What is workers’ compensation accident claim?

All employees in Queensland that work for a Queensland employer (some employers may not be included depending on the working jurisdiction and arrangements), is legally entitled to apply for workers’ compensation if they are injured at work, usually through WorkCover Queensland or in some other instances, through the employer’s self-insurer. All employers who employ staff in Queensland must have a valid work accident insurance policy.

 What injuries are covered?

Queensland employers are required to cover loss for employees who sustained a work-related injury or illness including but not limited to psychological, psychiatric, and physical injuries such as lacerations, burns, fractures, lung diseases such as silicosis, industrial deafness, aggravation of pre-existing condition or death caused by injury or disease.

What can be claimed?

If you have been injured in a workplace accident, its likely you will incur out-of-pocket medical expenses for surgeries, rehabilitation, medications, travel and, in some instances, loss of income due to not being able to work.  The coverage extends to both no-fault statutory claims and at-fault damages claims.

Common Law Claim for Damages

If you can prove fault on the employer for causing your injury that was reasonably foreseeable due to the negligence of the employer, then you will likely be entitled to make a common law claim for damages for that injury. A common law claim for damages entitles an injured worker to seek more options for compensation. Not all injured workers are entitled to make a common law claim for damages. As such, its critical you obtain legal advice about your rights.

What to do if I am injured at work and how to report my injury?

If you are injured at work, it’s essential to notify your employer of your injury and how the injury occurred. Once you have notified your employer of your injury, then they should complete an incident report about the injury.

You should also attend to your general practitioner or hospital to report your injuries and be medically assessed to determine whether further medical investigations are required and if you are fit to return to regular duties. You should also ask your general practitioner to complete a Workers’ Compensation Medical Certificate for you for the injuries you have sustained. You should provide a copy of the Workers’ Compensation Medical Certificate to your employer, and a copy should also be given to WorkCover Queensland (not unless a self-insurer applies).

If you have sustained a work-related injury, it’s crucial to obtain legal advice about your rights.