Personal Injury Law - Motor Vehicle Accident, & More | Sunshine Coast | McColm Matsinger Lawyers

WorkCover Compensation Claims

Worker’s Compensation Claims / WorkCover Claims – what McColm Matsinger Lawyers can do for you.

We can provide advice –

  • If you are injured at work;

  • If WorkCover rejects your claim for compensation;

  • If WorkCover ceases your benefits;

  • If WorkCover has offered you “lump sum” compensation; and/or

  • If you want to sue for common law damages for your injury.

  • Can I make a workers’ compensation Claim?

    If you are injured at work, or in the course of your employment, you may be able to claim compensation. Injured workers include not only those employed full time, but also part time and casual employees. Under certain circumstances, you may also be covered if you are a sub-contractor or self-employed. Further, certain people are deemed to be workers such as some volunteers and work experience students.

    If WorkCover rejects your claim, we can advise and assist you in respect of your rights of appeal to Q-Comp. Similarly, we can advise you of your rights if WorkCover ceases your benefits in disputed circumstances.

  • What injuries are covered?

    Generally, an “injury” includes physical and psychological injuries that arise during the course of employment. It also includes aggravations of pre-existing conditions. An injury can cover a myriad of conditions from a brain injury, to depression, to a strain, to the aggravation of a back condition. Every person’s situation is unique. An injury sustained as a result of travelling to and from work may also be covered.

  • Time Limits!

    Strict time limits apply in respect of claiming compensation and suing for common law damages.

    Report your injury to your employer and seek medical attention as soon as practicable. Generally, an application for compensation is valid only if it is lodged within 6 months after the injury. This period may be extended if certain criteria are satisfied. A Notice of Claim for Damages must be given to WorkCover within 3 years of sustaining the injury or first becoming aware of it.  Proceedings for common law damages must be commenced in Court before that 3 year period expires (unless your claim settles before then). An extension of the limitation period is sometimes granted in limited circumstances.

  • What will I receive in compensation

    WorkCover will reimburse you for lost wages (calculated according to a formula), and pay for reasonable medical and rehabilitation expenses. Additional expenses may be paid in limited situations.  WorkCover may also offer you lump sum compensation for any permanent impairment. That offer will be contained in a Notice of Assessment. We recommend that you do not respond to that offer until you have sought legal advice from McColm Matsinger. Your decision may affect your future rights to claim for damages in respect of your injury.

  • Common Law Damages – what does it include?

    Common Law Damages – what does it include?

    If, because of your employer’s negligence or breach of the terms of your employment contract, you have sustained an injury, you may be able to claim damages. It will take into account the following:

    • Your pain and suffering;

    • Your loss of income and likely loss of future income;

    • Your medical, pharmaceutical and travel  expenses to date and such likely expenses for the future; and

    • Past and future loss of superannuation payments.

  • Process – what happens now?

    Process – what happens now?

    Once WorkCover ceases paying you statutory compensation and you have received a Notice of Assessment, you can serve a Notice of Claim for Damages upon WorkCover and your employer. WorkCover will act as the employer’s insurer. Generally it will take at least 9 months thereafter to convene a settlement conference with WorkCover. The intention of the conference is to negotiate a settlement of your damages claim. It may take longer depending on the evidence required and as to when your injury stabilises. If the matter does not settle at this informal stage, proceedings may be commenced with a view to a Court deciding the matter.

     

  • The above generalised comments are a guide only and not a substitution for professional legal advice. As every individual’s claim is unique, a solicitor from McColm Matsinger’s workers’ compensation team would be happy to meet with you discuss your claim (at a place and time that is convenient to you).

McColm Matsinger Lawyers / Services / Workcover Claims

Workcover Claims


Worker’s Compensation Claims / WorkCover Claims – what McColm Matsinger Lawyers can do for you.

We can provide advice –

  • If you are injured at work;

  • If WorkCover rejects your claim for compensation;

  • If WorkCover ceases your benefits;

  • If WorkCover has offered you “lump sum” compensation; and/or

  • If you want to sue for common law damages for your injury.

  • Can I make a workers’ compensation Claim?

    If you are injured at work, or in the course of your employment, you may be able to claim compensation. Injured workers include not only those employed full time, but also part time and casual employees. Under certain circumstances, you may also be covered if you are a sub-contractor or self-employed. Further, certain people are deemed to be workers such as some volunteers and work experience students.

    If WorkCover rejects your claim, we can advise and assist you in respect of your rights of appeal to Q-Comp. Similarly, we can advise you of your rights if WorkCover ceases your benefits in disputed circumstances.

  • What injuries are covered?

    Generally, an “injury” includes physical and psychological injuries that arise during the course of employment. It also includes aggravations of pre-existing conditions. An injury can cover a myriad of conditions from a brain injury, to depression, to a strain, to the aggravation of a back condition. Every person’s situation is unique. An injury sustained as a result of travelling to and from work may also be covered.

  • Time Limits!

    Strict time limits apply in respect of claiming compensation and suing for common law damages.

    Report your injury to your employer and seek medical attention as soon as practicable. Generally, an application for compensation is valid only if it is lodged within 6 months after the injury. This period may be extended if certain criteria are satisfied. A Notice of Claim for Damages must be given to WorkCover within 3 years of sustaining the injury or first becoming aware of it.  Proceedings for common law damages must be commenced in Court before that 3 year period expires (unless your claim settles before then). An extension of the limitation period is sometimes granted in limited circumstances.

  • What will I receive in compensation

    WorkCover will reimburse you for lost wages (calculated according to a formula), and pay for reasonable medical and rehabilitation expenses. Additional expenses may be paid in limited situations.  WorkCover may also offer you lump sum compensation for any permanent impairment. That offer will be contained in a Notice of Assessment. We recommend that you do not respond to that offer until you have sought legal advice from McColm Matsinger. Your decision may affect your future rights to claim for damages in respect of your injury.

  • Common Law Damages – what does it include?

    Common Law Damages – what does it include?

    If, because of your employer’s negligence or breach of the terms of your employment contract, you have sustained an injury, you may be able to claim damages. It will take into account the following:

    • Your pain and suffering;

    • Your loss of income and likely loss of future income;

    • Your medical, pharmaceutical and travel  expenses to date and such likely expenses for the future; and

    • Past and future loss of superannuation payments.

  • Process – what happens now?

    Process – what happens now?

    Once WorkCover ceases paying you statutory compensation and you have received a Notice of Assessment, you can serve a Notice of Claim for Damages upon WorkCover and your employer. WorkCover will act as the employer’s insurer. Generally it will take at least 9 months thereafter to convene a settlement conference with WorkCover. The intention of the conference is to negotiate a settlement of your damages claim. It may take longer depending on the evidence required and as to when your injury stabilises. If the matter does not settle at this informal stage, proceedings may be commenced with a view to a Court deciding the matter.

     

  • The above generalised comments are a guide only and not a substitution for professional legal advice. As every individual’s claim is unique, a solicitor from McColm Matsinger’s workers’ compensation team would be happy to meet with you discuss your claim (at a place and time that is convenient to you).