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Workplace Injuries

After a worker has been injured, it is common to ask, “Do I need a workers compensation lawyer?” A worker may be reluctant to seek legal advice because they do not want their employer to find out and possibly react in a way that might get the worker treated differently or even laid off.

WorkCover benefits and compensation is available to workers who have been injured during the course of employment. You may also still be eligible for WorkCover Benefits if you were traveling to or from your workplace. You may also be covered for WorkCover if you are an independent contractor depending on the circumstances.

Injuries that can occur in the workplace may include:

  • Sprains and strains
  • Fractures and dislocations
  • Burns, lacerations and blunt force injury
  • Electrocution and chemical injuries
  • Diseases
  • Hearing loss
  • Chronic pain
  • Fatality (dependency claims)
  • Knee, shoulder, neck and back injuries
  • Amputations
  • Loss of fingers
  • Phobia or other serious psychological injury
  • Depression
  • Scarring
  • Eye injuries
  • Vibration syndrome injuries
  • Carpal tunnel syndrome
  • Paraplegia or quadriplegia
  • Neurological injuries and traumatic brain injuries (TBI)
  • Whiplash Injury

Workplace Injuries may include non-physical injuries such as stress, depression, anxiety and sleep loss.

When you have been injured in an accident, remember that workplace injuries are not just limited to physical injuries. A whiplash injury may be considered minor according to the insurance company, but the result can be devastating on a worker and affect their ability to function, work or even sleep.

Have you ever suffered strain or sprain injury before? Stiffness in the body can make it difficult to properly adjust and can also greatly reduce your range of movement. It is not uncommon for people to also suffer from migraines, recurring muscle spasms and ongoing pain in the shoulders, neck, back and other limbs including arms and legs.

Some injuries such as a a shoulder injury may feel minor at first but they may lead to more serious issues that might require surgery, or other treatment such as a cortisone injection. This is especially true for parts of the body that are constantly being used while engaging in your regular activities such as doing regular house chores.

Compensation

You may be entitled to compensation if you have been injured in a workplace accident. Some areas of compensation may be available despite who is at fault for the accident:

  • WorkCover benefits to pay for medical and rehabilitation costs
  • Wage benefits for lost time at work
  • Lump sum compensation
  • Common law damages for pain & suffering, loss or past and future wages, past and future medical and rehabilitation costs, loss of past and future superannuation benefits

How much compensation can I claim for my injury?

According to WorkCover Queensland, the average common law damages payment was $138,059 in the 2012-2013 term.

But how much is your specific injury worth? The short answer is: it depends.

A WorkCover claim in Queensland is governed by the Workers Compensation and Rehabilitation Act 2003 (QLD).

Before an injury can be assessed for compensation, it needs to be stable. When this occurs differs depending on the worker. A workplace injury can vary for many people depending on their age, the severity of the injury, or the circumstances of the accident. Even a minor injury may create serious problems, especially if the worker is older or has a preexisting medical condition.

Common law damages are awarded to a claimant for the losses and damage suffered as a result of the injury. As a general rule of thumb, the more serious the injury and the more losses that arise (e.g. losing time off work, having to pay housekeeping expenses, medical bills, etc.), the higher the amount of compensation.

Do not be fooled by anyone who assesses what your compensation may be worth without having a in depth knowledge of your specific accident, injuries and losses. The legal system is complicated and small changes in the facts can result in drastically different outcomes.

It is important to speak with a personal injury lawyer concerning any fears or doubts that you have about your work injury. The risk to your health and your future outweighs the decision to do nothing and ‘let it be.’

Fortunately, an accredited specialist in personal injury is experienced in workers compensation claims and can provide you with the advice that you need to make an informed decision.

To find out more how East Coast Injury Lawyers can assist you in your workers compensation claim, please contact us or fill in our free, no obligation case review to be informed of your legal rights.