Workplace Injuries

If you have been hurt at work or have contracted an illness through work you may have a number of ways to obtain monetary compensation.

At Kerin Lawyers we will obtain for you the maximum amount of compensation you are legally, and fairly entitled to. Your case will be conducted by experienced Lawyers (not law clerks or unqualified people).

Injuries or illnesses caused or contributed to by work place incidents usually cause people significant worry and financial stress. It is important that as soon as you suffer an adverse workplace incident you call Kerin Lawyers and fill out the online enquiry form. Contact Kerin Lawyers as soon as possible as strict time limits apply for making a statutory compensation claims and common law claims.

As a result of an incapacity to work you may also be able to claim benefits on a sickness and accident insurance policy or benefits under your superannuation policy.

WHAT YOU SHOULD DO WHEN HURT OR SUFFERING AN ILLNESS DUE TO A WORKPLACE ACCIDENT / INCIDENT

  • Immediately report the incident to your boss or workplace supervisor. Don’t delay.
  • Get medical treatment as soon as possible
  • make a claim for WorkCover / workers compensation statutory benefits
  • contact Kerin Lawyers without delay to obtain advice on what your rights and benefits are.

Please use our online enquiry form so we can arrange to meet you. Kerin Lawyers has a policy of where necessary and possible doing in home visits to give you upfront legal advice.

Queensland WorkCover laws provide a statutory framework to pay compensation to injured workers. Illnesses cause through work such as industrial dermatitis, ‘black’ lung disease and asbestos are also usually covered.

The WorkCover payments come from a huge statutory insurance fund made up from insurance premiums paid by employers.

Your WorkCover benefits are paid from this fund. Your employer or boss (unless they are self-insured) is backed by this fund. Your benefits do not come out of your boss’ own pocket.

The Queensland WorkCover scheme is compulsory for all employers. Do not put off making a WorkCover claim by anyone suggesting your employer will be personally paying. The WorkCover statutory scheme is huge and operates under long standing legislation.

Contact us today on 1300 LAWYER or complete our online enquiry form to find out how we can help you through this difficult time.

FAQ

What you should do if your boss will not process your compensation claim.

Provided your work significantly contributed to injury happening you have rights to WorkCover.  You can contact WorkCover direct on 1300 362 128 to make a claim for weekly benefits and payment of medical expenses.

You must see your doctor and get a WorkCover medical certificate completed and forward that certificate to WorkCover direct.  Please keep copies of your WorkCover application and medical certificates.

What benefits are you entitled to?

Generally while you are medically certified as unable to work you will receive weekly wages and travel, medical and rehabilitation expenses.  The amount of weekly benefit may not equal your last pay packet.

Once your injury is stabilised (this does not mean you are necessarily back to your pre-injury health) WorkCover may have you assessed and offer you a lump sum for your work related permanent impairment.

At this stage you MUST get legal advice.

If you accept a lump sum offer you may forever lose your rights to make a common law claim for damages.

Do not accept a WorkCover offer without receiving legal advice.

What if my partner / spouse is killed at work?

Significant statutory lump benefits are available to the surviving partner / spouse and children.  How much is available depends on the circumstances.  You must get legal advice about WorkCover offers in these circumstances.  Contact Kerin Lawyers without delay for an appointment.

If negligence can be shown with respect to a death of a partner / spouse at work substantial common law damages may be received in addition to the WorkCover benefit.

Such cases may be complex.  The earlier a matter is started the better. 

What is a common law damage claim?

A common law damage claim is a law case which seeks to recover monetary compensation over and above any WorkCover statutory benefit.  Negligence – a breach by tan employer of a duty of care owed to a worker – must be established on the balance of probabilities for a case to succeed.  Each case is individual.  No two cases are identical.  The amount of damages varies from case to case and each depends on its own facts.

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