Before you file your claim for work injury compensation you need to ensure that you are eligible to receive Workers Compensation  statutory benefits. If your injury is permanent  and as a result of someone elses negligence you may also have common law entitlements and it is recommended you speak to a work injury lawyer. 

What type of injury qualifies as a work compensation injury?

• Repetitive strain injuries
• Slip and falls
• Faulty machinery and equipment
• Exposure to toxic materials and substances
• Psychological and emotional stress

All of these types of injuries can fall under Work Compensation injuries and you may be eligible to receive work compensation depending on:

Are you an employee? - To qualify for work compensation normally you must be an employee and not a contractor or sub-contractor. If you do not fall under the category of an ‘employee’ but have incurred a workplace injury you may be able to seek assistance via other insurance and it is recommended you obtain legal advice. Either way you need to immediately inform the employer of your accident anyway and seek whatever assistance is available to you. We provide free legal advice.

Who was negligent? - Workers Compensation insurance in Queensland is a 'non-fault' based scheme. Therefore, ‘as a rule’ the circumstances surrounding the injury and responsibility are not relevant to your entitlement to receive statutory Workers Compensation entitlements. However, you may have common law entitlements and negligence has to be clearly established and proven.

File your claim within the allotted period of time! - Filing an insurance claim in Australia should be done as soon as possible. Failure to file your claim within the appropriate lilitation period can often result in your claim being denied; therefore you should inform your employer and also the insurer as soon as possible.

Your injury occurred at work - The law in this respect is different State to State and therefore need to be checked taking into account your individual circumstances. Certainly you can receive work compensation if your injury happened ‘on the job’. If your injury took place outside the workplace, in some States you are still covered travelling to and from work but in others your employer is not responsible under the terms of workers compensation

Sought medical care - In order to receive work compensation you will be required to visit a doctor so that your injuries can be treated and diagnosed. If you do not visit the doctor and follow their directives your claim can be denied and even worse, your recovery will be impeded.

You were not breaking the law or company rules when the accident occurred - If you were under the influence of drugs, drinking on the job, or breaking any other company regulations or Government laws your claim may be denied.