Legal Guide

What Is A Workers Compensation Claim?

A workplace accident claim is initiated following a work-related injury. They are intended to protect workers from losses of income and to provide a clear path through the process of rehabilitation and recovery. Workers’ compensation claims apply to casual, part-time, and full-time employees as well as some sub-contractors and self-employed individuals depending on the conditions of your employment status. Workers’ compensation claims can be made irrespective of where the injury took place, meaning that a work-related injury while working from home may also provide grounds for compensation.

What Workplace Injuries Qualify for Compensation?

The exact definition of what kind of injuries this includes is rather extensive. To be eligible to make a workers’ compensation claim, your workplace injury could be a physical injury, a work-related disease, a psychological disorder, an aggravation of a pre-existing condition or in the worst-case scenario, fatal injuries that lead to death.

If you have been injured at work or have developed a work-related injury, you may be entitled to a workers’ compensation claim. The legislation varies from state-to-state, but in Queensland there are two different types of claims for compensation that an injured worker can make. These are known as Statutory Benefits claims and Common Law claims.

What are Statutory Benefits Claims?

Statutory Benefits Claim are available to claim regardless of fault. This is a common misconception in workers’ compensation claims, where injured workers believe that to receive compensation the employer must be found at fault. This is not necessarily the case. Lodging a successful Statutory Benefits claim with WorkCover QLD entitles an injured worker to claim compensation for loss of wages, medical expenses, rehabilitation and a lump sum for permanent impairment that resulted from a workplace injury. This claim is not dependent on your employer being at fault and is time-sensitive, meaning you must begin the claims process within 6 months of receiving your work-related injury.

What are Common Law Claims?

Common-Law claims are tailored towards individuals whose injuries were caused as a direct result of the negligence of an employer. If an employer fails in their duty of care and it results in injury, you may be eligible for claiming both Statutory Benefits and Common Law claims. Commonly, the compensation provided from a Common Law claim will be significantly larger than a Statutory Benefits claim.

What do I do if I have been injured at work?

As detailed above, it is worth making a claim for compensation if you have suffered a work-related injury. Whether it be a Statutory Benefits claim or a Common Law claim, your rights as a worker allow for you to focus on recovery so that you can return to work.

It is very important that you record any relevant information about your injury if you are planning to put forth a workers’ compensation claim. Keep a record of any expenses, important dates, and any other relevant information. As already mentioned, these claims are time-sensitive, so make sure not to delay. 

By contacting lawyers that specialise in workers’ compensation and personal injury claims, you can ensure that you are getting the best possible help while navigating the tricky claims process. At Workcover Helpline, our mission is to help Queenslanders receive their dues after workplace injuries. If you’re interested in making an enquiry with our team, you can contact us today.

More to Read: