Workcover

The type of WorkCover claim that lawyers run for injured people is called a “common law” WorkCover Claim.

This type of claim is different from “statutory” WorkCover Claims where people receive medical treatment and weekly compensation payments.

Common law WorkCover claims are different because they require injured people tp prove that their employer’s negligence has caused their injury. If an injured person can prove negligence, then they are entitled to more damages (like past and future lost wages) than with a statutory WorkCover claim.

Common WorkCover injury claims include:

• Orthopaedic injuries such as fractures, joint injuries and spinal injuries.
• Neurological or nerve injuries.
• Brain injuries.
• Injuries caused by fatigue.
• Psychiatric injuries sustained in the course of your employment
• Psychiatric injuries which arise after sustaining a work-related physical injury.

No. WorkCover Queensland is the legal insurer of most employers in Queensland.

It is very important not to accept WorkCover’s lump sum offer if you are considering making a common law WorkCover claim.

Accepting this offer will usually mean that you are not entitled to pursue a common law claim. If you accept WorkCover’s offer, it is irrevocable (you can’t take it back), so make sure you speak to a lawyer prior to making your decision.

Yes. If your degree of permanent impairment is 20% or above then you can accept WorkCover’s offer and still make a common law claim for damages.

Need more information – It’s important to note that accepting this offer is essentially WorkCover providing an advance on the General Damages head of damage (i.e. your pain and suffering). This means that whilst you get some compensation immediately, the WorkCover refund will increase, meaning that WorkCover will not offer as much when your claim resolves because they’ve already paid out a portion of your compensation to you.

Generally speaking, claims where the injuries heal without complication can be resolved within 8months, but more severe injuries can take upwards of 1 – 2 years.

WorkCover compensation is made up of the following categories of damages:

• General Damages – for your pain, suffering, and loss of amenities of life.
• Past and Future Economic Loss – economic loss that you have suffered or will suffer as a result of the injury.
• Past and Future Incident-Related Expenses (Special Damages) – including medical and rehabilitation expenses.
• Gratuitous Care – costs of extra care or assistance that you require because of your injury.

Yes. The claim will still have the same investigation and review process by WorkCover but there will not be any weekly compensation paid, and no lump sum offered. If your common law claim is accepted, WorkCover will issue you with a Notice of Assessment containing your permanent impairment.