Work Injury Compensation | Smith's Laywers

No Upfront Costs, No Risks, Free Initial Advice

Workplace Injury Compensation Experts

Expert Queensland WorkCover and workers compensation lawyers with offices across Queensland including Brisbane, Gold Coast, Sunshine Coast & regional centres. Risk-free claims with our No Win, No Fee, No Catch® promise.

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Injured at work? You may be entitled to compensation.

Workplace injuries can create a confusing and challenging time for many workers. The legal aspects can increase this stress, especially when workers are unsure about their rights and compensation possibilities.

To understand your legal rights for your specific situation, you should seek legal advice.

Our expert work injury experts at Smith's Lawyers offer free initial advice to explain your options. All claims are run on a risk-free basis with no upfront costs with our No Win, No Fee, No Catch® promise. We service all regions of Queensland.

The steps to work accident compensation

1: Consultation & Evaluation

Schedule a no-obligation consultation to discuss your potential claim, either in person, at your home, or via phone. Our Queensland work injury compensation experts will assess the viability of your case and explain all your legal rights to compensation.

2: Build & Lodge Your Claim

Our legal team meticulously gathers evidence, ensures necessary steps like lodging a WorkCover statutory claim are done, and submits a Notice of Claim against the employer's insurer, primarily WorkCover Queensland. Medical reports may be arranged and your case is built to assess your past and future losses that need to be compensated for.

3: Negotiation & Settlement

We handle negotiations with the compensation insurer on your behalf. Most matters reach settlement without the need to go to court, at a meeting known as a 'compulsory conference'. In the rare instance a claim isn't successful, there's nothing to pay, including other parties' legal costs, even if the matter did proceed to the court stage.

No upfront costs and no risk of being left out of pocket.

No Win. No Fee. No Catch.®

Our No Win. No Fee. No Catch.® promise means all claims have no upfront costs and you will never be left out of pocket.

What does 'No Catch' mean?

Typically 'no win, no fee' agreements only protect you from owing legal fees to your own law firm if the claim is unsuccessful.

However, if your claim proceeds to court and is unsuccessful, you may be liable to pay the other sides legal costs.

In some cases, you may also have to pay 'non-legal' fees such as medical reports your lawyer has incurred, other outgoings and interest incurred.

'No Catch' means there are no risks such as these with all Smith's Lawyers client agreements.

For successful claims, then we only charge for the actual work done and not a fixed percentage.

You will receive your settlement as a lump-sum tax free transfer to your nominated bank account once funds are received from the workers compensation insurer.

What compensation options are available?

There are two main types of workers compensation in Queensland. Seek legal advice to check if you are entitled to both to ensure fair compensation.

1: No-Fault Scheme (Statutory Claim) - typically WorkCover Queensland:

Managed mainly by WorkCover Queensland, this mandatory scheme ensures all workers are covered for work-related injuries, no matter who's at fault.
Report injuries to your employer and start a claim with WorkCover (or your employer's insurer).
Provides rehabilitation, medical expenses, and a percentage of weekly wages during incapacity. May not cover the complete loss.

2: Common Law Claims:

In addition to the statutory claim, workers can pursue a common law claim if employer negligence caused or contributed to the injury.
Offers a tax-free lump sum compensation, covering medical costs, lost wages, future losses, pain, and suffering.

Remember, while the no-fault scheme provides immediate support, common law claims can offer greater compensation for negligence-caused injuries.

See if you qualify

Frequently Asked Questions

What is No Win, No Fee, No Catch®?

No win, no fee agreements are common for injury compensation matters. These mean you won't have any legal fees to pay your law firm unless they win your case.

However, with many firms, you may still be liable for the other sides legal costs if your matter goes to court and is unsuccessful. Our No Win, No Fee, No Catch® protects you from all risks and you won't owe us, or anyone else anything if your claim is not successful. There are no upfront costs or risks to ensure you are never out of pocket.

Are there time limits?

The process of claiming compensation for a work-related injury in Queensland follows certain specified time limits.

These are segmented into two sections: Filing a WorkCover claim under the no-fault scheme, and initiating a common law compensation claim. Strict time limits apply to both.

WorkCover Claim (No Fault Scheme):

Generally, file within 6 months of the injury date.
Possible Exceptions:
- If unaware of the injury or its work relation: File within 6 months of becoming aware.
- Claims can be accepted late due to ignorance, mistake, or absence from Queensland.

Common Law Compensation Claim with a Law Firm:

File within 3 years of the injury date.
Possible Exceptions:
- Severe incapacity: The court may allow late claims if the worker was severely incapacitated.
- Wrongful death: Dependents have 3 years from the date of death.
- Significant change in injury nature or its effect on work: Can be grounds for an exemption.

How long will it take?

The majority of work injury compensation claims can be completed within 12-18 months. Time is needed for your injuries to become stable to determine the likely long term impacts of the injury. Very complicated matters can take longer.

Who pays the compensation?

It is a legal requirement in Queensland for all employers to have Workers Compensation insurance. The employers workers insurance company pays the compensation, e.g. WorkCover Queensland. You don’t need to worry about your employer having to foot the costs directly.

What injuries are covered?

Any work-related injury may be eligible. Common injuries include injuries to limbs, the back, head, neck, fingers, spine & eyes. It can also include chemical exposure, RSI, industrial asthma & psychological conditions caused by work.