How can I establish that my workplace injury was the result of employer negligence?

When you have sustained a workplace injury, establishing employer negligence is only necessary when you file a WorkCover common law claim for damages. As we discussed in our last post, filing a WorkCover statutory compensation claim under the “no-fault” scheme is always the first step in claiming compensation for a work related injury in Queensland. After […]

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My insurer doesn’t want to pay part of my personal injury claim because they believe I have some ‘residual earning capacity’, the problem is that there aren’t any local job opportunities. Can the insurance company refuse to compensate me because of this?

If you seek compensation for a personal injury, one of the key factors in determining quantum (the dollar figure amount of compensation) is your ability to obtain other work, whether it be in your pre-injury type role or otherwise. This is known as “residual earning capacity” and it refers specifically to your personal capabilities in […]

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My husband was the main income provider for my family but he was killed in a workplace accident; can you please explain ‘death dependency claims’?

Legislation is in place to help protect the interests of those who lose a person on whom they were financially dependent. If you were financially dependent on your spouse, and he died at work as a result of a workplace injury, then you may be eligible for a dependency lump sum compensation payout. These types of claims, […]

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Fatal claims: I have lost a loved one due to an accident. Where to from here?

When a person dies as a consequence of a motor vehicle accident, assault, medical negligence, accident in a public place, work-related event or latent onset of an injury, ‘fatal claims’ (aka ‘death dependency claims’) can be made by their family or dependents. The legislation surrounding fatal claims Part 10 Civil Proceedings Act 2011 (Qld) and section 66 Succession […]

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Construction injury and the risks associated with manual labour

Construction injury is a common occurrence here in Australia. The most recent Australian Workers’ Compensation Statistics provided by Safe Work Australia, show that labourers and people in the construction industry have the highest incident rates for serious workplace injury claims by occupation, followed by community and personal service workers, and then machinery operators and drivers. […]

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When do I lodge a statutory claim application with WorkCover for my workplace injury?

The short answer to this question is 6 months from the time the workplace injury occurred. For statutory claims, Queensland has a ‘no fault’ workers’ compensation scheme which means that Queensland workers have the right to apply for statutory benefits no matter who or what caused their workplace injury. A statutory compensation claim will be […]

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Does WorkCover take into account psychiatric problems I now face as a result of an incident that occurred at my workplace?

Psychological or psychiatric injury (PPI) is listed as a type of injury that can be compensated for under the Workers’ Compensation and Rehabilitation Act 2003 (Qld). This type of injury can have a significant and lasting impact on your work life and home life. It can also impact on the employer’s business where an employee is unable to adequately fulfil […]

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I had a workplace injury overseas – can I make a personal injury claim now that I am back in Australia?

Overseas travel is being increasingly demanded of Australian’s throughout the course of their careers. Inevitably, accidents and injuries occur while abroad and luckily, worker’s compensation legislation does provide some means for remedy when you have a workplace injury overseas. Was your workplace injury overseas linked to your employment? Like all other WorkCover claims, the injury […]

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