WorkCover and Workers' Compensation Lawyers Cairns

Cairns-owned and operated workers' compensation lawyers

icon_workplace

WorkCover Lawyers Cairns

No Win No Fee Lawyers. No Hidden Costs.

If you have suffered an injury at work or your WorkCover claim has been rejected, get in touch with us today to discuss your options.

If you have suffered an injury at work or your WorkCover claim has been rejected, get in touch with us today to discuss your options.

If you sustain injuries in a workplace accident, you can initiate a WorkCover compensation claim. WorkCover, the Queensland Government-owned insurer, extends insurance coverage to nearly every employer in Queensland. This coverage aims to compensate individuals who suffer injuries at work. This includes all work related injuries even commuting to and from work in Queensland.

Our Cairns Injury Lawyers can help you with your work injury or illness claim.

Workers’ Compensation Queensland is generally broken into two categories:

  1. Statutory Compensation; and
  2. Lump Sum or Common Law Compensation.

Statutory compensation is payable irrespective of whether the injured employee was at fault for the accident. This payment can cover part of your wages while you’re off work getting medical treatment or recovering. You can also cover any potential treatment costs associated with an injury.

Lump sum or common law compensation is only payable by WorkCover in specific circumstances. Either the employer or another worker caused or helped cause the incident that led to the injury.

A strict and complex system dictates how to make work injury claims. Contact our injury lawyers if you or someone you know suffered an injury at work or while commuting. They will provide a free assessment of your claim.

If you have received an offer from WorkCover, we strongly recommend you get legal advice before accepting it. 

For more information about the WorkCover claim process, please see our frequently asked questions below, or contact our Cairns office.

icon_workplace

Call us for a free over the phone or face to face consultation

qls-logo
icon_question

Frequently Asked Questions

How much compensation will I be entitled to?

The amount of compensation you are entitled to depends largely upon whether you are making a statutory claim for compensation or a common law lump sum claim.

If you’re eligible for statutory compensation, you’ll receive payment for lost wages, medical costs, and a cash sum based on a statutory formula.

If you accept the cash sum, you cannot proceed with making a common law claim. We encourage everyone who receives a cash offer to urgently obtain legal advice before accepting or rejecting the offer.

Employees may be entitled to more compensation if they can show that their employer was at fault for their injury. Under this form of lump-sum compensation, a worker is entitled to monetary compensation for:

  1. Their pain and suffering;
  2. Loss of wages and superannuation (plus interest) from the date of their injury to the date they receive compensation;
  3. Any likely future loss of wages and superannuation;
  4. All past and future medical costs;
  5. In certain cases, an amount for the time that family or friends have spent helping care for the injured worker; and
  6. Legal services and costs (but on a limited basis).

Contact our personal injury lawyers, for a no-obligation free initial claim assessment to see if you are entitled to compensation.

What is the process for making a claim?

Deciding whether you intend to pursue a claim for benefits or common law lump sum benefits is the first step in the claims process. This determines which application forms and steps needed for getting the most compensation as quickly as possible

Claiming Statutory Compensation

In the case of statutory insurance, there is a relatively simple form which is available from WorkCover’s website that needs to be filled out as soon as possible after the injury is sustained or comes to your attention. Remember that some injuries can occur over time, such as repetitive strain injuries, without a specific incident. Once the form is filled and submitted to WorkCover, they will generally accept the claim and commence paying statutory benefits immediately. In the event that WorkCover rejects the form or ceases the payment of statutory benefits, you will need to seek urgent legal advice to understand what rights of review you have in respect of WorkCover’s decision to reject or cease paying compensation.

Claiming A Lump Sum Compensation

The process of claiming lump sum compensation commences upon completion of a Notice of Claim via the approved form. The Notice must be submitted to WorkCover within three years of the date of injury being suffered. Only in limited circumstances, will this time period vary.

Once the Notice of Claim is submitted, WorkCover will typically appoint one of its panel lawyers. The panel lawyers will investigate the circumstances described in the Notice of Claim.

Within six months of receipt of the Notice of Claim, WorkCover will provide a formal response to the worker’s Lawyer. This response will advise whether WorkCover accepts or denies liability for the claim or accepts liability in part.

Once WorkCover’s response has been received, the injured person will undertake one or more independent medical examinations. A qualified medical practitioner will conduct these to report on the nature of the injuries. In conjunction with obtaining independent medical evidence, our compensation lawyers help you to collate all information relevant to the claim such as:

  • Medical records;
  • Financial documentation;
  • Out of pocket expenses; and
  • Statements and advice from colleagues, witnesses and firm members.

Generally, statements and advice cover the circumstances of the accident, the nature and extent of the injuries that our client has suffered. They can also include the impacts that the injuries have had on our client’s day to day life.

After obtaining all medical evidence and relevant information, a compulsory conference is usually held. This is an opportunity to present your case to WorkCover’s lawyers and negotiate a settlement.

If negotiations are successful (our success rate is over 85%), an appropriate amount of compensation will be agreed, and you will enter into a Deed of Settlement with WorkCover. Compensation is then generally paid within 30 days.

On the rare occasion that a claim is not settled at the compulsory conference, the next step is to commence legal proceedings in the appropriate Court and engage in mediation.

Mediation is similar to a compulsory conference in that it is a formal meeting between WorkCover’s Lawyers and your team. They generally include a Barrister retained on your behalf. During mediation you will seek to further negotiate an appropriate payment to compensate you for injuries that you have suffered.

Compulsory conferences and mediation differ because an independent senior Barrister, usually a Queen’s Counsel, oversees mediation. The Barrister is engaged by both WorkCover and you to act independently. Their goal is to seek to broker a negotiated settlement of your claim.

As of 30 June 2017, all our client’s claims have been resolved either through mediation or before going to trial. If a claim doesn’t settle at a conference or mediation, it will go to trial before a Judge. The Judge will ultimately determine whether WorkCover is liable to compensate you and, if so, how much compensation you are entitled to.

Claiming Statutory Compensation

The WorkCover website has a simple form that must be filled out as soon as possible after an injury is sustained or discovered. Remember in some cases, injuries can be caused over a period of time, such as repetitive strain injuries, that will not necessarily be attributable to a specific incident. 

Once the form is filled out and submitted to WorkCover, WorkCover will generally accept the claim and commence paying statutory benefits immediately.  If WorkCover rejects your claim or stops paying benefits, you will need to get legal advice to understand your rights to review their decision.

Claiming A Lump Sum Compensation

The process of claiming lump sum compensation commences upon completion of a Notice of Claim via the approved form. The Notice must be submitted to WorkCover within three years of the date of injury being suffered, or, in limited circumstances, another period of time.

Once the Notice of Claim is submitted, WorkCover will typically appoint one of their panel lawyers to investigate the circumstances described in the Notice of Claim.

Within six months of receipt of the Notice of Claim, WorkCover will provide a formal response to the worker’s Lawyer. This response will advise whether WorkCover accepts liability for the claim, denies liability for the claim, or accepts liability in part.

Once WorkCover’s response has been received, the injured person will undertake one or more independent medical examinations. These will be conducted by a qualified medical practitioner to report on the nature of the injuries.  In conjunction with obtaining independent medical evidence, our compensation lawyers help you to collate all information relevant to our client’s claim such as:

  • Medical records
  • Financial documentation
  • Out-of-pocket expenses; and
  • Statements and advice from colleagues, witnesses and firm members.

Generally, statements and advice cover the circumstances of the accident and the nature and extent of the injuries that our client has suffered. They can also include the impacts that the injuries have had on our client’s day-to-day life.

Once all the independent medical evidence and all relevant information and documentation has been obtained and disclosed to WorkCover, a compulsory conference will generally be convened. This can either be done directly or via a Barrister. The purpose of the compulsory conference is to present your case to WorkCover’s Lawyers with a view to seeking to negotiate a suitable settlement.

If negotiations are successful (our success rate is over 85%), an appropriate amount of compensation will be agreed upon, and you will enter into a Deed of Settlement with WorkCover. Compensation is then generally paid within 30 days.

On the rare occasion that a claim is not settled at the compulsory conference, the next step is to commence legal proceedings in the appropriate Court and engage in mediation.

Mediation is similar to a compulsory conference in that it is a formal meeting between WorkCover’s Lawyers and your team. They generally include a Barrister retained on your behalf. During mediation, you will seek to further negotiate an appropriate payment to compensate you for injuries that you have suffered. 

The major difference between a compulsory conference and mediation is that mediation is supervised by an independent senior Barrister (often a Queen’s Counsel). The Barrister is engaged by both WorkCover and you to act independently. Their goal is to seek to broker a negotiated settlement of your claim.

As of 30 June 2017, all our client’s claims have been resolved either through mediation or before going to trial. That said, if a claim does not settle at either a compulsory conference or mediation, the matter will progress to trial before a Judge. The judge will ultimately determine whether WorkCover is liable to compensate you and, if so, how much compensation you are entitled to.

Is there a time limit for making a claim?

Yes!!!

Strict time limits apply to making a worker’s compensation claim. You must file a worker’s compensation claim within three years of the accident or injury. In some cases, it can be very difficult to ascertain precisely when an injury is suffered as some injuries (such as repetitive strain injuries) occur over a period of time. In these circumstances, the three-year period starts from when you first see a doctor about the injury.

How much does it cost to make a claim ?

Cairns Compensation Lawyers take all workers’ compensation claims on a no-win no-fee basis. This means that we will not charge you anything upfront, but we will also pay any costs associated with your claim. We will cover expenses such as independent medical report costs and disbursements such as Barristers (if they will not act on a no-win no-fee basis) or expert reports.

If your claim is successful, fees are determined by the amount of work and time spent on the claim by our team. Prior to every resolution event (such as a compulsory conference and/or mediation), we provide you with up to date costs. This will assist you in making decisions regarding any offers made and to understand how much you will have in your “back pocket”.

How long does it take to make a claim?

It takes us, on average, twelve months from our first meeting with a client to having a compulsory conference where most claims are settled. In rare cases or in circumstances where our client has suffered very significant injuries, this process can take longer. Our lawyers’ experience means we are generally able to give you an assessment of how long we think the process will take at our initial meeting.

Is stress leave covered by WorkCover?

If you are suffering from work-related stress, you may be entitled to compensation either through WorkCover or through a Common Law Lump Sum claim. To be successful in making a claim, you need to be able to prove you have a work-related psychological injury such as stress, anxiety, depression, or post-traumatic stress disorder.

Contact our personal injury lawyers for a no-obligation, free initial claim assessment to see if you are entitled to compensation.

I’m a casual worker, am I covered by WorkCover?

Yes. Casual workers have the same legal rights as permanent employees when it comes to making a WorkCover claim. Whilst you may face more job uncertainty, if you injure yourself and are unable to work, you have the same protection via WorkCover. Talk to our compensation lawyers in Cairns to understand what you could be entitled to.

Speak to Tim or Meegan now on

Or Alternatively

Please fill out the form below and we will call you back to organise a meeting with your own Lawyer, so that they can guide you through the process of making a claim.

Name(Required)
This field is for validation purposes and should be left unchanged.