternative employment after your injury.

Statutory benefits will end when your medical practitioner determines that your injuries are stable and stationary. In most cases, this will mean that you have made a full recovery and can return to work without restrictions and without incurring further medical expenses.

If you have ongoing symptoms, whether or not your doctor considers you need further treatment or time off work, we recommend you consult a solicitor. WorkCover will need to assess your permanent impairment and make an offer of lump sum compensation. If WorkCover’s medical advice is that your permanent impairment is less than 20%, you must decide whether to accept the lump sum offer or pursue a claim for damages at common law.

You will need legal advice while you are receiving statutory benefits in the following circumstances:

1. You are approaching a date 3 years from when you sustained your injury
2. You receive an offer of lump sum compensation.

Common law claims for damages

A solicitor can advise you about the risks and benefits of accepting an offer of lump sum compensation from WorkCover at the conclusion of your statutory claim.

Common law damages will, in most cases, be significantly more than WorkCover’s offer of lump sum compensation. However, you will not recover any damages at common law unless you can establish that your injury occurred because of an unsafe system of work (negligence).

A solicitor can take you through your prospects of establishing negligence at law, the basis upon which damages would be calculated at common law and the costs of a common law claim so that you can make an informed decision as to whether to accept or reject the statutory lump sum.   

If you decide to pursue a common law claim, you will benefit from legal advice to guide you through the common law process, obtain the necessary evidence and advise you as to prospects should your claim proceed to trial.

Your capacity to continue to work is vital to your own financial security and that of your family. If you suffer any injury which jeopardizes your ongoing capacity to work, it is worth getting professional support to ensure you are compensated.