Workers compensation is designed to help you if you have been injured in any way during the course of your work.
Whether you have sustained a physical injury such as broken bones or psychological injury due to stress or bullying, you may be able to claim compensation to cover your wages, medical and rehabilitation costs and other types of losses.
Your particular needs are our focus and our service is always personalised to your situation. There is no handballing between less qualified junior staff at Travis Schultz & Partners. We allocate one of our highly experienced compensation law specialists to you to get the best possible outcome and get you back on track.
We act on a No Win / No Fee and low-cost basis (compared to industry standard), which means you don’t have to pay our legal fees unless we win your claim and then only at the end. Our focus is on providing you with the best possible financial outcome, which is why we cap our fees at a much lower rate than many of our competitors.
What do we mean by low costs? Most law firms abide by the government set cap on professional fees of 50% of a settlement. But not us. We charge only on the government set Federal Court Scale and just add GST, setting a much lower cap of one third of the settlement. That means our clients end up with more in their pocket, like they deserve.
Workers compensation process in Queensland
No two work-related injuries or accidents are the same as everyone’s situation is unique.
If you have been injured at work or because of the work you were doing, there are two types of claims:
- Statutory benefits compensation claims
- Common law claims, which allow damages to be recovered where an injury was suffered due to an employer’s negligence.
About statutory claims
The first statutory phase allows WorkCover Queensland, or your employer’s chosen insurer, to cover the majority of your wages, medical treatment and rehabilitation expenses in the no fault system. There is peace of mind as you and your employer do not need to be concerned about fault. The entitlement to benefits eventually comes to an end when you no longer need medical treatment and/or return to work, or your injuries are thought to be “stable and stationary”.
What happens if I can’t return to work or have a permanent impairment?
If you can’t return to work due to the severity of your injury, or have a permanent impairment, there could be an offer made from WorkCover or your employer’s chosen insurer offering a lump sum compensation payment based on an assessment of the severity of your injury. Act with caution and seek legal advice before accepting any offer of a lump sum as it may prevent you from making a Common Law Claim. If you accept the lump sum offer, your benefits under WorkCover or insurance will also cease.
About the Common Law claims phase
The Common Law damages phase commences after you have received a lump sum offer from Workcover (or the self insurer) and requires you to prove that your injuries occurred because of the breach of duty of your employer or somone under the control of the employer’s negligence.
Proving responsibility is not typically straight forward and requires the expertise of a compensation lawyer to ensure that every possible angle is considered before you proceed with a Common Law claim.
Workers compensation claims processes can be stressful, and we will do our very best to explain what’s going on simply and clearly and to guide you toward the best possible compensation outcome.
The types of workers compensation claims we can help with include:
If you were injured by machinery, fell or hurt yourself anywhere on the body while working with machines.
Injuries you sustained working on construction sites, in the mines or on our roads.
If you were burned or electrocuted while working.
A back injury or any other physical injury you experienced in the workplace or in association with your work duties.
If you were injured while travelling to or from work or attending meetings or partaking in other work-related duties at other locations.
If you have been bullied or harassed in the workplace or experienced other forms of psychological injury or mental distress in the workplace or in connection with your work duties.
If the accident caused the death of your spouse or someone you depend on financially, you could be eligible to submit a claim for funeral expenses and loss of dependency.