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 compensation benefits.

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 Law. 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 Pay and low-cost basis, which means you don’t have to pay our legal fees unless we win your claim at the end. Our focus is on providing you with the best possible financial outcome, this is why we cap our fees at a much lower rate of 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 set 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:

  1. Statutory benefits compensation claims
  2. Common law claims. These are for employees to seek common law action through the courts.

About the statutory claims phase

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 cover eventually comes to an end when you no longer need medical treatment and/or return to work.

What happens if I can’t return to work?

If you can’t return to work due to the severity of your injury 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.  Your benefits under Workcover or insurance will also cease.

About the Common Law claims phase

The Common Law damages phase requires you to prove that your injuries occurred because of your employer or someone 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.

FAQ's

Do I have a viable claim?

If your employer has failed to provide a safe workplace, equipment, system of work or adequate training and supervision, or if a co-worker caused your injury, you may have rights to pursue a common law damages claim in Queensland.

Travis personally offers a complimentary initial consultation  to assess your claim, advise you on your rights and answer any questions that you have (including help dealing with WorkCover during the statutory phase of your claim). As well as charging no fee, there is absolutely no obligation to proceed after the initial consultation.

Is my employer required to pay any damages if my claim is successful?

No. Claims are made against WorkCover Queensland or some limited cases, a self-insurer.  

An employer only has a statutory excess to pay, though a claims history can affect premiums paid by the employer in future years.

What can I claim for?

You may be entitled to recover damages for heads of damage that include your pain and suffering, past and future loss of income and superannuation, past and future medical, rehabilitation and other “out of pocket” expenses and some paid assistance.

How much compensation am I entitled to?

Each and every case is different and can only be accurately assessed once all medical and other evidence is to hand. Travis Schultz is an expert in this field and will make sure that you claim everything that you are entitled to.

How long will it take to settle my claim?

While each case is unique, there are four main factors that can influence the time taken to assess and process your claim. These include the extent and complexity of your injury, the number of parties involved, the availability of evidence to support your claim and the statutory claim process. Most claims resolve and only a very small percentage of cases ever end up in a court.Having an experienced specialist handling your claim will ensure that time is never wasted and is can be finalised as efficiently as possible and give you the best result that circumstances permit.

Will I have to attend court?

In the majority of cases, claims are settled through negotiation or at a settlement conference or mediation. Less than 1 or 2 percent of claims need a Judge to decide them. If our clients want their day in court, then that’s what they get; but if a resolution is desired then that’s what we will use our experience and skill to strive for.

More information on Travis Schultz Law

Travis Schultz Law have specialist No Win No Pay lawyers who will help you understand your rights and pursue a claim on your behalf.

The below links contain further information about us.

 

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Travis Schultz Law also have accredited specialist in personal injury law in Queensland:

Personal Injury Accredited Specialist

Travis Schultz

Acc. Spec. (Pers. Inj) – Qld

Principal