Workers Compensation Lawyers Mackay
Expert Mackay workers' compensation and WorkCover claim lawyers. We specialise in all Queensland workplace injury claims, including those resulting from accidents involving machinery, falls, repetitive strain and workplace hazards. Free initial advice, no upfront costs, and 100% risk-free workers’ compensation claims with our No Win, No Fee, No Catch® promise.
If you’ve suffered a work injury in Mackay or somewhere else in Queensland due to someone else's fault or workplace conditions, you may be entitled to make a personal injury compensation claim.
On average, Mackay has over 1,300 compensation claims each year, with payouts in the region of $12,000 per person.
For thousands of Aussies, suffering a personal injury at work can leave them struggling to find ways to pay bills and cope with medical treatments. Our Mackay personal injury lawyers could help you achieve maximum compensation to assist with recovery costs, lost income and other expenses related to your accident.
Are you a Mackay employee? Either WorkCover Queensland or your employer's workers' compensation insurer can cover your work-related injury claims. You may also be entitled to a ‘common law’ claim for a tax-free lump sum compensation settlement.
As expert personal injury lawyers, we handle all cases with no upfront costs or financial risks under our No Win, No Fee, No Catch® promise. Until we successfully secure compensation, you won’t be billed.
Know your rights. Request a free and no-obligation personal injury claim review from our expert compensation lawyers today.
Fill in the form below to find out if you have a claim.
Rights to Compensation for Injured Workers in Mackay or Queensland
If you’ve had an accident at work in Mackay or somewhere else in Queensland, there are two types of claims you can make: statutory and common law.
Statutory Claims via Workcover Queensland (Or Your Employer’s Workers’ Compensation Insurance Provider)
Statutory Claims via WorkCover Queensland (or your employer’s workers’ compensation insurance provider)
Statutory claims are made on a no-fault basis, allowing workers to make a personal injury claim regardless of who was at fault.
They provide benefits such as weekly payments for lost wages, medical and rehabilitation expenses and lump sums for permanent impairment.
To make a statutory claim, workers must notify their employer, obtain a WorkCover medical certificate and lodge a workers’ compensation claim with WorkCover Queensland.
Common Law Claims
To claim compensation, a worker must demonstrate that their employer or another party was negligent and that this negligence caused or contributed to their workplace injury, often with the assistance of experienced compensation lawyers.
Personal injury claims can include damages for pain and suffering, past and future loss of income, medical expenses and legal costs.
When Should I Consult With Workers’ Compensation Lawyers?
When it comes to compensation law, you should seek legal advice as soon as possible. This is so you can fully understand your legal options, time limits and rights, as well as any workers’ compensation schemes you may be entitled to claim.
It’s especially important to consult personal injury lawyers before accepting any lump sum offers from WorkCover, as accepting such offers may forfeit your right to pursue a common law claim.
Our experienced Mackay lawyers can help you understand your options and what the maximum compensation available to you could be.
Mackay sits at the mouth of the Pioneer River and is at the centre of the nation’s sugar industry. With a busy manufacturing industry, personal injuries are likely when employers are negligent, or training is missing. Generally, the most common injuries in the area reflect what is happening nationally. Here are a few things to look out for:
- Sprains, strains, or dislocations are the most common, accounting for 29% of all workplace injuries in Australia in 2022.
- Chronic joint or muscle conditions make up 20% of workplace injuries, often resulting from repetitive strain or prolonged physical activity.
- Cuts and open wounds account for 13% of workplace injuries and are common in environments where sharp tools or machinery are used.
- Fractures are also significant, contributing to a notable portion of workers’ compensation claims.
- Mental health conditions like stress and anxiety are increasingly recognised, accounting for around 6.5% of workplace injuries.
Mackay has several industries that face particularly high risks for worker injuries.
- Manufacturing: With a booming industry thanks to sugar, workers are at risk of personal injury when using machinery and undertaking manual tasks if they haven’t been properly trained.
- Agriculture, forestry and fishing: Dairy and lumber are also big industries in the area. Heavy lifting, dealing with animals and dangerous equipment all create risks of personal injury.
- Retail trade: Over 100 claims a year come from shop workers. From lifting heavy boxes to slipping on a wet floor, a busy retail industry can cause lots of injuries when safety rules aren’t followed.
- Health care: Running around busy hospital wards or lifting and moving nursing home residents can cause workers to suffer repetitive strain injuries.
- Construction: Building sites always pose inherent risks, from heavy machinery to falling from heights. Just a moment of neglect could leave workers with severe physical and psychological injuries.
If you work in these industries, it’s a good idea to be aware of potential hazards and understand your rights. If you think you’ve been injured and want to understand more about personal injury claims, you should consider speaking to compensation lawyers.
The leading cause of workplace injury in Mackay is body stressing: pulling, pushing, lifting and bending. It makes up around 30% of all claims in the area. For instance, repetitive lifting and moving heavy packaging in the manufacturing industry can easily strain the back.
Other common causes in Mackay include:
- Being hit by moving objects is a particular risk for those working in agriculture and forestry due to the unpredictability of livestock.
- Falls, slips and trips account for 18% of claims. Loose cables and wires, wet floors and trips from misplaced equipment are often to blame.
- Hitting objects with part of the body includes things like being hit by a closing door or catching the side of a table. 16% of Mackay's claims are attributed to this.
- Vehicle incidents make up around 8% of all claims in the region. This can include being involved in a motor vehicle accident or being hit by one.
No one expects to fall victim to these accidents until they do – so it’s always worthwhile to take precautions, no matter what industry you work in. Personal injury lawyers can help you understand your options if you get injured at work and it’s not your fault.
Workers Accident Claim Process in Mackay and Queensland
Here are the usual steps in Queensland WorkCover and workers' compensation claims:
If you think you may have a personal injury claim, we will arrange a no-obligation appointment at your home, our offices, or via phone to explain everything in more detail, evaluate the case, and discuss potential outcomes. Our Mackay personal injury lawyers are experts in work injury compensation.
Your appointed personal injury lawyers will gather evidence and investigate the circumstances of the workplace accident, collecting evidence to prove employer negligence. They will also ensure that the essential first steps, such as lodging a WorkCover compensation claim, have been completed.
A Notice of Claim is lodged against the employer's insurer (normally WorkCover Queensland), outlining the details of the injury and the negligence claim.
Your personal injury lawyers will lodge a notice of claim and negotiate on your behalf with the liable parties, typically with their insurance companies (or their legal representatives), such as WorkCover QLD, for workplace accidents.
Negotiations with the insurance company aim to reach a fair settlement that covers your medical expenses, lost wages, pain and suffering and other damages.
Most cases are settled out of court in an office-based meeting involving you, your workplace injury lawyers and a barrister they have engaged in leading the negotiations with the legal representatives of the at-fault party's insurer.
In the unlikely event that a settlement cannot be negotiated out of court, proceedings can proceed to court. In most ‘no win, no fee’ agreements, you could be liable for the other side's legal expenses if your case is unsuccessful in court.
Smith’s Lawyers' No Win, No Fee, No Catch® promise protects you from this risk and means you cannot be out of pocket for legal services.
If your claim is successful, you will receive a lump-sum tax-free compensation settlement. The amount received will depend on various factors, including the severity of your injury, any impact on your earning capacity and any medical expenses incurred.
Remember: Your claim may involve more steps than this. This is a general guide to give you an idea of what could happen. Smith’s Lawyers’ expert workplace accident lawyers can provide you with free and no-obligation advice on your rights.
How Are Workers’ Compensation Claim Payouts Calculated?
The amount of compensation awarded for a work-related injury in Queensland is determined by several factors, which can be broadly categorised into statutory compensation and common law damages.
Statutory Compensation
A WorkCover claim is the first step in all workers' compensation cases in Queensland. It covers statutory compensation benefits, including immediate medical costs and lost wages. You need this claim even if you're planning to pursue further compensation through a common law claim.
Degree of Permanent Impairment (DPI): The primary factor in determining lump sum compensation is the degree of permanent impairment, assessed using the Guidelines for the Evaluation of Permanent Impairment (GEPI). The higher the DPI, the larger the lump sum compensation.
Weekly payments: Compensation for lost wages is calculated based on the worker's Normal Weekly Earnings (NWE) or Queensland full-time adult ordinary time earnings (QOTE), depending on the length of the claim and the worker's employment status.
Medical and rehabilitation expenses: All reasonable medical, surgical and hospital expenses related to the injury are covered, along with rehabilitation costs and necessary travel expenses for medical treatment.
Duration of incapacity: The length of time the worker is unable to work due to the injury affects the total amount of weekly compensation paid.
Common Law Claims via a Workers’ Compensation Lawyer
A common law claim allows you to seek extra compensation if your injury resulted from your employer's negligence – but only after your WorkCover claim has been accepted.
This extra compensation can help to cover expenses like:
- Economic loss. This includes past and future loss of earnings due to the injury. The calculation considers the worker's pre-injury earnings and potential future earnings, adjusted for factors like age and career prospects.
- Pain and suffering. Compensation for pain and suffering is calculated using the Injury Scale Value (ISV), which assigns points based on the severity and duration of the injury. These points are then converted into a monetary value.
- Medical and hospital costs. Similar to statutory claims, common law claims can include compensation for ongoing medical and hospital expenses.
- Legal costs. If the worker pursues a common law claim, they may also be awarded compensation for legal expenses incurred during the process.
Our experienced solicitors are here to assist throughout the entire process, from getting your WorkCover compensation claim accepted to seeking extra compensation.
Additional Considerations
- Age and career impact: Younger workers may receive higher compensation due to the long-term impact of mental or physical injuries on their career and earning capacity.
- Severity and type of injury: More severe injuries, such as spinal cord injuries or amputations, typically result in higher compensation due to their significant impact on the worker's life and ability to work.
- Employer negligence: In common law claims, proving employer negligence can significantly increase the compensation awarded, as it allows for damages beyond the statutory limits.
The compensation process in Queensland aims to balance fair benefits for injured workers with reasonable costs for employers, ensuring that workers receive appropriate support and financial relief following a work-related injury.
Get expert legal advice: Your experienced compensation lawyer can carefully assess all these factors, advocate on your behalf and fight for fair compensation. The Smith's Lawyers team will explain your rights, the claims process, time limits and how our risk-free promise ensures no legal fees unless your case is successful.
Workers Compensation Claim Time Limits
Strict time limits apply. Generally, you have three years from the date the injury occurred. However, the initial stages required to run personal injury claims are required earlier than this.
For work-related injuries in Queensland, you have:
- Six months from when the entitlement to compensation arises (this is usually when the injury occurs or the day on which the individual is assessed by a doctor) to lodge a workers’ compensation claim with WorkCover Queensland (or your employer's workers' compensation insurer if self-insured). This is an essential first step for all cases, regardless of fault.
- Three years from the date of the accident/injury to start court proceedings for a common law claim. These claims can be run in addition to a standard WorkCover claim where the negligence of your employer or another party caused or contributed to your accident and injuries.
It's also worth noting there are exceptions. For instance, for victims under 18, this three-year period doesn't start until their 18th birthday.
These time frames might seem like a lot of time, but setting your claim into motion can be a complex process with many legal requirements to navigate.
Seek legal advice: At Smith’s Lawyers, our team can help you understand these time limits and ensure you don't miss your chance for a claim. We offer Queensland-wide service with free and no-obligation case reviews. Our No Win, No Fee, No Catch® promise means you have nothing to lose in seeking your rightful compensation.
Workers Compensation Lawyers Mackay
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Work Accident Lawyer Mackay FAQs
If you've been in a work accident in Mackay, seek immediate medical attention to prioritise your health. Inform your employer about the injury promptly, providing all relevant details. Document the incident thoroughly, noting the time, location, and any witnesses, and take photos if possible. Obtain a Work Capacity Certificate from your doctor outlining your injury and any necessary time off work.
Next, submit a WorkCover claim with all required medical evidence. Follow up with medical appointments, keep detailed records of every medical treatment and expense, and consult a work injury lawyer for legal advice. Finally, participate in any recommended rehabilitation programs to support your recovery and safe return to work.
Yes. In Queensland, you can claim workers' compensation for an injury sustained while travelling to and from work, known as a ‘journey claim.’ These claims are covered under the Workers' Compensation and Rehabilitation Act 2003 and are generally no-fault, meaning you do not need to prove that someone else was at fault for the injury. However, your claim may be denied if you were engaging in unlawful activities, made significant deviations from your usual route, or experienced major delays unrelated to your employment during the journey.
Workers' compensation and Workcover common law claims typically take around 18 months. However, several factors can influence the timeframe. This can include disputes over who caused the accident (liability), the severity of your workplace injuries and how long it takes for them to stabilise. Personal injury law experts can help navigate these complexities.
The vast majority of work accident compensation claims are settled without the need to go to court. Here's why:
- Queensland's legal system requires a ‘compulsory conference.’ This is a structured meeting between you, your lawyer, the insurer, and their lawyer. The goal is to reach a settlement agreement without a formal court trial. Most cases are successfully resolved at or shortly after the compulsory conference.
- If a settlement can't be reached, going to court may be necessary. However, Smith's Lawyers' No Win, No Fee, No Catch® promise protects you financially. If your case is unsuccessful in court, you won't be liable for the other side's legal expenses. We take on that risk.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert work accident lawyers.
Fill in the form below to find out if you have a claim.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.