Understanding Work Accident Claims in Queensland

BRISBANE, Australia - April 14, 2024 - PRLog -- If you have suffered an injury in the course of your employment, you may have a claim for damages under the WorkCover scheme.

There are two types of WorkCover claims:

*Statutory claim; and
*Common law claim.

Statutory Claim

WorkCover statutory claims in Queensland is a no fault scheme. Essentially, if you are a 'worker' and you are injured in the course of your employment, you will have entitlement to statutory benefits including wages, medical treatment and rehabilitation expenses.

Your entitlement to such benefits comes to an end at the point that you reach 'maximum medical improvement'.

At the point that your statutory claim is finalising, you have an entitlement to have WorkCover arrange for an assessment of your injury, where you will attend a medical examination, and be issued a Notice of Assessment. The Notice of Assessment will detail any impairment you may have been assessed as sustaining due to the injury and make you an offer of lump sum compensation.

At the point that you receive a Notice of Assessment, it is imperative that you seek legal advice to discuss your options. Decisions are required to be made which have serious impacts upon your legal rights.

Common Law Claim

After receiving a Notice of Assessment from WorkCover, one of the decisions you will need to make is whether you wish to pursue a common law claim.

To succeed in a common law claim, you will need to not only prove that your injury occurred in the course of your employment, but also that your injury occurred as a result of negligence on the part of your employer or a fellow employee.

A finding of negligence is dependent upon a finding that:

*You were owed a duty of care;
*That duty of care has been breached; and
*As a result of the breach of duty you have sustained injury.

If you are able to establish those elements, you will be entitled to an award of common law damages subject to restrictions under statute. Such damages include amounts for Pain and Suffering, Past and Future Loss of Income, Past and Future Out of Pocket Expenses and Past and Future Needs for Paid Care and Assistance.

Strict time limits apply to commencing WorkCover claims and advice should be obtained as early as possible.

The lawyers at Crew Legal have extensive experience in conducting WorkCover claims on behalf of injured claimants. To learn more, visit https://crewlegal.com.au/.