In the unfortunate event that you are involved in a car accident, one of your first thoughts might be: “how can I fix things or
If you have been injured at work, in a motor accident or a public place you may have a legal right to compensation. We are experts in injury compensation claims on a “NO WIN NO FEE” basis. Our team treat you like you’re a part of the family!
We understand that if something has happened to you that wasn’t your fault, your life can be thrown into disarray. We not only provide exceptional legal help but just as important, we walk with you and your loved ones along the way.
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.
Q: Workers compensation coverage of injuries
A: accidents which happen while the worker travels to and from workplace, regardless of whose fault.
diseases, physical and psychological trauma, and aggravation of health status which are due to the accident.
Q: When to file for a claim?
A: 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.
Q: Filing a worker’s compensation claim
A: 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.
Q: Duration of the process
A: 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.
Q: How much will you be paid if the claim is approved?
A: 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:
For those who have sustained partial incapacity from the incident, a more complex formula is applied. McNamara Law can help you understand this.
Q: Covered medical expenses
A: 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.
Q: Rejected claims and discontinuance of payments
A: 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.
Q: Returning to work after receipt of a compensation claim
A: It is a legal obligation of workers to let their employer and WorkCover know of their return to work within 10 business days.
Q: Lump sum claims
A: 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.
Q: Common law damages
A: 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.