In Queensland, if you need to make a compensation claim, the first point of contact will depend on the type of claim you’re pursuing. For workplace injuries, you should initially contact WorkCover Queensland, the statutory body responsible for workers’ compensation. They provide guidance on how to lodge a claim and offer support throughout the process. For motor vehicle accident claims, you should reach out to the Motor Accident Insurance Commission (MAIC) or your insurance provider. If your claim pertains to a public liability issue, such as an injury sustained in a public place, contacting a personal injury lawyer for advice is recommended. They can guide you through the complexities of the legal process and ensure that you meet all necessary requirements and deadlines. Additionally, for any compensation claim, seeking legal advice early can be beneficial to understand your rights and the steps involved.
When making a compensation claim in Queensland, the first steps you need to consider include gathering all relevant information and evidence related to your injury or loss. This involves documenting the incident details, obtaining medical reports, and collecting any witness statements or other supporting documents. It’s also essential to be aware of the specific time limits for lodging your claim, as missing these deadlines can affect your eligibility. Next, you should seek legal advice from a professional experienced in Queensland’s compensation laws to ensure you understand your rights and the processes involved. This can help you navigate the legal requirements and improve your chances of a successful claim. Additionally, contacting the appropriate insurance company or the Workers’ Compensation Regulator, if applicable, to initiate your claim and provide them with the necessary information is crucial. Throughout this process, keeping thorough records of all communications and submissions is important for tracking the progress of your claim.
Making a compensation claim in Queensland involves a process that ensures your rights and privacy are protected. It’s important to note that while your claim is being processed, your personal details and the specifics of your case are kept confidential, and only the parties directly involved in the claim will have access to this information. Therefore, not everybody will know about your compensation claim unless you choose to share that information yourself.
When making a compensation claim in Queensland, you can typically claim for various damages depending on the nature and extent of your injuries or losses. These claims can include compensation for medical expenses, both past and future, as well as costs for rehabilitation and ongoing care. You can also claim for lost income if your ability to work has been affected, and for future loss of earning capacity. Additionally, compensation may cover pain and suffering, loss of enjoyment of life, and any modifications needed to your home or vehicle to accommodate disabilities.
Jeremy is based in the Springfield Central office, where he leads a team of legal professionals dedicated to providing top-notch legal services to the local community.
With over 20 years of service with the firm, Jeremy brings a wealth of knowledge and experience to his role as Director, while being the Practice Lead in Personal Injury and Compensation.
In addition to his leadership responsibilities, Jeremy is a passionate advocate for local organisations and causes.
He is the President and coach of Blackstone United FC, a local football team, where he mentors young athletes and promotes healthy living. He is also the President of Woogaroo Swim Club, where he advocates for swimming safety and supports local initiatives and has recently also taken on the role of Senior Men coach of the Qld QCSA team.
Jeremy’s leadership, expertise, and dedication to his community make him an invaluable asset to McNamara Law and the wider community.
Mackenzie began his career with McNamara Law in November 2019, working in legal support roles. He worked and studied full time, graduating from the Queensland University of Technology in December 2022 with a Bachelor of Laws (Second Class Honours, Division A). Mackenzie was admitted to the legal Profession in Queensland in August 2023.
Previously working as part of the Family Law team, Mackenzie now practices in Personal Injury Law with an emerging interest in Employment Law. He works alongside Director Jeremy Bruce and is eager to advance his legal career.
Unit 10
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Ipswich 4305
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Ph: 07 3816 9555
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Springfield Central 4300
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In the case where you have received a letter from WorkCover Queensland, entitled to apply for workers’ compensation benefits or if work cover has cut you off, our compensation experts are here to answer your questions and assist you in obtaining a fair outcome.
It is necessary to report the incident to your employer immediately. If it’s not possible because of the injury you have sustained, ask a co-worker or someone else to do it for you. A weekly salary compensation plus medical expenses claim may be requested from an employer, if the claim was filed within six months of occurrence of the accident. However, in dealing with WorkCover ensure that 28 days do not lapse between the time of the occurrence of the injury and filing the claim. Otherwise, it may not be granted.
Upon examination of the injury, the physician’s findings will determine a worker’s entitlement for compensation. Finding a competent and qualified medical practitioner is very important.
With a “Common Law Damages” claim, legal action must be instigated within three years of the incident. There are instances where extensions are granted, however, in this case, you need to urgently contact McNamara Law.
A Worker’s Compensation claim form is available for download here You may ask your General Practitioner to file a claim form for you or call WorkCover on 1300 362 128. A medical certificate must be attached to an application for WorkCover.
The employer must be informed of the course of action of the employee.
Copies of all documents submitted for filing must be kept by the worker. The date when the application is lodged with WorkCover must also be noted. McNamara Law can help you with this process and also ensure that you have all the necessary information and documents for filing a Worker’s Compensation claim.
WorkCover is expected to respond to your application within 20 business days to accept or reject your claim for any injuries. There are instances where you may be requested to set up an appointment with an accredited WorkCover physician for further medical investigation.
If your employer offers an amount of money so you won’t file a Worker’s Compensation claim.
Don’t accept this payment as it is illegal. In these circumstances, contact McNamara Law promptly.
You are entitled to “Weekly Payments”. An initial payment of $500 for lost wages will be paid by your employer.
The list below will give you an indication of what WorkCover may pay you following the initial payment:
‘Industrial Instrument”
0 – 26 weeks
26 weeks – 5 years
Total incapacity
Usually 85% of the worker’s normal earnings
Usually 75% of the worker’s normal earnings
For those who have sustained partial incapacity from the incident, a more complex formula is applied. McNamara Law can help you understand this.
Only the expenses relevant to medical treatment that addresses the injury sustained will be covered by WorkCover. For other treatment such as surgery, physiotherapy, psychological counselling or chiropractic treatments, further approval must be sought. McNamara Law will be able to work with you regarding the treatment which may or may not be covered by WorkCover.
A government body known as Q-Comp is in charge of these matters. A request for review of the decision may be submitted to them, which must be done within three months following the notification of the decision being received.
A dispute may be filed for other decisions made by WorkCover. For these issues, consult McNamara Law.
It is a legal obligation of workers to let their employer and WorkCover know of their return to work within 10 business days.
An assessment for permanent impairment must be conducted by an accredited WorkCover physician before a claim for lump sum compensation can be filed. This will only be determined after the worker’s health status is deemed as stable is highly unlikely to improve despite further treatment.
For work-related impairments (WRI), an offer for lump sum compensation may be made by WorkCover. You may receive a document which is called a “Notice of Assessment”, which the worker must respond to within 28 days, otherwise, it will be deferred.
With a WRI of less than 20%, the worker will have to choose between the lump sum or common law damages because you cannot have both. It is imperative that you seek advice from McNamara Law to ensure that you make the best decision.
A claim for common law damages may be filed if the accident was due to someone else’s fault. However, you may also file a claim even if you are “partly” to blame for the injury.
Compensation may include:
Even at 0% impairment, a claim for common law damages may still be filed. This must be done as soon as possible since the claim for damages must not lapse three years from the date of awareness of the injury.
If you have sustained an injury not in the workplace or in a motor vehicle, you may be entitled to a Public Liability claim.
There is a wide variety of accidents that occupiers and public liability law covers and they include the following:
A person deemed responsible for the occurrence of an injury may be obliged to pay a compensation for the resulting damages. There are instances where a person may be held responsible even if he/she is not directly the cause of an injury. Such cases may be when an accident happens on the premises or under the management of the occupier.
A property owner or the occupier of such property is under a duty of care to ensure that the premises are hazard free and in circumstances where a hazard is evident, adequate safety precautions are applied.
Examples may be sporting fields or facilities, recreational areas, patios, pergolas, etc.
Preserve evidences by photographing any injured part, the cause of the injury, or the place where it occurred.
Dealing with injuries sustained from a motor vehicle accident can be difficult enough, let alone dealing with insurance companies. Depending upon the circumstances of your accident, you may be entitled to compensation.
We specialise in injury compensation claims on a “NO WIN NO FEE” basis
A Compulsory Third Party Insurance (CTP) is a mandatory regulation that requires all cars be insured upon registration, otherwise, the vehicle is deemed illegal. In situations where the driver of the vehicle who caused the accident injures or kills another person, CTP insurance is applicable
You need to consider the following things. First, did you sustain an injury that resulted from the accident? Secondly, are you the driver of the vehicle who is not at fault? Answering “yes” to both these questions means you may pursue a CTP insurance claim.
Once the CTP insurance claim is lodged, a decision must be made by the insurer within 14 days or alternatively, a request for further information. Within that period, the CTP insurer is required to either accept or reject the claim.
Do I need to go to court? A majority of the cases settle without requiring you to go to court.
Yes. In such cases, the dependants of the deceased person may pursue a claim for the loss of the deceased’s source of income. The deceased person’s estate can claim for funeral expenses if there are no dependents.
Once a CTP claim is filed, it is not the driver of the motor vehicle being sued but rather, the insurer. All expenses brought about by the damages related to the accident are covered by the insurer under the outlined CTP, which includes the expenses for defending the case and the settlement amount which would eventually be agreed upon.
Once a CTP claim is filed, it is not the driver of the motor vehicle being sued but rather, the insurer. All expenses brought about by the damages related to the accident are covered by the insurer under the outlined CTP, which includes the expenses for defending the case and the settlement amount which would eventually be agreed upon.
For claims which may be linked with your work, a CTP and WorkCover claim can be pursued. WorkCover claims must also be filed immediately, like CTP claims. Timing is of the essence in both cases.
Investigations can be conducted by McNamara Law
In the event that the insurer is unwilling to pay for the damages, an appeal can be filed.