WorkCover Injury Claims may be:

Workcover Compensation Injury Claims can be complex particularly if neglignece is involved and if you have suffered a permanent injury whereby your injury or injuries are permanent and / or restricts your ability to work and earn a living in the future. Please remember, it is extremely important to obtain advice from an injury law expert.  We provide free legal advice. 

WorkCover Injury Claims can be complex, no two cases are the same so what compensation one person receives for a particular injury has very little bearing on what the next person may receive as there can be many different and varying factors. 

We provide free legal advice in relation to your options and entitlements. Our lawyers have the right Injury Law Expertise to advise you on what to do about your Workplace accident injuries. We will advise you of your options and entitlements so speak to us for Free Legal Advice about what to do next.

Injured workers have two avenues for compensation—a statutory or a common law claim. A statutory claim is through your employer’s insurance company. It consists of receiving benefits such as having your wages paid while you are off work and by receiving paid medical treatment for your injury. A common law claim is an additional claim which includes being compensated for any future economic losses, for medical expenses that you may incur in the future and also for your pain and suffering. Statutory claims do not include these benefits.

To pursue a common law claim the injured worker has to be able to establish liability or fault on behalf of the employer. If liability can be established a common law claim will need to be submitted by a personal injury lawyer.

A personal injury lawyer will investigate the claim, submit a list to the insurer listing everything in which you are entitled, order the necessary medical reports to support the claim and most importantly will negotiate and settle a sufficient claim amount.The employer’s insurance cover e.g. WorkCover QLD will pay the compensation, not your employer.

So who is entitled to pursue a common law claim? Any injured worker who suffers an injury at work which results in a permanent impairment and their employer is at fault.  This even includes negligence on behalf of one of your work colleagues as your employer is also responsible for their actions in the workplace. An injury can be physical and/or psychological.

An injured worker has three (3) years from their date of injury to pursue a common law claim.It is extremely important to get free legal advice and it doesn't have to cost you anything.  We provide free legal advice. 

When the insurance company wants to stop paying you and they want to get you off their ‘books’ they will either cut you off or send you to their doctor to be medically examined for permanent impairment. If the insurance company doctor thinks you do have a body percentage of being permanently impaired because of your injury they will offer you a NOA (Notice Of Assessment) which is a payout of compensation. DO NOT sign this in any event without speaking with a personal injury lawyer first. This NOA opens up the opportunity to pursue a common law claim. If you sign this document it will end all future rights to be compensated  ijn the future. The next procedure that follows this event is for the claimant to get a second opinion from a different doctor. Your lawyer will send you to one of their doctors for the second opinion. In most cases, the doctor will always give you a higher percentage as they evaluate whole person impairment and how the injury sustained is going to affect your ability to work in the future.

Then on top of that your solicitor includes the portion of past and future economic loss, future medical expenses you might have to pay and most importantly pain and suffering to include on top of the percentage that you  have lost or that you will lose because of the injury sustained that could have been prevented. A common law claim takes into account pain and suffering, past and future economic loss and future medical treatment expenses you may have to pay for your injury. The insurance company run by a system on the computer and do not take into account these other factors.

We provide free legal advice in relation to whether you are entitled to a common law claim (or civil claim).

We provide immediate assistance with WorkCover Injury Compensation Claims and injury payouts.