Ipswich Personal Injury Lawyers
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Workers Compensation Lawyers Ipswich
Who is entitled to worker’s compensation?
- a person who sustains injury during the course of work
- if the injury occurred in Queensland or if the location of employment is within Queensland
- subcontractors who are owners of insurance policies
- for non-workers, entitlement will be determined under public liability law
We specialise in injury compensation claims on a “NO WIN NO FEE” basis
- 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.
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 & Associates.
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 & Associates 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.
You are entitled to “Weekly Payments”. An initial payment of $500 for lost wages will be paid by your employer.
The table below will give you an indication of what WorkCover may pay you following the initial payment:
0 – 26 weeks
26 weeks – 5 years
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 & Associates 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 & Associates 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 & Associates.
It is a legal obligation of workers to let their employer and WorkCover know of their return to work within 10 business days.
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.
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:
- past and future medical expenses which includes rehabilitation, travelling for medical treatment
- degradation of quality of life which lead to inability to do recreational and leisurely activities
- psychological trauma
- wages lost (past and future)
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.