Your Trusted Workcover Lawyer in Brisbane

Workers Compensation and Personal Injury Lawyers – Albany Creek, Toowong and Noosa

Most of us spend more time at work than we do at home with our own families. The law recognises that workers are at a disadvantage when it comes to work activities and are reliant on employers to protect their health and wellbeing when at work or performing their work duties and to take reasonable steps to prevent accidents from happening.

WorkCover Queensland (“WorkCover”) is a Queensland State Government owned entity and is responsible for the majority of workers compensation insurance in Queensland. There are some large companies that engage their own self-insurance (for example Coles Group and Woolworths Limited).

The main goal for WorkCover Queensland and other insurers in this field is to get an injured worker back to work as soon as possible. Whilst this is a wonderful goal to aim for, it is not always realistic and experience says that unfortunately people who suffer from a work-related injury do not always make a full recovery. Often, injured workers are left without employment when their WorkCover claim finalises. This creates financial stress, uncertainty for the future. In these circumstances, injured workers seek to obtain compensation law legal services.

Lockett McCullough Lawyers Brisbane offer a range of legal services including workers compensation to assist in providing advice for people involved in a workplace accident or other type of personal injury legal services occurring in Brisbane and Queensland. We have offices in Albany Creek, Toowong and Noosa. However, we service all of greater Brisbane, Sunshine Coast, Gold Coast, Rockhampton and North Queensland. We also recognise that it is not always possible for you to come to us, so we offer to come to you and can consult with you in the comfort of your own home. We also offer hospital visits if this is required.

Contact our experienced WorkCover lawyers now for a no obligation consultation to assess your workers compensation claim.

What to do if you have an injury at work?

If you have been injured at work, it is important to: –

  1. Report the injury to your supervisor. This can be done verbally, but your employer most likely has a formal incident report protocol that you should complete;
  2. See your Doctor and get medical advice about your injury. Importantly, tell your Doctor that your injury happened at work and get a WorkCover medical certificate;
  3. Speak to WorkCover or your employers’ self-insurer.
  4. Get legal advice as soon as possible.

Am I eligible to make an Application to WorkCover?

In Queensland if you are involved in a work accident or suffer a work-related injury, to be eligible to make an application to WorkCover. To qualify for compensation from WorkCover, you must:-

  1. Be a worker (this could be a full-time worker, part-time worker, casual worker or in some cases a sub-contractor);
  2. have suffered a personal injury (a physical injury or a psychological/psychiatric injury or you have aggravated a pre-existing injury or condition);
  3. The injury occurred during the course of your employment; and
  4. Your employment is the “significant contributing factor”.

You could also be eligible to claim lost time off work and other medical treatment costs if your personal injury occurred on the way to or from your place of employment (called a “journey” claim). This often is the case if you have a car accident on your way to your usual place of employment.

If your injury is a pure psychological or psychiatric condition which has arisen due to work matters, there are additional hurdles that you must go through to have your application accepted by WorkCover. Your application may not be successful if your psychological or psychiatric injury has arisen due to “reasonable management action” taken in a reasonable way.

Types of Injuries

A work injury might be: –

  • Spine injuries (back and neck);
  • head or brain injuries;
  • broken bones;
  • upper and lower limb injuries;
  • whiplash and other soft tissue type injuries (such as tendon injuries);
  • eye injuries;
  • burn injuries;
  • Shock, anxiety, depression and other psychological or emotional injuries;
  • Aggravation of any pre-existing injury or illness.

What does WorkCover pay for?

After you have lodged an application to WorkCover Queensland and they accept your application, WorkCover Queensland will pay: –

  1. Payments for time off work as a result of your injuries;
  2. Costs medical treatment and hospital expenses;
  3. Rehabilitation expenses (ie physiotherapy, pharmaceutical, counselling expenses);
  4. Personal and Occupational therapy expenses.

If you lose your job or you are unable to return to your job as a result of your work injury, WorkCover can also offer benefits to help you return to work.

The Claims Process

To make an application to WorkCover Queensland or your employer’s self-insurer, you need to: –

  1. Report the injury to your employer;
  2. complete a WorkCover Claim form;
  3. Get a WorkCover medical certificate from your Doctor;
  4. Lodge the application and medical certificate with WorkCover.

Contact Details for WorkCover Queensland

If you have not made an application to WorkCover Queensland you can lodge your application online at WorkCover online system – Claim lodgement (workcoverqld.com.au) or alternatively you can contact WorkCover below: –

WorkCover Queensland

280 Adelaide Street

BRISBANE QLD 4000

Phone: 1300 362 128

What if my Application is rejected?

If your application for a WorkCover claim is rejected you should get in touch with our experienced workers compensation lawyers immediately.

There are strict timeframes in which to lodge any appeal to a decision to reject your WorkCover claim or another workers compensation insurer. The appeal stages are: –

  1. Application for Review [of the decision of WorkCover] to appeal the decision to the Workers Compensation Regulator (“WCR”);
  2. If that appeal is unsuccessful, you will need to file an Appeal in the Queensland Industrial Relations Commission (“QIRC”).

You have 20 business days to prepare and send the appeal application to the WCR from the date that you receive WorkCovers decision to reject your Application.

Assessment for Permanent Impairment

If your WorkCover claim is accepted, the legislation requires that your injury be assessed for a “permanent impairment”.

This is organised by WorkCover when your treating Doctors advise that: –

  1. You are fit to return to your pre-injury employment;
  2. You have exhausted all medical and rehabilitation measures and your injuries are “stable and stationary” (that is, that despite any the treatment and rehabilitation provided, there is nothing further available to improve your symptoms).

This does not normally happen before 12 months from your date of injury.

WorkCover will make an appointment with an “independent” medical examiner who will conduct an assessment (usually in person) of your injuries.

That medical examiner will then write a report to WorkCover and assign a percentage impairment to your injury or injuries. Psychiatric/Psychological injuries are assessed separately.

WorkCover will then send to you a “Notice of Assessment” which sets out the degree of permanent impairment assessed by the Doctors.

That DPI will either be: –

  1. Less than 20%; or
  2. More than 20%.

Based on your DPI WorkCover will make a lump sum offer based on the DPI percentage.

If your DPI is less than 20% you must choose between taking the lump sum offer and pursuing a common law damages claim (a negligence claim). If you choose to take the lump sum offer, you may be prevented from pursuing any common law claim for damages against your Employer and WorkCover in negligence.

This is an important step in the claim process and you should contact our personal injury and compensation lawyers for advice before you make a decision.

If your DPI is less than 20% you must make an election to either accept the offer which accompanies that assessment or pursue lump sum compensation. If your DPI is more than 20%, there are different processes and you should seek legal advice as soon as possible.

Contact our experienced WorkCover lawyers now for a no obligation free consultation to assess your workers compensation claim.

Workplace Injury Claim

You may be eligible to commence a WorkCover compensation damages claim against your Employer and WorkCover as a result of your injury if you can prove that your employer was negligent.

This process cannot be started until you receive a Notice of Assessment from WorkCover Queensland.

What types of compensation can you claim?

Compensation is designed to put the injured person into the position they were in but for their accident related injuries.

The types of damages you can claim for include: –

1. General Damages (Pain and Suffering)

This is compensation for the pain and suffering you have experienced as a result of your injury. This sum is dependent on the extent of your injury (ie is your injury categorised as minor, moderate, severe, extreme) and the level of permanent impairment assigned by the relevant expert medical practitioners who have conducted an assessment of your injuries during the course of your claim.

2. Compensation for lost income or loss of earning capacity (past and future).

If you were working at the time of your work-related injuries and you required time off work to recuperate from your injury – this is generally your claim for past loss of wages.

Future loss of wages or loss of earning capacity is assessed dependent on the consequence of your injuries on your capacity to work and how those injuries impact on your ability to perform your role or if they mreduce your capacity for work (ie you may only be able to manage less days/hours).

3. Compensation for loss of superannuation (past and future).

4. Compensation for Special Damages (or “out of pocket expenses) which may include things like: –

• Medical expenses;

• rehabilitation expenses like physiotherapy, chiropractic or counselling services

• Aids and equipment costs;

• Travel expenses;

• Pharmaceutical expenses.

Dependency Claims

Unfortunately, workplace accidents can result in the death of a loved one. Should this occur, your family (widow and children) may be entitled to statutory benefits from WorkCover. These types of matters are called “dependency claims”.

Also, if you were or you have young children who are dependent on the worker who has died you may be able to claim additional compensation including compensation for: –

  1. Loss of income support of the deceased worker;
  2. Costs of funeral expenses.

Contact our experienced WorkCover lawyer now for a no obligation free consultation to assess your workers compensation claim.

The Workers Compensation Claims Process (the Common Law Damages claim)

After you have received a Notice of Assessment from WorkCover and you decide to pursue personal injury compensation your lawyer will take steps to commence your claim.

A common law claim starts by completing a Notice of Claim for Damages (“NOCD”) form which is submitted to WorkCover and a copy sent to your Employer.

At this stage, WorkCover will engage lawyers to represent them and to manage the claim on behalf of WorkCover .

After WorkCover’s lawyers consider your NOCD, further investigations will happen which might include: –

  1. Obtaining your medical history;
  2. Obtaining your income and employment history;
  3. Obtaining details of your education and training including any on the job training with your employer;
  4. Depending on the circumstances your lawyer and WorkCover’s lawyers may need to conduct a site inspection with an expert OH&S engineer to assist in working out what happened. This is particularly the case where injuries happen involving machinery or work processes.
  5. Obtaining independent expert medical evidence. Usually this will be required by your own lawyers and the lawyers for WorkCover.

Once all of this evidence is available you, your lawyer and WorkCover’s lawyers will agree to participate in a Compulsory Conference. At this conference, the lawyers engage in negotiations in an effort to successfully resolve your matter.

The claims process in Queensland is complex and it is vital to obtain legal advice about your case as soon as possible

Contact our experienced WorkCover lawyers now for a no obligation free consultation to assess your workers compensation claim.

How long will it take?

The time that any legal claim takes to resolve is dependent on its own set of facts and circumstances. This might include considering: –

  • the nature and extent of your injury or injuries;
  • How long your injuries take to stabilise;
  • the complexity of any legal issues in your case (particularly around what happened);
  • the attitude of WorkCover or other insurer to your case.

Generally though, our personal injury lawyers expect that compensation claims take between 12 months – 2 years to resolve. This can be longer if your case needs to go to Court.

When to Lodge your Claim

There are strict time limits in which apply to all personal injury matters in Queensland generally.

You must submit an application to WorkCover or your employers for “statutory” entitlements within 6 months of the date of your accident and injury or from the date your symptoms started. If you have missed this time limit you may still be eligible to claim but you will have to provide a reasonable excuse to WorkCover .

Importantly, you must commence a legal claim for accident compensation within 3 years of the date of your accident. A failure to institute a legal claim in this timeframe may be a complete bar to bringing any legal claim against your employer.

Contact our experienced WorkCover lawyers now for a no obligation free consultation to assess your workers compensation claim.

Our Services

We can provide advice on any time of negligence claims including:

  • Superannuation, income protection and TPD claims;
  • Medical negligence;
  • Road and/or motor vehicle accident;
  • Work accident;
  • public liability accident;
  • Dependency actions;
  • Other personal injury or insurance claims (ie product liability);

Why Us?

We are a local law firm with offices in Brisbane and Noosa and servicing greater Queensland. We are small business and supporting small business means you will get a better and more personalised customer service and you will get to speak with a lawyer about your matter. We will assist you every step of the way in your personal injury claim.

No Win No Fee

Lockett McCullough Lawyers Brisbane offers “no win no fee” payment arrangements for any approved personal injury and compensation matters. This means that you pay nothing upfront for your legal fees or expenses in pursuing your compensation claim. “No win no fee” means that you don’t need to pay upfront and you do not need to pay us until you receive lump sum compensation.

In these approved cases, this will include your professional legal costs and expenses required to pursue your insurance claims (ie costs for expert medical evidence)

You can contact us and speak with one of our workers compensation injury lawyers for a free, no obligation consultation and find out how we can assist you and the prospects of success and it won’t cost you anything upfront.

Lockett McCullough Lawyers Office Locations

Our law firm is based in Albany Creek, Toowong and Noosa however our WorkCover lawyers we also service all of Queensland. We can offer phone consultations, video-conferencing or in-person consultations if this suits you on a “no win no fee” basis. If you can’t come to our office, we can come to you! We offer home consultations or hospital consultations. We can even meet you at your local coffee shop near your home.

Our office locations are:

Toowong Office
2 Bayliss St
Toowong
Brisbane QLD 4066
07 3870 8244
Albany Creek Office
721 Albany Creek
Albany Creek
Brisbane QLD 4035
07 3264 7692
Noosa Office
113 Poinciana Ave
Tewantin
QLD 4565

Contact Us

Our team of professional personal injury lawyers at Lockett McCullough Lawyers can offer a no obligation free consultation to discuss your compensation claims and how we may be able to assist in your personal injury law matter.

Enquire Now for Advice:

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