If you have been injured while working in Queensland you may be entitled to claim workers compensation. Businesses’ are generally required to have a WorkCover policy in place, which is an insurance policy designed to cover for a workers loss of wages and medical expenses incurred as a result of a workplace injury.
There are two types of claims you can make to WorkCover and these are:
- Claiming Statutory Compensation, or
- Claiming A Lump Sum Compensation
To claim statutory workers compensation, you will need to complete a form available from WorkCover’s website. This form should be filled out as soon as possible after the injury is sustained or comes to your attention. Once the form has been submitted, WorkCover will either accept the claim or reject it. If the latter occurs, you will need to seek legal advice to find out what your rights are and if you can request a review of WorkCover’s decision. Statutory compensation is usually paid in:
- Weekly payments to replace income
- Lump sum payments in the case of lasting impairment
- Medical and hospital costs
Lump Sum or Common Law Compensation
To claim lump sum compensation, a Notice of Claim will need to be completed in the approved form and submitted to WorkCover within three years of the date of injury being suffered. Once WorkCover Queensland have received your claim they will allocate your case to a claims representative. Workcover Queensland have a policy of determining claims as quickly as possible and will make every effort to contact both the worker and the employer within three days of receiving the claim lodgement. Before making a decision, Workcover Queensland will need to gather all relevant information that will help them to determine the validity of the claim. This can include:
- Medical records;
- Financial documentation;
- Out of pocket expenses; and
- Statements and advice from colleagues, witnesses and firm members as to the circumstances of the accident, the nature and extent of the injuries suffered, and the impact that the injuries have had your day to day life.
It is important to note that lump sum compensation is only payable by WorkCover if the employer or another employee (other than the injured employee) are at fault or contributed to the incident that took place which resulted in the injury being sustained.
The process of claiming workers compensation can be daunting and there is a strict and complicated regime which dictates the manner in which a claim must be made. For this reason, it is recommended that you seek legal advice to understand your options if you have been injured at work.