In Queensland and most Australian States and Territories, there are schemes set up to protect workers when injured in the course of their work. The purpose of these schemes is to ensure that an injured worker will be able to obtain the medical treatment they need to rehabilitate from their injury and also, to provide them with a source of income whilst they are unable to work due to their work injury. The term used to describe this scheme is “workers’ compensation”.
Workers’ Compensation in Queensland – A No Fault Based Scheme
In Queensland, the workers’ compensation scheme is governed by the Workers’ Compensation & Rehabilitation Act 2003. Under this legislation, if you are injured in the course of your work, on your way to or from work, or during a work break, then you are entitled to receive workers’ compensation benefits. The Scheme is also “no fault” based, so this means, even if you think your work injury was your fault, you are still entitled to claim.
As indicated above, the benefits you can claim for under a workers’ compensation claim include:
(a) Funding of medical & rehabilitation expenses for the treatment of your work injury;
(b) Paying lost wages if you are unable to work or have a reduced work capacity;
(c) Paying you a lump sum amount if you suffer permanent impairment as a result of your work injury;
(d) Paying a lump sum amount for care and assistance in cases of very serious injury;
(e) Paying an additional compensation lump sum amount in cases of very serious and debilitating injury.
WorkCover Queensland & Self-Insurers in Queensland
Often workers’ compensation claims are called “statutory claims” because the right to make such a claim comes about solely by statute, and is not a Common Law right. They are also often known as “WorkCover claims” because the primary workers’ compensation insurer in Queensland is WorkCover Queensland. WorkCover Queensland is a quasi-government body that insures more than 99% of Queensland employers for injuries to workers in Queensland, and is the body that pays for your workers’ compensation benefits when you have a workers’ compensation claim.
There are also some larger employers in Queensland who pay for their own workers’ compensation schemes and these are termed, “self-insurers“. There is strict criteria that has to be met before an employer can be a self-insurer and consequently, there are presently only 28 self insurers in Queensland. However, these self-insurers are still required to meet their obligations as workers’ compensation insurers under the Workers’ Compensation & Rehabilitation Act 2003, just as WorkCover Queensland is.
There is another type of workers’ compensation scheme in Queensland that a very limited number of large National Employers use and that is the Comcare Scheme of workers’ compensation. This is the Commonwealth legislated scheme and only applies to a very few National conglomerates and Commonwealth Government employers in Queensland. Although based upon the same premise, Comcare is a totally separate scheme to the workers’ compensation Scheme in Queensland, with entitlements under that Scheme tending to be more restrictive than that of the Queensland workers’ compensation Scheme.
Time Limits Apply to Bringing a Workers’ Compensation Claim in Queensland
If you wish to bring a workers’ compensation claim, in Queensland you only have 6 months from the date of your injury to do so. If you miss this time limit, you can ask the workers’ compensation insurer to consider your workers’ compensation claim out of time, but you will need to provide a very good reason for this time requirement to be waived.
However, even if you miss the time period for bringing your workers’ compensation claim, this will not stop you from being able to bring a Common Law claim for Damages to obtain full compensation for your work injury and the loss and damage you have sustained as a result of it. You have 3 years from the date of your work injury to bring a Common Law Claim, but be aware that this time period is strictly adhered to unless exceptional circumstances apply.
More information about Common Law Claims for Damages for work injury in Queensland is set out below.
Your Workers’ Compensation Claim Ends When Your Work Injury is Stable & Stationary
Your workers’ compensation claim will come to an end when your injury is determined to be “stable and stationary”. An injury is normally considered to be “stable and stationary”, when doctors advise that there is no more treatment reasonably available that will improve the work injury.
Once your doctors assess your injury as being stable and stationary, then the workers’ compensation insurer, whether WorkCover Queensland or a self-insurer, no longer has any obligation to continue paying your workers’ compensation benefits.
At the end of your workers’ compensation claim however, you can then look at bringing a Common Law Claim for Damages to obtain a lump sum compensation payment through the legal system, to compensate you for your work injury.
Common Law Claims for Work Injury in Queensland
There are actually two types of work injury claims available to all injured workers in Queensland, and this is not necessarily the case in other States and Territories in Australia, or under the Commonwealth Comcare Scheme.
In Queensland, when you are injured in the course of your work, you are entitled to bring a workers’ compensation claim, but where the injury has come about due to the wrongful act or negligence of your employer or a co-worker, then you will also have the right to bring a Common Law Claim to obtain compensation for your work injury and any loss and damage you have sustained because of it. This work injury claim is called a “Common Law Claim for Damages”.
A Common Law Claim is more commonly known as a law suit where you sue a party who, by their wrongful act or negligence has caused you to suffer injury, in order to receive compensation for the loss and damage you have sustained as a result.
It is only through a Common Law claim for Damages that you will achieve proper compensation for your work injury. Under a Common Law claim you are able to claim compensation for pain & suffering, loss of past and future income, loss of past and future superannuation benefits, past and future care and assistance, past and future medical expenses as well as interest on past lost income and expenses. These claims can only be made via a Common Law claim and not a workers’ compensation claim.
In Queensland, Common Law claims are usually brought after the workers’ compensation claim comes to an end, and at law, can only be brought at this time unless there is urgency involved, or the injured worker has not previously pursued a workers’ compensation claim for the work injury.
Making an Irrevocable Election – Workers’ Compensation Lump Sum Payment versus a Common Law Claim for Damages
Prior to bringing a Common Law claim in Queensland, an injured worker must make an election whether they wish to take lump sum statutory compensation. This lump sum compensation is a statutory entitlement available to workers who suffer permanent impairment due to their work injury.The worker must make a decision whether they wish to take the lump sum statutory payment offered to them by the workers’ compensation insurer or pursue a Common Law claim instead. Once the decision is made, it is irrevocable and you cannot go back on your decision.
It is very important to be aware that lump sum statutory compensation will not properly compensate an injured worker for the full loss they suffer due to a work injury. In 99% of cases, this will only be achieved by bringing a Common Law Claim for Damages. The difference to a worker can be $10,000 for a lump sum statutory payment compared to $400,000 pursuant to a Common Law claim. So if you make the wrong decision about an offer of lump sum compensation from the workers’ compensation insurer, you could lose significant compensation you are entitled to at law.
It is therefore imperative that you speak to a personal injury lawyer, expert in workplace injury claims, whenever you suffer an injury in the course of your work. Also time limits apply to Common Law Claims in Queensland, so you should also not delay in seeking legal advice about what your rights are.
Palmers Compensation Lawyers are No Win No Fee Personal Injury Lawyers and are experts in work injury claims. In fact, the Principal of Palmers Compensation Lawyers formerly worked for, legally represented, and was trained in work injury claims by, the leading workers’ compensation insurer in Queensland.
If you have sustained an injury at work, on your way to or from work or during a work break, then don’t delay in contacting us today. FREE call us on 1300 388 383, Chat with us online via our website LiveChat service, or have your case appraised by a Senior Lawyer by submitting one of our FREE Instant Case Appraisal Forms on our website. During your enquiry, we will be able to advise you of whether you have a worthwhile claim to pursue and how much compensation you are looking at receiving for your claim.
All enquiries are handled by a Senior Lawyer, are totally FREE of any charge, fully confidential and with no obligation attached. Our Senior Lawyer is also available to you 24 hours a day, 7 days a week.
Remember, time limits do apply to personal injury claims in Queensland, including work injury claims, so contact us today.