Workers Compensation Lawyers Cairns

No matter who is at fault, if you have been injured at work you have the right to statutory compensation through WorkCover’s no-fault scheme.

It is important to understand the difference between making a claim to WorkCover for statutory compensation and making a common law claim. The statutory benefits claim is accepted by WorkCover as a matter of course, unless there are exceptional circumstances

Statutory Compensation

In Cairns and the rest of Queensland, it is compulsory for all businesses to have workers compensation insurance through WorkCover. If you have been injured at work and make a claim, WorkCover will generally cover your medical expenses and help cover your wage for a limited period if you are unable to work. Even if the injury at work was the worker’s fault, every worker is entitled to claim through WorkCover.

Statutory compensation benefits through WorkCover will usually pay you between 75% and 85% of your wage, depending on the amount of time you are unable to work. These benefits are only paid for a limited period.

A “whole person impairment assessment” will be completed at the end of this period. This assessment is completed by a WorkCover doctor who reviews the nature and the extent of your injuries. They will also assess the impact the workplace injury may have had on you. This will help them evaluate and determine a percentage rating.  Following this assessment, a Notice of Assessment will be issued which generally includes a statutory lump sum offer from WorkCover.

It is important to note that if you accept this offer, you will be barred from proceeding with a common law compensation claim.

Before you accept any offer, we advise you speak to a WorkCover lawyer in Cairns, call 07 4052 0700 to speak to one of our expert lawyers.

Common Law Compensation

You may be able to make a Common Law Compensation claim for damages that will cover any losses incurred as a result of a work injury that was contributed to in some way by another worker or your employer. This can include:

  • Loss of past and future earnings
  • Loss of superannuation
  • Past and future medical expenses
  • Medical aids
  • Care and assistance costs

When making a common law compensation claim an assessment will be undertaken by WorkCover or a workers compensation lawyer to consider these various categories, and an allowance is made for each one.

Timeframes

Statutory claims made through WorkCover are typically completed within 20 days of lodging your paperwork. At this point you should receive a decision on your WorkCover claim. 

Common law claims will take a little longer. If you can reach an agreement outside of court, the process usually takes around 12 months, however, if the claim goes to court, this can extend the timeframe significantly and you will need a workers compensation lawyer.

Legal Advice

Before accepting an offer from WorkCover, it is strongly advised that you get legal advice from a workers compensation lawyer. Preston Law are proudly Cairns owned and operated. Our workers compensation lawyers work on a no win, no fee basis.

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Frequently Asked Questions

What happens to my employer?

If you make a claim for compensation, any payments will be covered by your employer’s worker’s compensation insurer. Your employer should not treat you unfairly because you have decided to make a claim.

How much will a workers compensation claim cost?

We work on a No Win No Fee basis, meaning that if your claim is unsuccessful, you do not have to pay anything.

Every claim is different and will require varying degrees of evidence and evaluation. Our workers compensation lawyers will provide an estimate after the initial consultation and provide regular updates as to costs incurred.

What types of work accidents are covered?

Our team of workers compensation lawyers have successfully helped claimants across a wide range of incidents. These can happen in any industry or occupation, and can include:

  • Accidents caused by machinery
  • Manual handling accidents
  • Slips, trips and falls
  • Accidents caused by falling objects
  • Repetitive strain injuries
  • Exposure to trauma
  • Bullying and harassment
  • Faulty equipment
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