Workers Compensation

Each year, close to 100,000 workers compensation claims are lodged in Queensland. If you’re claiming WorkCover, you’re not alone – but every situation is different.

To ensure you get every cent you are entitled to from your workers compensation insurer we recommend that you consult with a lawyer experienced in this area of law.

Seeking help early is important because strict time limits apply. Hall Payne’s team of workers compensation lawyers in Queensland will do everything to ensure you don’t become just another ‘claim number’.

What kind of injuries can I claim for?

If you suffer an injury at work, it’s likely you can claim under the state or federal workers compensation scheme, depending on your specific employment circumstances. The state scheme in Queensland is WorkCover and federal scheme is Comcare.

Generally, workers compensation schemes will compensate for:

  • physical injury;
  • psychiatric injury;
  • diseases, such as asbestosis or black lung; and
  • hearing loss.

A pre-existing injury does not necessarily prevent you from claiming compensation in circumstances where employment has aggravated that injury or condition.

If you have sustained a work related injury you may also be entitled to claim damages at common law. If your injury prevents you from returning to work or returning to your usual occupation, you may also be entitled to payments through your super insurance which are separate to any compensation you receive from WorkCover or Comcare.

Our experienced personal injury lawyers can advise you on all your rights and entitlements.

How do I know if I have a claim?

If you suffer an injury at work, it’s likely you can claim under the state or federal workers compensation scheme, depending on your specific employment circumstances. The various state or federal schemes have their own rules and regulations and take into account such things as how, when and where you sustained your injury.

You may also be entitled to claim damages at common law (depending on which scheme you come within). Our experienced personal injury lawyers can advise you on all your rights and entitlements.

Do I really need a lawyer if WorkCover or Comcare manage the process?

While many workers compensation claims are fairly straight forward and resolve in a matter of a few weeks, if your claim isn’t straight-forward, then legal advice will help you understand the claims process and your rights and options going forward.

You may also be entitled to lump sum compensation and we would recommend you seek experienced legal advice and assistance in relation to this component of any claim.

Getting the right advice early will give you peace of mind and ensure that you get what you are entitled to as soon as possible.

What can I claim for?

If you have an accepted workers compensation claim you will be entitled to recover lost wages while you are incapacitated for work. You will also be entitled to payment of your reasonable medical, treatment and rehabilitation expenses, pharmaceuticals and your reasonable travel costs.

If you are entitled to claim for damages at common law for your work related injury, in most instances your damages will be calculated to cover:

  • pain, suffering and loss of life enjoyment;
  • loss of past and future earning and associated superannuation;
  • past and future hospital and medical expenses (including surgical costs);
  • ongoing or future anticipated rehabilitation and treatment expenses;
  • out of pocket expenses for items such as pharmaceutical, travel and equipment;
  • paid care and help, for example yard maintenance or nursing; and
  • home and vehicle modifications.

Every individual has a different injury, different circumstances and different entitlements. Your best course of action is speaking to Hall Payne about what compensation is right for you.

When should I make a claim?

Strict time limits apply and your entitlement to compensation may be lost if you claim late.

In addition, Queensland based WorkCover claims can usually only be backdated by 20 days. So, while you may not lose your entitlement completely, the longer you leave it, the less you will receive.

Hall Payne knows that when you can’t work due to injury, it is a very challenging time. Financial stress can make the situation overwhelming. The sooner a claim is accepted, the sooner you’ll receive compensation.

How long will my claim take?

The sooner your claim is finalised, the sooner you can move on with your life. That said, a properly prepared and managed claim can’t be rushed.

Once you lodge your claim, WorkCover has 20 business days to either accept or reject it. If your claim is accepted, its duration will largely depend on the nature and extent of your injuries and your recovery. Your claim should not close until you have received appropriate treatment and rehabilitation and your injury has been determined as stable and stationary.

If your claim is rejected (or stopped too early), under most workers compensation schemes you have the right to have this decision reviewed. Time frames apply so it is important to ensure you obtain advice as soon as you have received the decision to reject or cease your claim.

Contact us for a free initial consultation with one of our expert workers’ compensation lawyers to discuss your claim circumstances.

What if my claim has been rejected?

Not every claim for workplace injury is accepted. This can be due to any number of reasons.

If your claim is rejected then you should immediately seek legal advice from a specialist compensation lawyer to see if the decision can be overturned. Under most workers compensation schemes, you have the right to have a decision to reject your claim reviewed.

Strict time limits apply to seeking to overturn a decision to reject a claim, so it is important to obtain accurate legal advice as soon as possible.

Failing to take steps within the various time limits may result in you losing your ability to continue to pursue your workers compensation entitlements.

Contact us for a free initial consultation with one of our expert workers compensation lawyers to discuss your claim circumstances.

How much will it cost me to make a claim?

Hall Payne will provide you with a free initial consultation to discuss your injury and the circumstances around it. We will provide an estimate of legal costs and the likely time frames that will apply to your claim.

If we consider you have reasonable prospects of success, we will act for you on a ‘no win, no fee’ basis.

Each year, many workers compensation claims are lodged in New South Wales. If you’re claiming workers compensation, you’re not alone – but every situation is different.

To ensure you get every cent you are entitled to from your workers compensation claim we recommend that you consult with a lawyer experienced in this area of law.

Seeking help early is important because strict time limits apply. Hall Payne’s team of workers compensation lawyers in New South Wales will do everything to ensure you don’t become just another ‘claim number’.

What kind of injuries can I claim for?

Injured workers can claim for physical and psychological injuries occasioned at work.

How do I know if I have a claim?

If you have been injured at work, you may have rights to workers compensation.

Do I really need a lawyer?

Navigating the workers compensation scheme can be difficult if you are not legally represented. Our firm can offer you a no win, no fee service to assist you in all facets of your workers compensation claim. Hall Payne’s team of workers compensation lawyers are “WIRO approved” and can lodge an application for funding to WIRO on your behalf.

What can I claim for?

An injured worker is entitled to many benefits under the workers compensation scheme including weekly compensation, medical and treatment expenses and lump sums for body parts affected by their injuries (including consequential injuries). In some cases, you may claim common law damages where the injury exceeds the 15% Whole Person Impairment (“WPI”) threshold.

When should I make a claim?

There have been numerous changes to the Workers Compensation Scheme in recent years. Hall Payne’s team of workers compensation lawyers can help you file your claim in a timely manner.

What if my claim has been rejected?

If your claim has been rejected, it is possible to request an Arbitrator overturn that decision in the Workers Compensation Commission. Please ask your lawyer for further information.

Statistically the Northern Territory is the most dangerous place to work in Australia per capita. If you are claiming workers’ compensation in the NT, you are not alone – but every situation is different.

To ensure you get every cent you are entitled to from your workers’ compensation insurer we recommend that you consult with a lawyer experienced in this area of law.

Seeking help early is important because strict time limits apply. Hall Payne’s team of workers’ compensation lawyers will do everything to ensure you don’t become just another ‘claim number’.

What kind of injuries can I claim for?

If you suffer an injury at work, it’s likely you can claim under the territory or federal workers compensation scheme, depending on your specific employment circumstances. The scheme operating in the Northern Territory is NTWorkSafe and the federal scheme is Comcare.

Generally, workers’ compensation schemes will compensate for:

  • physical injury;
  • psychiatric injury;
  • diseases, such as asbestosis or black lung; and
  • hearing loss.

A pre-existing injury does not necessarily prevent you from claiming compensation in circumstances where employment has aggravated that injury or condition.

If your injury prevents you from returning to work or returning to your usual occupation, you may also be entitled to payments through your super insurance which are separate to any compensation you receive from NTWorkSafe or Comcare.

Our experienced personal injury lawyers can advise you on all your rights and entitlements.

How do I know if I have a claim?

If you suffer an injury at work, it’s likely you can claim under the territory or federal workers compensation scheme, depending on your specific employment circumstances. The various state or federal schemes have their own rules and regulations and take into account such things as how, when and where you sustained your injury.

Do I really need a lawyer if NT WorkSafe or Comcare manage the process?

While many workers’ compensation claims are fairly straight forward and resolve in a matter of a few weeks, if your claim isn’t straight forward or there is some dispute about your claim, then legal advice will help you understand the claims process and your rights and options going forward.

You may also be entitled to lump sum compensation and we would recommend you seek experienced legal advice and assistance in relation to this component of any claim.

Getting the right advice early will give you peace of mind and ensure that you get what you are entitled to as soon as possible.

What can I claim for?

If you have an accepted workers’ compensation claim, you will be entitled to recover lost wages while you are incapacitated for work. You will also be entitled to payment of your reasonable medical, treatment and rehabilitation expenses, pharmaceuticals and your reasonable travel costs.

Depending on your circumstances you may also be entitled to claim compensation that will be calculated to cover:

  • loss of earning capacity;
  • ongoing and future hospital and medical expenses (including surgical costs);
  • ongoing or future anticipated rehabilitation and treatment expenses;
  • out of pocket expenses for items such as pharmaceutical, travel and equipment;
  • paid care and help, for example yard maintenance or nursing; and
  • home and vehicle modifications.

Every individual has a different injury, different circumstances and different entitlements. Your best course of action is speaking to Hall Payne about what compensation is right for you.

When should I make a claim?

Strict time limits apply and your entitlement to compensation may be lost if you claim late.

Hall Payne knows that when you can’t work due to injury, it is a very challenging time. Financial stress can make the situation overwhelming. The sooner a claim is accepted, the sooner you’ll receive compensation.

How long will my claim take?

The sooner your claim is finalised, the sooner you can move on with your life. That said, a properly prepared and managed claim can’t be rushed.

Once you lodge your claim through NTWorkSafe, your employer or their insurance company has 10 business days to either accept, reject or defer your claim. If your claim is accepted, its duration will largely depend on the nature and extent of your injuries and your recovery. Your claim should not close until you have received appropriate treatment and rehabilitation and your injury has been determined as stable and stationary.

If your claim is rejected or accepted but later cancelled or reduced before you believe it should have, under most workers’ compensation schemes you have the right to have this decision reviewed. Time frames apply so it is important to ensure you obtain advice as soon as you have received the decision to reject or cease your claim.

Contact us for a free initial consultation with one of our expert workers’ compensation lawyers to discuss your claim circumstances.

What if my claim has been rejected?

Not every claim for workplace injury is accepted. This can be due to any number of reasons.

If your claim is rejected then you should immediately seek legal advice from a specialist compensation lawyer to see if the decision can be overturned. Under most workers’ compensation schemes, you have the right to have a decision to reject your claim reviewed.

Strict time limits apply to seeking to overturn a decision to reject a claim, so it is important to obtain accurate legal advice as soon as possible.

Failing to take steps within the various time limits may result in you losing your ability to continue to pursue your workers’ compensation entitlements.

Contact us for a free initial consultation with one of our expert workers’ compensation lawyers to discuss your claim circumstances.

How much will it cost me to make a claim?

Hall Payne will provide you with a free initial consultation to discuss your injury and the circumstances around it. We will provide an estimate of legal costs and the likely time frames that will apply to your claim.

If we consider you have reasonable prospects of success, we will act for you on a ‘no win, no fee’ basis.

If you are involved in a workplace injury or currently involved in a claim for workers compensation, it can often be a difficult, confusing and frustrating process.

Attempting to understand the system you are involved in is too often further complicated when you are also faced with managing the injury and the associated effects on your personal and financial commitments.  

Our specialist workers compensation lawyers in Tasmania are here to help and assist you along the way. We ensure our clients fully understand each step and our advice will help you get back on your feet, with the compensation you deserve. We offer a suite of tailored services to make it easier to get help, including a free initial consultation, no win no fee, and home visits if necessary.

As we offer workers compensation services in several states, we frequently assist injured workers that have suffered injuries in one state and moved to another. The page you are on now is about workers compensation in Tasmania.

How do I know if I have a claim?

The Tasmania workers compensation scheme is essentially a no-fault scheme. If you suffer an injury at the workplace, you should be compensated for it regardless of who’s fault it is. Depending on circumstances of the injury, it is important to remember that a pre-existing injury does not necessarily prevent you from claiming compensation from your current employer.

Our experienced personal injury lawyers can advise you on all your rights and entitlements.

What compensation might I be entitled to?

An injured worker is entitled to claim compensation for a workplace injury which includes payments to cover their weekly wage, associated medical benefits and other specific services depending on the nature of the injury. In certain circumstances and depending on the injury, you may also be entitled to ‘common law damages’ against the employer or a related 3rd party for negligence, or a ‘lump sum’ payment for whole person impairment.

Our expert lawyers will ensure that you recover everything you’re entitled to. Depending on the type of claim, you may be entitled to compensation for:

  • loss of past and future earnings;
  • past and future hospital and medical expenses (including surgical costs);
  • whole person impairment as a result of the injury;
  • ongoing or future anticipated rehabilitation and treatment expenses;
  • out of pocket expenses for items such as pharmaceutical, travel and equipment;
  • paid care and help, for example yard maintenance or nursing; and
  • home and vehicle modifications.

Getting the right advice early will give you peace of mind and ensure that you get what you are entitled to as soon as possible.

Are there time limits in Tasmania?

In Tasmania strict time limits apply to nearly all types of compensation claims. Your entitlement to compensation may be lost if you don’t make a claim in time.

When you suffer an injury at work, it is very important that you firstly give notice to your employer of your injury as soon as possible. It is best to record this notice in writing or in accordance with any workplace policies and procedures. The notice must include what your injury is, the cause of your injury and when it happened.

A worker’s compensation claim, in the case of an injury (or death), must be lodged within 6 months of the date of injury. A worker’s compensation claim form can be obtained from your employer.

Specific workers compensation medical certificates must also be obtained from your general practitioner (GP) and submitted to your employer.

If you suspect that you might be out of time to file a claim or have any queries about the above, we highly recommend you obtain legal advice about whether you have a viable claim.

Hall Payne understands that this can be a very challenging time. The sooner a claim is started and you obtain legal advice, the sooner you’ll receive compensation and some peace of mind.

What if my claim has been rejected?

Not every claim for workplace injury is accepted. This can be due to any number of reasons.  If your claim is rejected then you should immediately seek legal advice from a specialist compensation lawyer to see if you are entitled to compensation.

Failing to take steps within the various time limits may result in you losing your ability to continue to pursue your worker’s compensation entitlements.

Contact us for a free initial consultation with one of our expert worker’s compensation lawyers to discuss your claim circumstances.

How much will it cost me to make a claim?

Hall Payne will provide you with a free initial consultation to discuss your injury and the circumstances around it. We will provide an estimate of legal costs and the likely time frames that will apply to your claim.

If we consider you have reasonable prospects of success, we will act for you on a ‘no win, no fee’ basis.

Hall Payne provides workers compensation services in Queensland, New South Wales, Tasmania and the Northern Territory.

If your inquiry relates to another state of Australia, please call us on 07 3017 2400 and we can provide you with contact details for a suitable firm in your state.

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