If you are injured at work – understanding your rights and doing these key things could help in traversing the Queensland workers’ compensation system.
You should always document the injury. We recommend you notify your employer, take photos of the incident site, and visit your medical practitioner as soon as possible. Creating records will assist WorkCover’s claims advisors in establishing the events of your injury. If your injury itself was witnessed, also seek witness statements.
Also be aware that if you are injured in a motor vehicle accident whist travelling to, from, or as part of work you may be entitled to workers’ compensation benefits.
Applications for compensation can be submitted via WorkCover Queensland’s website. You will need a Work Capacity Certificate from your doctor and a WorkCover Queensland Claim Form.
The size and significance of the injury is irrelevant. A finger laceration, muscle tear, or broken leg could all be employment related injuries which qualify for compensation.
If you meet the definition of ‘Injury’ under section 32 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), you will be entitled to medical, hospital, travel and rehabilitation expenses. If you cannot work, you are also entitled to receive 85% of your pre-injury net earnings for the first 26 weeks (and 75% thereafter for a period of up to 2 years).
It’s important to note that Workers’ compensation benefit are not a forever thing. They aim to rehabilitate you back to your pre-accident employment. If you are still unable to return to work, you may be entitled to make a common law claim.
If you encounter issues during your workers’ compensation claim, we recommend you seek legal support. Contact one of McNamara Law’s compensation experts on 1300 285 888.
