Workers Compensation Lawyers Cairns & Townsville
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, Townsville 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. To speak to one of our expert lawyers in Cairns, call 07 4052 0700, for Townsville call 07 4752 0200.
Common Law Compensation
You may be able to make a Common Law Compensation claim for damages that will cover any losses incurred due to 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.
Cairns Workers Compensation
07 4052 0700Townsville Workers Compensation
07 4752 0200Timeframes
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 is proudly Cairns owned and operated. Our workers compensation lawyers work on a no win, no fee basis.
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Workers Compensation Lawyers Cairns & Townsville
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.
Understanding the difference between making a claim to WorkCover for statutory compensation and making a common law claim is important. The statutory benefits claim is accepted by WorkCover as a matter of course, unless there are exceptional circumstances.
Statutory Compensation
In Cairns, Townsville 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 wages 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 to speak to a WorkCover lawyer. To speak to one of our expert lawyers in Cairns, call 07 4052 0700, for Townsville call 07 4752 0200.
Common Law Compensation
You may be able to make a Common Law Compensation claim for damages that will cover any losses incurred due to a work injury that another worker or your employer contributed to in some way. 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.
Getting the Right Support After a Workplace Injury
A workplace injury doesn’t just affect your body. It can put pressure on your finances, impact your mental health, and even disrupt your plans for the future.
Whether your injury was caused by equipment failure, poor safety procedures, repetitive strain, or a one-off accident, our workers compensation lawyers are here to help you know your rights and get to know the options available to you.
Why Legal Advice Makes a Difference
Too often, injured workers rely solely on WorkCover without realising they may be entitled to far more. That’s where working with workplace compensation lawyers gives you the opportunity of being guided through the legal process by an expert.
We don’t just fill out forms. We help you make informed decisions, identify what you’re owed, and guide you through the law of negligence .
Our lawyers for compensation will review your situation thoroughly and provide advice about whether a common law claim is possible. If you’ve already received a lump sum offer, we can explain the long-term impact of accepting it – and help you avoid being locked out of future entitlements.
Act Early to Protect Your Rights
Strict time limits apply when it comes to workplace compensation claims in Queensland. If you wait too long, you could lose the chance to pursue the compensation you deserve. By speaking to a work compensation lawyer as soon as possible, you give yourself the best chance of securing a successful outcome.
Not sure if you’re eligible? Our workers’ compensation attorneys can assess your claim at no cost – and provide clarity about your rights and next steps.
Throughout life, there are moments when it helps to have sturdy legal advice on hand – and not just when it comes to accident compensation and personal injury.
Our lawyers are workers’ comp professionals who work on a no win no fee basis
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If you have suffered an injury from a car accident, at work, in a public place in Queensland or you are unable to work due to a serious illness, you may be entitled to make a Total and Permanent Disability insurance claim via your superannuation fund. To find out more about the claims process in Queensland, contact us today.