If you’ve been injured at work in Queensland, it’s important to understand your rights and the steps you need to take to ensure you receive the proper compensation and support. The process of reporting and claiming for a workplace injury can be confusing, but with the right knowledge and resources, you can navigate the system smoothly. Knowing what to do after being injured at work is crucial, as it can affect the outcome of your claim and your ability to receive the benefits you’re entitled to, such as medical expenses and lost wages. We’ll cover everything from reporting the injury to your employer, to understanding the claims process and your rights as an injured worker. With the information provided in this article, you’ll be equipped with the knowledge and resources to handle a workplace injury and get the support you need to recover.
The first steps to take after you're injured at work in Queensland
If you are injured at work in Queensland, it is important to understand the steps you need to take to ensure that you receive the appropriate compensation and support. The first step is to notify your employer of the injury as soon as possible, and to seek medical attention if necessary.
Your employer is then required to notify WorkCover Queensland of your injury. From there, you may be eligible to receive benefits such as medical expenses and lost wages. To obtain these benefits you must submit an application for workers’ compensation to WorkCover Queensland. When submitting your workers’ compensation application, you should submit a work capacity certificate.
Do I get full pay if injured at work in Qld?
If you are injured at work, you may be entitled to receive workers’ compensation benefits, which can include medical expenses and lost wages. However, the amount of pay you receive may not be equivalent to your full salary.
In Queensland, injured workers are entitled to receive a percentage of their pre-injury average weekly earnings, which is based on your gross salary before tax. This percentage is determined by the workers’ compensation insurer. The relevant percentage is the greater of:
- 85% of your pre-injury normal weekly earnings for the first 26 weeks of incapacity;
- the amount payable under your industrial instrument.
The rate of compensation drops down from 26 weeks to two (2) years after the incapacity.
Should your employer pay you if you are injured at work?
If you are injured at work, it is important to understand that it is not your employer who pays you, but rather, it is the responsibility of WorkCover Queensland, the workers’ compensation insurer. Your employer is required by law to have a workers’ compensation policy in place, but they do not pay the benefits directly. Instead, when a claim is made, WorkCover Queensland will then assess the claim and determine the level of benefits to which the worker is entitled. These benefits can include things like medical expenses, lost wages, and lump sum payments. It is important to keep in mind that your employer’s duty is to provide a safe workplace, but the payment of compensation is the responsibility of WorkCover Queensland. And it’s important to seek legal advice if you are unsure about your rights and the process of claiming the benefits.
What if the accident at work was your fault?
If you have been involved in an accident at work that was your fault, it can be a difficult and confusing situation. It is important to understand that in most cases, you are still entitled to workers’ compensation benefits, regardless of who is at fault because the Queensland scheme is “no-fault”. However, it is important to be honest and transparent with your employer and the workers’ compensation insurer, WorkCover Queensland, about the circumstances of the accident. Depending on the severity of the accident and the circumstances surrounding it, your employer may also have the right to take disciplinary action. However, it is important to remember that you have rights as an employee and you should always seek legal advice if you are unsure of your rights or if you feel that you have been treated unfairly. Remember, the most important thing is to focus on your recovery and getting back to work. If you are injured and unable to work, you are entitled to receive the benefits that are meant to help you during this time.
Injured at work then fired
If you’ve been injured at work and then subsequently fired in Queensland, it can be a difficult and stressful situation. Being terminated from your job while dealing with an injury can feel unjust and can leave you feeling uncertain about your rights and what steps to take next. It’s important to understand that in most cases, being fired from your job does not affect your entitlement to workers’ compensation benefits from WorkCover Queensland, who is the state-run insurer for worker’s compensation in Queensland. However, if you believe that your firing was in retaliation for filing a workers’ compensation claim or that your employer is not acting in good faith, you should seek legal advice as soon as possible. Additionally, depending on the state you are in, you may have a right to make an unfair dismissal or discrimination claim. The termination may also be in breach of the Queensland workers’ compensation legislation.
In any case, it is important to focus on your recovery and to not let the stress of being fired to affect your health. Remember that you have rights as an employee and you should always seek legal advice if you are unsure of your rights or if you feel that you have been treated unfairly.
Making a common law claim after you have been injured at work
In Queensland, if you have been injured at work, you are generally entitled to make a claim for workers’ compensation benefits through WorkCover Queensland. These benefits include things such as medical expenses, lost wages, and rehabilitation costs. However, if your injury is severe and you believe that your employer was at fault for the accident, you may also be able to make a common law claim. A common law claim is a legal action where you can seek additional compensation for things such as pain and suffering, future economic loss, and other non-economic damages.
Making a common law claim in Queensland requires the statutory claim to be completed first and it is essential to be aware of the time limits to file a common law claim, which a lawyer must identify based on your individual circumstances. It is also important to note that the process of making a common law claim is more complex and it’s recommended to seek legal advice before proceeding with a claim. A common law claim is a legal action that can be brought against your employer for their negligence that led to the injury, and it’s different from the statutory claim which is related to the benefits from Workcover Queensland. However, the damages in a common law claim are still paid by WorkCover Queensland.
Conclusion
Being injured at work can be a difficult and confusing time, and the situation can become even more complex if you are subsequently fired. It’s important to understand that in most cases, you are still entitled to workers’ compensation benefits from WorkCover Queensland, regardless of who is at fault or if you have been fired. However, it is important to be honest and transparent with your employer and WorkCover Queensland about the circumstances of the accident or injury. Additionally, you may have the right to bring a common law claim for greater damages, if your employer was at fault. If you are unsure of your rights or if you feel that you have been treated unfairly, it’s always best to seek legal advice. It’s important to remember that you have rights as an employee and you should not hesitate to advocate for yourself. If you are looking for legal assistance and support, please feel free to contact us for a free consultation. We will be happy to help you navigate this complex situation and ensure that your rights are protected.
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