When can you Claim Compensation?

Being involved in a workplace accident can leave you with a number of questions and concerns. By speaking with a work injury lawyer, you can find out your legal options. We provide free legal advice. The following questions may help you when contacting a work injury lawyer.

  1. Were you injured in an accident at your workplace? - In order to receive workers compensation for your work injury, the accident has to have occurred at your job or while carrying out your normal work duties. In Queensland if you were travelling to and from work you may have worker's compensation entitlements.
  2. Are you considered to be an employee? - You must be considered an employee in order to receive worker's compensation for your work injury. If you are a contractor, temporary, or subcontractor and not considered an employee you may still have entitlements to compensation, but they may be from 'other avenues' of compensation other than workers compensation. In some cases a lawyer may be able to prove you are an employee if you meet particular criteria.
  3. Was your injury due to the negligence of your employer? - Was your injury the fault of your employer or someone else, including yourself? For statutory worker's compensation claims you are entitled to claim regardless of who was at fault. For common law claims, negligence of behalf of your employer must be clearly proven. Even if it was your colleague who was negligent, this falls under 'employers negligence' as all employees are an employers responsibility. Negligence does not have to be of a 'careless' nature. Sometimes failing to act quickly enough when a risk is identified can be considered negligent. The main question is 'Could the injury have been prevented in some way?'. If you or and your employer were both negligent this is known as contributory negligence and you are still entitled to a common law claim however, it will impact your claim. We provide free legal advice in relation to your common law claim entitlements.
  4. Are you unable to return to work? - If as a result of your work injury you are unable to return to work due to company prevention or medical advisement that can cost you financially and can require you to seek legal help in being allowed to re-enter the work place.
  5. Are you being pressured by the insurance company or your employer? - Is your employer or the insurance company threatening you to sign paperwork? Are they pressuring you to return to work or to agree to any terms that you are uncomfortable with? Don’t be bullied into taking actions without first understanding them
  6. Has your claim been denied? - If your claim has been denied then help may still be available. A work injury lawyer can still work with you and your employer to review your case and assist you. We provide free legal advice.

If you answered yes to any of these questions then it is recommended you seek advice from a work injury lawyer regarding your work injury claim.

If you have been injured in the last 3 years due to someone else's negligence then you are entiled to compensation