If you are injured at work in Queensland, you may wonder whether you need a lawyer to handle your workers' compensation claim. While it is not always necessary to hire a lawyer, having legal assistance can be beneficial, especially for more complex cases.
Minor injuries that do not require significant time off work or have no lasting impact may be sufficiently managed through a WorkCover statutory claim. However, for more severe injuries or if there are disputes about the claim, consulting a lawyer can ensure you receive the full compensation you are entitled to.
Understanding Workers' Compensation in Queensland
Queensland's workers' compensation scheme is governed by the Workers' Compensation and Rehabilitation Act 2003 and the Workers' Compensation and Rehabilitation Regulation 2014. This scheme provides benefits to workers who are injured at work, including income support, payment for medical expenses, and compensation for permanent impairment or death.
Steps to Take if You’re Injured at Work
- Seek Medical Attention: The first step is to see a doctor and obtain a workers' compensation medical certificate.
- Notify Your Employer: Inform your employer about the injury and provide them with a copy of your medical certificate.
- Lodge a Claim: Submit your claim to WorkCover Queensland. Keep copies of all documents related to your injury and claim.
When You Might Not Need a Lawyer
For minor injuries that do not result in significant time off work or have no lasting impact, handling the claim yourself may be sufficient.
Examples include:
- Minor Cuts or Bruises: Injuries that heal quickly and do not require extended medical treatment.
- Minor Sprains or Strains: Minor musculoskeletal injuries that only need a short period of rest and basic treatment.
- Short-Term Absences: Injuries that cause minimal time off work and do not affect your long-term ability to work.
- Clear-Cut Cases: If the injury and its impact are straightforward and undisputed, handling the claim yourself may be manageable.
In these cases, a WorkCover statutory claim is usually straightforward and provides the necessary compensation without the need for legal intervention.
When Legal Assistance is Beneficial
However, there are situations where hiring a lawyer can be highly beneficial, such as:
- Severe or Complex Injuries: Injuries that require extensive medical treatment, long-term rehabilitation, or result in permanent impairment.
- Disputed Claims: If your employer or WorkCover Queensland disputes your claim or the extent of your injury.
- Common Law Claims: If you believe your injury was due to your employer's negligence, you may be eligible for a common law claim, which can provide compensation for pain and suffering, economic loss, and other damages.
Benefits of Hiring a Lawyer
- Expertise and Guidance: Lawyers understand the complexities of workers' compensation law and can navigate the legal system efficiently.
- Maximising Compensation: A lawyer can help ensure you receive the maximum compensation available, including for future medical expenses and loss of earnings.
- Handling Disputes: Legal professionals can represent you in disputes with your employer or WorkCover Queensland, ensuring your rights are protected.
Common Law Claims
Common law claims involve suing your employer for negligence. These claims can only proceed after a statutory claim has been lodged and accepted by WorkCover Queensland or the relevant self-insurer. A notice of assessment of injury must be issued before a common law claim can proceed. Learn how long a common law claims take.
Importance of Legal Advice
Even if you believe your case is straightforward, it is always wise to seek legal advice to understand your rights fully.
A lawyer can provide a free initial consultation to help you determine whether you need legal representation. This ensures you make an informed decision and do not miss out on any entitlements.
Should You Seek Legal Advice?
While you do not always need a lawyer if you are injured at work, having legal assistance can be crucial for more severe or complex cases.
Minor injuries may be adequately managed through a WorkCover statutory claim, but for disputes or common law claims, a lawyer's expertise can make a significant difference. Always consider seeking legal advice to ensure you understand your rights and receive the compensation you deserve.
For personalised advice and assistance with your claim, contact Smith's Lawyers at 1800 960 482 or request a free case review online.
Injured at work? Smith's Lawyers' specialists in workers compensation claims provide risk-free support across Queensland, including Brisbane, Gold Coast, Sunshine Coast, Logan, Ipswich, and regional areas like Cairns, Toowoomba, Townsville, Rockhampton, Bundaberg, and Mackay.
