WORK INJURIES – Part 1

What should I do if I have been injured at work?

​If you have been injured at work or as a result of work, you should seek medical advice from a doctor/treatment provider as soon as possible.  Focusing on your recovery is extremely important, but it is also important to think about whether you can make a claim against your employer for workers’ compensation.
It is compulsory for all employers to have workers’ compensation insurance in place and most employers in Queensland have insurance cover through WorkCover Queensland (you may have heard of them).

What types of injuries are covered?
 
A work injury can be to any part of your body including the following:-

• Back/spinal injuries
• Leg/foot injuries
• Brain injuries
• Head/eye injuries
• Burns
• Hand/wrist/arm injuries
• Repetitive strain injuries – such as tendinosis, carpal tunnel syndrome, De Quervain’s, tennis elbow, trigger finger etc

 
A work injury does not have to be physical. It may also be a psychological injury, stress-related (heart attacks and strokes) or may even be the worsening of a pre-existing condition.
 
So what should I do if I have been injured at work?
 
If you are injured at work, it is important that you take the following steps as soon as possible:-

1. Report the injury to your employer
2. See a doctor/treatment provider, tell them about your work injury and get the treatment you need
3. Make a workers’ compensation claim and talk to a lawyer

 
 
What does workers’ compensation cover?
Workers’ compensation covers things such as lost wages, medical expenses, travel expenses, medication and rehabilitation (such as physiotherapy and occupational therapy).
Any compensation you receive from the insurer (such as WorkCover) would be in the “statutory claim” phase of your work injury claim.
 
What do I do once the statutory claim is over?
 
At a certain point, the insurer may tell you that your claim is finalised/closed and your benefits are coming to an end.
This may be because:-

• you return to work or no longer require treatment; or
• you are unable to return to work as a result of your injury.

 
At this point, the insurer may offer you a lump sum of compensation.  It is very important that you seek the advice of a lawyer before accepting a lump sum payment.
If you accept a lump sum payment from the insurer, you may lose the entitlement to make a “common law claim”.  Read on for more about this!
 
What is a common law claim?
 
Once your statutory claim is over, you may have an entitlement to make a claim against your employer for “common law damages” if your injury was caused by the employer’s negligence.
Negligence might come about if your employer did not provide you with the proper safety equipment or if you were not given the appropriate breaks for example.
 
Why should I talk to a lawyer?
 
It can be very difficult to work out whether there has or hasn’t been any negligence on the part of your employer. If there seems to have been some negligence, it may be very difficult to establish this and present a strong case.
Even if you think your injury has resolved, it may flare up in the future and you want to ensure you do not lose the right to make a claim.
If your application for compensation was rejected by the insurer, you have an opportunity to seek a review of the decision.  It is important this is done properly with your evidence properly presented.
 
There are very strict time frames which apply to the work injury claim process.
You have one opportunity to make a work injury claim, so it is very important that it is done properly! 
 
Arthur Browne & Associates can help you to get the best possible outcome and will not charge you for your initial consultation.  Phone us on 07 4772 2811 for more information or visit our Contact Us page.