WORK ACCIDENTS
If you have suffered an injury from an accident whilst working you are likely to be entitled to claim workers compensation benefits.
In Queensland, employers are required to have workers compensation insurance in place for their employees. The insurer is often Workcover Queensland. But some employers (only large enterprises) are permitted to insure themselves (known as a self-insurer). They all act in the same capacity and generally have the same responsibilities.
There are two avenues by which you can access workers compensation:
- a statutory claim for compensation – this is the claim you would usually make soon after an accident.; It provides quick access to benefits. You can recover weekly benefits (lost wages), medical expenses and the like. It is also a no-fault scheme – so you are entitled to these benefits regardless of who caused the injuries, even if it is your own fault. But your benefits will cease once you are no longer under a medical certification (even if you have some ongoing problems) or the insurer makes a lump sum offer. You may be entitled to a lump sum offer (depending on the severity of your injuries) which is calculated under the legislative regime;
- a common law claim – in these types of claims the amount of compensation recovered is usually much more substantial and more directly related to your actual circumstances. You are able to seek your actual loss of earnings not only for the past, but also the future. You can also recover future expenses (for surgery and treatment etc). However, under this avenue you do need to establish some fault or negligence of your employer (even if partial) to succeed.
It is incredibly important to note that if you accept a lump sum payment under the statutory regime, you lose all rights to pursue a common law claim. On many occasions, accepting the lump sum would significantly deprive you of proper compensation, which you should have been entitled to.
Before accepting any lump sum payment you should contact a solicitor to discuss your options so you can make an informed decision about the best way to proceed.
This area of law, and the amount of injury compensation you are likely to receive, is complex and involved if you are unfamiliar with the law. So call now and speak to one of our experienced personal injury lawyers who can help guide you through your options.
Strict time limits apply to this area of law, so do not delay or you may lose your rights.
For a free initial, no obligation, discussion with one of our expert personal injury lawyers please call us or click on the Enquiry button.
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