What You Need to Know about Defending Your Rights in a Workers’ Compensation Claim

If you are injured as a result of your work, you may be eligible for compensation. This includes physical and psychological injuries or illnesses sustained at work, as well as any medical costs, ongoing treatment, rehabilitation, disability compensation, loss of income or other damage related to the injury.

Laws in Queensland exist to ensure workers are appropriately compensated if they are injured at work. There are two main pathways when making a workplace injury claim – worker’s compensation and common law claims. Below, we’ll be looking at workers’ compensation and the importance of engaging a compensation lawyer to manage the process.

 

How Workers’ Compensation Works

Every workplace must be insured for workers’ compensation to protect employees if an accident occurs and results in injury. Most employees in Queensland are insured by WorkCover Queensland, which pays the wages and medical costs of injured employees.

These claims are “statutory claims”, operating on a no-fault basis. Workers receive compensation regardless of who was at fault for causing the injury. Workers should be entitled to compensation so long as their employment was a significant contributing factor to the injury.

It’s important to note that the insurer is only obligated to meet medical and rehab costs and their wage benefit until the injury stabilises. It acts more as a safety net than as a mechanism for receiving compensation for damages, which is what common law claims achieve.

 

Why You Need a Lawyer for Workers’ Compensation Claims

While workers are prevented from claiming compensation benefits in only exceptional circumstances, legal complications can still arise. Larger claims, in particular, can be contested in court. Getting quality legal support is crucial to defend your rights.

Possible risks for workers making a claim include:

  • not being aware of your right to entitlements
  • compensation awarded may not reflect your full entitlements
  • finalising a compensation claim without receiving your full entitlements

Claims will be settled by negotiation or in court. Both require the presence of experienced compensation lawyers on your side. Negotiating a claim without the support of experienced lawyers will put you at a significant disadvantage while negotiating with opposing lawyers.

If you pursue a compensation claim in court, you must have a lawyer and proper legal services to manage the considerable amount of legal documentation, processes, witnesses and other matters related to your claim.

 

Talk to Brisbane Injury Lawyers about Your Claim

Regardless of the circumstances or details of your injury, the best way to manage worker’s compensation cases is to seek appropriate legal guidance and support. If you need help, support and legal services regarding work-related injuries in Brisbane, get in touch with the team at Brisbane Injury Lawyers.

Call our experienced compensation lawyers on (07) 3171 9313 or contact us online.