If you suffer an injury at work you should be entitled to WorkCover to ensure that your wages and medical expenses are met if your injuries force you to stop working. WorkCover Queensland and certain self-insurers exist to meet your wages and medical and rehabilitation expenses.
If you do suffer an injury at work the first thing you should do is notify your employer and ensure that an Incident Report is completed setting out your version of how your injury occurred. You should then attend your Doctor to obtain a WorkCover medical certificate and this can be lodged with your WorkCover Application to begin your claim.
Generally, WorkCover will accept your claim but if your claim is rejected by WorkCover you should seek immediate legal advice as you do have a right to have WorkCover’s decision reviewed by The Regulator. A lawyer can assist with this.
If your claim is accepted by WorkCover this is known as a statutory claim. This is a no-fault process and you can receive WorkCover no matter who caused your injuries. At this stage, WorkCover should cover your wages, medical and rehabilitation expenses and some other expenses.
Eventually, WorkCover will look to finalise your statutory claim and this is normally done by WorkCover arranging for you to attend a Doctor who will determine if you have reached maximum medical improvement and what if any permanent impairment you have suffered as a result of your injuries. In some claims, the Medical Assessment Tribunal will determine these issues.
When WorkCover receives the report of the Doctor it will issue to you a Notice of Assessment. This is a very important document and you should always seek legal advice regarding the Notice. The Notice will set out your injuries, your impairment in percentage terms and may offer you a lump sum of money.
Generally, if you accept the lump sum of money in the Notice that stops your claim for all time and prevents you from pursuing a common law claim which is a claim that allows you to seek from WorkCover a larger amount for pain and suffering, future lost wages and other amounts.
The common law claim is a fault-based process, that is, you must prove that your employer was negligent. This can be easy to determine but sometimes it needs to be carefully considered.
No Win No Fee Lawyer Brisbane and Beyond
The WorkCover process is very complicated and you should seek immediate advice from a lawyer if you are injured at work. Your Claim Lawyers will be on your side and will guide you through the entire WorkCover process and assist you every step of the way.
We are a no win no fee lawyer Brisbane and beyond and will act in your WorkCover claim on a no win no fee basis.
Please call Your Claim Lawyers on 1800 968 725 or 0400 839 314 for a free initial consultation with a no win no fee lawyer Brisbane.