In Queensland, we are lucky enough to be protected by laws that financially compensate our workers if they have been injured at work through no fault of their own. However, the legal system, time limitations and court system are confusing for most Queenslanders.
Filing a personal injury claim is no different.
The complex legal jargon, rigid time limitations and the courts process can make filing a workers compensation claim extremely difficult, especially if you are also trying to recover from your injury.
Having an expert workers compensation lawyer that handles your claim is invaluable and can often be the difference between a settlement that is right for your situation or not.
Do I need a workers compensation lawyer for an accident at work?
While technically hiring the services of a lawyer is not compulsory, you should always consider hiring a workers compensation lawyer as it is more often than not in your best interest.
Unfortunately, life can change in an instant. One day you’re walking into work and the next, you find yourself with a serious injury, medical costs stacking up quickly, and an unclear future. In these moments, the empathetic and professional advice of a lawyer will be invaluable.
There are two stages to a workers’ compensation claim in Queensland:
- Statutory Compensation Benefits
- Common Law Damages
During the initial stage, you are not required to provide fault and will be able to claim damages for the majority of your wages, treatment and rehabilitation.
If you are still unable to return to work, you may be offered a lump sum amount from WorkCover Queensland or your employer’s self-insurer. Do not accept this offer until you have spoken to a qualified personal injury lawyer, as you may be unable to claim further compensation in the future.
What can a workers compensation lawyer help me with?
In the common law damages stage, you will need to prove your injuries were the result of negligence of your fellow employee or employer.
This process is not straightforward and may be overwhelming, especially if you are trying to focus on recovery.
A workers compensation lawyer can, instead, handle every part of your claim, from the paperwork to court proceedings.
Do I still need a lawyer if I know what I need to claim for?
Each workers’ compensation claim is as unique as the person claiming it. Hiring a lawyer to represent you can directly affect how much compensation you receive. Calculating compensation is complex, and is dependent on things like:
- Employer’s lability – how they failed in their responsibilities, causing or contributing to your injury
- The seriousness and complexity of your injury
- Your past training and supervision
- Your own injury management
A qualified lawyer will be able to gauge the merits of your case and let you know whether filing a claim is in your best interests.
When should I get in contact with a workers compensation lawyer?
You should get in contact with a workers compensation lawyer as soon you can after your injury. However, always put your health first. Once you have received advice on your injuries, it is important you move forward once practical.
In all workers compensation cases, it is also important you report the incident to your employer as soon as possible.
Can I settle my workers compensation claim on my own?
You can attempt to settle a compensation claim on your own, but it is generally not in your best interest to do so.
This is because the compensation claims process is complicated, and an experienced lawyer will be able to consider your case from all angles. They will also be able to claim for things you may not realise, like:
- Medical costs required as part of your recovery and ongoing maintenance
- Rehabilitation costs
- Any lost wages due to time off work
- Permanent impairment costs
- Loss of future earnings
- Reduction in quality of life.
Why should I choose Gouldson for a workers compensation lawyer?
Gouldson can handle every step of the workers compensation claims process, from filing a WorkCover claim, all the way through the settlement of the Common Law Damages stage.
Our professional and empathetic lawyers will walk you through every stage of the claim, translating the legal jargon into everyday English that you will understand.
Plus, unlike most other personal injury lawyers in Queensland, Gouldson caps its fees at 30% of your settlement amount. Where other law firms may take up to 50%, Gouldson leaves more of your money in your pocket.