As a worker, you have the right to demand safe working conditions without chances of injury or death. The employer is responsible for ensuring safe working conditions like the work environment, equipment and infrastructure.
Most employers in Brisbane and Queensland have WorkCover insurance, which covers the workers’ treatment, rehabilitation, and other injury-related costs. However, injuries caused due to sheer negligence are eligible for a common law claim.
You should contact an experienced law firm in Brisbane if you have suffered work-related injuries because of unsafe work practices. You should file the claim through your lawyer as it will cover your treatment, rehabilitation, general damages costs, and your past and future income losses.
According to a report by the Queensland workers’ compensation scheme statistics, common law claims in Brisbane, Queensland, increased by about 7.7% between 2020 to 2021, with the average damages cost amounting to almost 172,472 AUD.
But why should you seek the services of a law firm, and in what ways can they help you? What are some other details regarding this topic you will find helpful? Read on to find out.
Why should you make a common law claim?
It is important to make a common law claim if you have faced injuries at the workplace because of your employer’s negligence. In most cases, your employer will dissuade you from making this claim and instead offer to bear your treatment costs under the WorkCover insurance (mandatory for all employers in Queensland).
You will need an experienced lawyer in such cases because they involve plenty of complications, and you might not receive the benefits you are entitled to.
When can you demand workers’ compensation?
Common injuries that entitle you to workers’ compensation include injuries to the back, neck, spine, shoulder, knee, head, brain, and repetitive strains. Cuts, lacerations, trauma, broken bones and burns also qualify for compensation.
Process of making the claim
Your lawyer will handle the entire claims process. They will submit a notice of claim for the damages that occurred, stating in detail your employer’s negligence which led to the accident.
According to the Queensland Government’s rules, the time limit for appealing to a court is three years from the date of your injury. In cases where you haven’t received the Notice of Assessment from WorkCover, you can submit your Notice of Claim for Damage after three years.
Your lawyer will fill out the required details in the document and submit it. You can even ask them to include additional injuries (if any) that you didn’t mention in the original claim. You should apply within six months from your injury or when you first began to feel its effects.
Some information regarding statutory appeals
Another type of claim you should know about is statutory claims. It is a no-fault, temporary benefit that entitles you to weekly benefits like weekly income payments, rehabilitation expenses, medical treatment costs, and a one-time payment for permanent disability.
However, you will not receive compensation for future income loss or treatments.
What happens after you file an appeal?
Both parties can resolve the matter by going to a Federal Court in Queensland or pre-proceedings. The pre-proceedings stages involve an investigation, informal negotiations, and a compulsory conference, followed by a final offer.
If you find the offer unsatisfactory, you can ask your lawyer to go to trial. Your lawyer will represent you in the court proceedings and carry out negotiations between you and your employer. They will submit the necessary documents like prior employment records, past tax returns, witness statements, and training records.
You will be awarded compensation if your attorney can convince the court that your employer flouted safety norms, which led to your injury. You might have to wait six weeks to receive the compensation amount.
You should contact a law firm in Brisbane if you have been injured at work because of your employer’s negligence. They should compensate you adequately for the mental and physical damages and the income loss caused by the injury.
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