How am I covered on Queensland Roads if I have a traffic accident?

admin2023-05-23T19:02:55+10:0001/05/2023|Motor Vehicle|

How am I covered if I have a traffic accident in Queensland?

Not every accident is ‘black & white’, so contact us for free legal advice regarding your motor vehicle accident. Examples of un-typical car crashes include accidents with children under 18 in the car (as children are allowed a longer time frame to lodge a claim) or if both drivers were partially ‘at-fault.’

Suppose you were injured and the at-fault driver was unlicensed or the car is unidentified, uninsured or unregistered, we can still lodge a claim on your behalf to the Nominal Defendant within a strict time frame of three months. There may be grounds to extend this limitation if there is a good reason to delay lodging a claim. Ask our lawyers for more information in a FREE consultation.

A Personal Injury means someone has been hurt physically or psychologically in an accident.

Property damage means damage to a vehicle or other property damaged in an accident.

CTP Insurance is the compulsory insurance included with the registration of your vehicle. CTP Insurance covers the cost of personal injuries of anyone injured in an accident — except the at-fault driver.

A Blameless Accident is an accident that is not the fault of the owner or driver of a motor vehicle or the fault of any other person. Examples: Medical episode of the driver, hitting wildlife or stock on the road, a vehicle failure (tyre blowout) or a single-vehicle accident.

Contact us for a free, no-obligation consultation to learn more about CTP Insurance and your options. We’re happy to answer any questions you may have.

Personal Injury

Of the not-at-fault driver

Covered by CTP insurance – includes the costs of treatment, rehabilitation and care (which may be for life), loss of income if you are an earner, and any other damages you may be entitled to lodge. (such as compensation for pain and suffering).

Personal Injury

Of the at-fault driver

Or

Injuries of drivers and passengers in a ‘Blameless Accident.”

Serious Injury Covered by NIISO Scheme. NIISQ covers severe personal injuries, including:

Permanent spinal cord injuries
Permanent Injury to the brachial plexus
Traumatic brain injuries
Severe burns
Permanent blindness caused by trauma
Multiple or high-level limb amputations
More information Link here

Less Serious Injuries

Sick leave, Centrelink benefits, Medicare, and the public health system.
Your insurance policies, such as income protection or private health insurance

Personal Injury

Of passengers (both in the at-fault car and not-at-fault car)

Covered by CTP Insurance – includes the costs of treatment, rehabilitation and care (which may be for life), loss of income if you are an earner, and any other damages you may be entitled to lodge. (such as compensation for pain and suffering).

Personal Injury

Other people caught up in the accident eg: cyclists & pedestrians.

Covered by CTP Insurance – includes the costs of treatment, rehabilitation and care (which may be for life), loss of income if you are an earner, and any other damages you may be entitled to lodge. (such as compensation for pain and suffering).

Personal Injury

From an at-fault driver in an unregistered car, interstate registered, uninsured or unidentified (Ie no CTP insurance with the car)

We make your claim with the Nominal Defendant – however, there is a shorter claim period of only three months.

Property damage when you have third-party Property Damage Insurance

If you were at fault, your Third-party Property Damage insurance will cover damage to the other vehicles. It will not cover damage to your car. You must let your insurance company know about the accident.

If you were not at fault, the at-fault vehicle’s insurance would cover damage to your car.

If the at-fault driver has no insurance, then you will need to

1 Negotiate with the at-fault driver to agree when and how they will pay for the damage, or
2 Apply to QCAT to resolve the dispute

Property damage when you have comprehensive Insurance

Your comprehensive insurance covers damage to your vehicle (and any other vehicle), whether you were at fault or not. Lodge a claim directly with your insurance company.

Property damage up to $25000 when neither party has insurance

This is the messiest of all situations and we have numerous enquiries about this.

You have two options –

1 Negotiate with the at-fault driver to agree when and how they will pay for the damage, or

2 Apply to QCAT to resolve the dispute

It’s important to know that if you’re involved in an at-fault accident, the amount of coverage you receive and your eligibility to make a claim can vary based on your insurance policy. To understand the terms and conditions, read your insurance PDS carefully.

Here’s a breakdown of what to expect based on your policy type:

With CTP Insurance, you’ll be covered for personal injury claims made against you in the event of an accident involving pedestrians, cyclists, or other drivers. However, this won’t cover damage to your vehicle or the other drivers.

Third Party Property Damage Insurance may cover damage caused to another person’s vehicle or property, but won’t cover your own vehicle. You may opt for Fire and Theft Cover to protect against theft, fire damage, or attempted theft.

With Comprehensive Car Insurance, you’ll be covered for damage to your vehicle in the event of an accident, regardless of who’s at fault.

It’s worth noting that coverage may vary from insurer to insurer and from state to state, so be sure to do your research and check your PDS for full details on your specific policy.

What Does CTP Insurance Cover – Revolution Law

admin2023-05-18T17:59:28+10:0018/04/2023|General, Motor Vehicle|

What does CTP Insurance Cover?

Your CTP Insurance is more valuable than you think – even if you are the at-fault driver. See our handy guide below. Sometimes there are mitigating circumstances (for example ‘contributory negligence’), so jump in and contact us with questions. We are happy to give you a FREE consultation with one of our experienced personal injury lawyers.

If you are the

NOT at-fault driver

Upfront funded medical treatment and travel expenses to obtain treatment. Compensation available for future medical treatment, treatment expenses such as medication and rehabilitation, domestic assistance (if needed), past and future economic loss (including time off work), and damages for ‘pain and suffering’.

YES

Passengers in the car of the “at fault” driver?

Upfront funded medical treatment and travel expenses to obtain treatment. Compensation available for future medical treatment, treatment expenses such as medication and rehabilitation, domestic assistance (if needed), past and future economic loss (including time off work), and damages for ‘pain and suffering’

YES

At Fault Driver

In general no, but if the injury is severe the National Injury Insurance Scheme may be able to assist with treatment, care and support. https://niis.qld.gov.au/about-niisq/are-you-eligible/

NO

At Fault Driver

Protects from financial claims for injuries caused to others in the car crash.

YES

‘Not-at-fault’ pedestrians & cyclists who are injured by a vehicle.

Upfront funded medical treatment and travel expenses to obtain treatment. Compensation available for future medical treatment, treatment expenses such as medication and rehabilitation, domestic assistance (if needed), past and future economic loss (including time off work), and damages for ‘pain and suffering’.

YES

Driver in a “blameless accident.”

Coverage of injuries in a “blameless” accidents e.g. the driver has medical episode, crashes whilst trying to miss an animal on the road, a tyre blowout, rocks thrown at windscreens or a single-vehicle crash.

If the accident is severe, the National Injury Insurance Scheme Queensland can provide support

NO

Passengers in a “blameless accident.”

Coverage of injuries from a “blameless” accident eg- injuries from the driver having a medical episode or crashes whilst trying to miss an animal on the road, a tyre blows out, rocks thrown at windscreen, a child running out onto the road or single-vehicle crash.

Depends – Contact us for an assessment.

Other

Coverage to injuries whilst using non-registrable vehicles such as bicycles or skateboards.

See our blog for insurance details for Hire Scooters

NO

Property Damage

Damage to any vehicle or other property in a crash.

NO

WorkCover, what are you entitled to?

admin2023-03-22T08:42:56+10:0005/04/2023|Tips & Tricks, Workers Rights|

WorkCover, what are you entitled to?

Your employers WorkCover insurance covers medical expenses incurred because of the injury, such as visits to the doctor, surgeries, hospital stays, and prescription medications. The goal of WorkCover is to help you get recover in a timely manner and this made possible as WorkCover will fund a range of rehabilitation therapy such as physiotherapy and occupational therapy. WorkCover may also cover the cost of mental health care if your injury has caused you psychological distress.

WorkCover also provides financial assistance for lost wages. The first week of your compensation will come directly from your employer as this is their insurance excess for your WorkCover claim. WorkCover will calculate what they will compensate you and this will be paid weekly. Typically, you will be paid 85% of your wage for up to 26 weeks of your claim, then from 26 to 103 weeks you will typically be paid 75% of your wage. If you are still unfit for work from 104 weeks onwards, compensation will depend on other factors.

In addition, the insurance may cover the cost of any necessary retraining that you need to return to work. WorkCover also can arrange for a return-to-work services provider to assist you with preparing a resume or finding suitable jobs to apply for. WorkCover may also pay for any necessary medical equipment or modifications to your home or workplace that are required to help you perform your job duties.

Overall, WorkCover insurance provides financial support to help you manage the costs associated with an injury sustained while working. It also provides ongoing financial assistance if you are unable to return to work.

We have exceptional experience in the field of Accident Claims, so you can breathe easy knowing you’re making the right steps to getting your life and career back on track.

Car Accident Claims when At Fault Vehicle isn’t Registered

admin2023-08-30T19:45:37+10:0003/04/2023|General, Motor Vehicle, Tips & Tricks|

Car Accident Claims when At Fault Vehicle isn’t Registered in Queensland

Across Australia, wither it be the local story-bridge, or driving up the coast, every registered vehicle has Compulsory Third Party (‘CTP’) insurance. This protects drivers and passengers from the financial impact caused by injuries sustained in a motor vehicle accident, generally when they are not at fault for such an accident.

Each State and Territory has implemented their own CTP schemes with different requirements and legislation for providing this type of insurance. The CTP scheme legislation also determines how the injured party is assisted and compensated after a car accident, which differs substantially across Australia.

If you are driving a motor vehicle registered in QLD and you’re involved in an accident with a car registered outside of QLD, CTP insurance coverage will still apply. The legislation on how it will apply and how you can be compensated will depend on the State or Territory of where the accident occurred physically.

Accident Location Within Queensland.

The at-fault vehicle is registered outside of Qld and the not-at-fault vehicle is registered in QLD.

The personal injury compensation CTP claim would be lodged with the at-fault vehicle’s State or Territory’s CTP provider. As the accident occurred in Queensland, the compensation claim would be managed under the Queensland CTP scheme legislation and applicable precedent law (Judgements in QLD Courts over time). Our lawyers have extensive experience engaging with interstate CTP providers and ensuring the best possible outcome for our clients.

Accident Location Outside of Queensland.

The at-fault vehicle is registered outside of Qld, and the not-at-fault vehicle is registered in QLD.

The personal injury CTP claim would be lodged with the at-fault vehicles CTP insurance provider and managed under the CTP Legislation of whichever state or territory where the accident physically occurred. It is imperative to seek legal advice from a law firm in the State or Territory where the accident occurred, as they will have a  comprehensive understanding of the relevant CTP legislation.  

Queensland Compulsory Third Party ( CTP) Scheme Overview

When obtaining registration for a vehicle, CTP insurance is included in the registration fees. Queensland has an at-fault-based CTP scheme as outlined in the Motor Accident Insurance Act 1994. This scheme is regulated by the Motor Accident Insurance Commission (‘MAIC’). This scheme means that the at-fault person of an accident cannot make a personal injury compensation claim against their vehicle’s CTP insurance policy. The scheme covers all other parties who were in the accident but not at fault, including passengers, other drivers, or even pedestrians. Anyone not at fault who obtained injuries from the accident has the legal right to seek monetary compensation through the registered vehicle’s CTP insurance policy. To be able to do this, proof of liability to determine negligence and then evidence of injury and consequence of the injury is essential to the success of making a personal injury compensation claim.

If you have been involved in an accident in Queensland and you have obtained an injury, our Lawyers would be happy to provide you with a free phone consult to explain to you your legal rights. 

What does a WorkCover claim look like?

admin2023-03-22T08:37:23+10:0029/03/2023|Tips & Tricks, Workers Rights|

What does a WorkCover claim look like?

A WorkCover Claim looks like this;

John was an office worker who had been typing at his computer for hours. He developed a repetitive strain injury in his wrist and was unable to continue working. His friend Greg recommended he speak to a Revolution Lawyer to discuss…. He was able to claim WorkCover Insurance, which enables him to receive medical care and financial support while he recovered.
Sally was a factory worker who was injured in an industrial accident due to unsafe practices. She was burned on her arm by a hot machine and had to be hospitalised for treatment. Her WorkCover Insurance enables her to get the medical care she needed and to receive financial support while she was unable to work. Sally also received a lump sum compensation payout at the finalisation of her common law WorkCover compensation claim.
Mark was a construction worker who fell from a broken ladder while working on a building. He broke his leg and was unable to continue working. He was able to claim WorkCover Insurance, which enables him to get medical care and financial support while he recovered. Mark also received a lump sum compensation payout for his common law WorkCover compensation claim.

*These stories have been created as an example.

WorkCover Claims a Two-Stage Approach.

Stage One: Statutory Claim

A worker can claim WorkCover benefits if injured at work. This stage of the claim is part of a no-fault scheme which means it does not matter if the worker caused their own injury. WorkCover benefits include lost wages, medical and rehabilitation costs and travel costs that are treatment and claim related. WorkCover may arrange for the worker to have a permanent impairment assessment by an independent medical provider to determine what’s referred to as a ‘Total Percentage of Impairment.’ Once the worker has been assessed, they will receive a Notice of Assessment and potentially a lump sum offer payout.

The maximum statutory compensation payout possible is $361,273.00. The lump sum offer is calculated using the worker’s ‘Total Percentage of Impairment.’ If the worker obtained a 1% impairment, they would receive 1 % of $361,273.00 which would be a total lump sum offer of $3612.00.

A worker with a 5% injury would receive a lump sum compensation offer of $18 063.00, and a 15% injury would see a lump sum offer of $ 54,190.00.

If a worker accepts the lump sum offer, they cannot pursue a common law claim for compensation unless their assessed degree of impairment is 20% or more. Obtaining an impairment assessment of 20% or more is a significant injury and not typical for most claims.

It is imperative to seek legal advice before accepting the lump sum offer. At Revolution Law our Lawyers provide a free legal consultation to help you determine whether the WorkCover initial offer should be accepted or rejected.

Stage Two: Common Law Claim

Workers can pursue a common law claim with WorkCover if they are not at fault for their accident. In Sally’s case, there were no safety procedures that she had been advised to follow, making the employer responsible for her injury. Likewise, with James, the broken ladder provided by his employer was not suitable equipment and as such his employer was responsible for the injury that James suffered.

While a statutory claim has a maximum payout of $387,240, a common law claim has no limit for payout. The common law claim works by assessing evidence of each of the heads of damages, including pain and suffering, loss of earnings both past and future, medical expenses, care and assistance, and aids and equipment.

Common law claims are specific to the individual circumstances and injuries of the worker and the supporting evidence. If successful, it is typical for the payout of a common law claim to exceed the statutory claim offer.

Our Lawyers are experienced across an array of WorkCover claims. Take advantage of a free consultation with an experienced WorkCover claim lawyer to determine if a common law claim is right for you. We have exceptional experience in the field of Accident Claims, so you can breathe easy knowing you’re making the right steps to getting your life and career back on track.

Is WorkCover Insurance worth it?

admin2023-03-22T08:29:15+10:0022/03/2023|Tips & Tricks, Workers Rights|

Is WorkCover Insurance worth it?

WorkCover Insurance in Australia is an important form of insurance for businesses and individuals alike. In Australia, WorkCover Insurance provides employers with coverage for any workplace injuries or illnesses that their employees may suffer from. It also includes protection against third-party claims arising from work-related activities and any legal costs associated with defending such claims. But Is It essential?

Yes! This type of insurance is essential because it helps to protect employers from large financial losses in the event of an employee being injured or becoming ill while on the job. From desk jobs to Construction work jobs, Revolution Lawyers have seen a variety of different claims, one thing is certain, it’s life-changing to be prepared.

In Australia, employers must comply with the relevant safety laws and regulations, and insurance helps to provide a financial cushion should an accident or illness occur. This type of insurance also helps to protect employers from potential liability in the event of an employee filing a lawsuit against them.

Another important benefit of WorkCover Insurance in Australia is that it helps to ensure that injured employees receive the necessary medical treatment and financial assistance. In Australia, WorkCover Insurance pays for medical expenses, lost wages, and other benefits. It also helps to cover the costs of rehabilitation and disability, should an employee’s injury or illness prevent them from returning to work. As such, WorkCover Insurance in Australia provides important financial security for injured employees. If you want to know more of the details of what else is covered, speak to your local Revolution Lawyer. We’re happy to sit down with you and explain any of the highly detailed contracts involved.

Finally, WorkCover Insurance in Australia encourages employers to provide a safe working environment to prevent workplace injuries and illnesses. In Australia, employers must take all reasonable steps to ensure the safety of their employees. This includes providing adequate training and protective equipment, as well as conducting regular risk assessments. If you’re unsure if your employer is providing you with the correct insurance or if you’re unsure if there are other benefits you should be receiving, reach out to Revolution Law.

No matter which of our three offices you choose, our team of lawyers are all dedicated to winning our client’s WorkCover insurance claims. We have exceptional experience in the field of Accident Claims, so you can breathe easy knowing you’re making the right steps to getting your life and career back on trac

admin2023-02-27T18:15:54+10:0027/02/2023|Featured, General, Motor Vehicle|

Car Accident Claims when At-Fault-Vehicle isn’t QLD Registered

Across Australia, every registered vehicle has Compulsory Third Party (‘CTP’) insurance which protects drivers and passengers from the financial impact caused by injuries sustained in a motor vehicle accident, generally when they are not at fault for such an accident.

Each State and Territory has implemented their own CTP schemes with different requirements and legislation for providing this type of insurance. The CTP scheme legislation also determines how the injured party is assisted and compensated after a car accident, which differs substantially across Australia.

If you are driving a motor vehicle registered in QLD and you’re involved in an accident with a car registered outside of QLD, CTP insurance coverage will still apply. The legislation on how it will apply and how you can be compensated will depend on the State or Territory of where the accident occurred physically.

Accident Location Within Queensland.

The at-fault vehicle is registered outside of Qld and the not-at-fault vehicle is registered in QLD.

The personal injury compensation CTP claim would be lodged with the at-fault vehicle’s State or Territory’s CTP provider. As the accident occurred in Queensland, the compensation claim would be managed under the Queensland CTP scheme legislation and applicable precedent law (Judgements in QLD Courts over time). Our lawyers have extensive experience engaging with interstate CTP providers and ensuring the best possible outcome for our clients.

Accident Location Outside of Queensland.

The at-fault vehicle is registered outside of Qld, and the not-at-fault vehicle is registered in QLD.

The personal injury CTP claim would be lodged with the at-fault vehicles CTP insurance provider and managed under the CTP Legislation of whichever state or territory where the accident physically occurred. It is imperative to seek legal advice from a law firm in the State or Territory where the accident occurred, as they will have a comprehensive understanding of the relevant CTP legislation.

Queensland Compulsory Third Party ( CTP) Scheme Overview

When obtaining registration for a vehicle, CTP insurance is included in the registration fees. Queensland has an at-fault-based CTP scheme as outlined in the Motor Accident Insurance Act 1994. This scheme is regulated by the Motor Accident Insurance Commission (‘MAIC’). This scheme means that the at-fault person of an accident cannot make a personal injury compensation claim against their vehicle’s CTP insurance policy. The scheme covers all other parties who were in the accident but not at fault, including passengers, other drivers, or even pedestrians. Anyone not at fault who obtained injuries from the accident has the legal right to seek monetary compensation through the registered vehicle’s CTP insurance policy. To be able to do this, proof of liability to determine negligence and then evidence of injury and consequence of the injury is essential to the success of making a personal injury compensation claim.

If you have been involved in an accident in Queensland and you have obtained an injury, our Lawyers would be happy to provide you with a free phone consult to explain to you your legal rights.

Brisbane and Logan E-Scooters

admin2023-01-08T18:33:21+10:0017/01/2023|Civil, General|

Brisbane and Logan E-Scooters

Quiet and green with no harmful emission of gases, they are convenient, low maintenance, cost-efficient and environmentally friendly. November 2018 saw Brisbane start her relationship with e-scooters, and within the first seven months, commuters and tourists jumped on board, with over a million trips recorded!

As with all new relationships, there has been some working out how we negotiate this new territory, and to help this, on 1st November 2022, the Queensland Government brought out a new code of rules for Personal Mobility Devices. These include changes to speed limits and increasing fines of up to $1,078 for dangerous offences involving speed, illegal road use and holding a mobile phone while riding. If you break the road rules whioe on your scooter, you will be given the same fines as motorists.

Personal Mobility Devices include e-scooters, e-skateboards and self-balancing single-wheeled devices (like e-unicycles and e-boards). Designed for one person, they weigh no more than 60kg and will have an electric motor and two or more wheels.

Here are some smart guidelines to a injury claim on a scooter;

Keep left and give way to pedestrians and mobility devices (eg wheelchairs)
Travel at the right speed for where you are
Travel at a safe distance from a pedestrian so you can avoid a collision
Do not tailgate
Keep left of oncoming bicycles and other personal mobility devices.
Wear a helmet
Mobile phones can be mounted to the handlebar as a GPS Or speedometer. BUT you are not allowed to have a phone in your hand or tucked into your clothing.
It must have an effective stopping system and a working bell (or warning device)
The rider must be at least 16 years old (12-16 years must be supervised by an adult)
Only one person at a time on the Personal Mobility Device.
Indicate when turning right – by indicators or using your hand
Park responsibly – do not obstruct paths, access areas or park too close to junctions
Do not ride ‘under the influence of alcohol or other substances

How fast can I go?

Footpath & Shared Paths 12km/h
Separated paths & Bike Paths, Bike lanes & Local Streets 25km /h

Whatever the environment, look around for local signage. You may find Personal Mobility Devices to be prohibited, like in your local Shopping Malls.

If you do have an accident while scooting on a hire scooter (either from a scooter or on a scooter) contact the insurance company of the Scooter company (listed below)

Beam Insurance Policy

Neuron Insurance Policy

Helbiz Insurance Policy

If you are in a scooter accident, you may have a TPD claim with your Insurance policy attached to your superannuation. It can all be very confronting, annoying, and even stressful, especially when you should be recovering. If you’d like assistance going through your policies, your Revolution Lawyer specialises in injury claims and can help you check through your superannuation with you.

Contact the Revolution Law Team for options if you are hurt in any mobile accident, car or scooter accident. You can have a FREE no-obligation meeting with one of our Lawyers.

What are the Four Vehicle Insurances in Queensland

admin2023-01-08T18:29:30+10:0011/01/2023|Motor Vehicle|

What are the Four Vehicle Insurances in Queensland

“My uninsured car was parked on the street outside my house. I had it up for sale for $16,000. One night a drunk driver smashed into my car. He wrote off my car, and he had no insurance, either. He said he would pay me, but it’s been months, and he still has not given me any money. I needed that $16000”

“My daughter borrowed my uninsured spare car to get to work. She had an accident, and although it was not her fault, the other vehicle had no insurance either. Fortunately, the airbags protected my daughter, and she was not injured, but my car was written off, which is financially costly.”

You might be surprised how many people ring Revolution Law after an accident, looking for help for property damage. Often, they tell us they don’t have insurance, forgot to pay it, forgot the expiry date or chose not to have it. Unfortunately, not having insurance exposes you to hefty financial costs if your car is involved in a car accident.

There are four types of car insurance;

Comprehensive
Third-Party Fire and Theft
Third-Party Property Damage
The mandatory Compulsory Third Party Insurance (CTP).

Compulsory Third Party (CTP) insurance is mandatory as it protects you financially if you have a car accident and injure or kill someone.

Queenslanders can choose between four registered Insurers;

Allianz, QBE, RACQ and Suncorp.

This insurance covers you if you are hurt or injured in a vehicle accident by an at-fault driver.

Suppose you are injured in a “hit and run” accident or by an uninsured driver. In that case, your lawyer will pursue compensation from the Nominal Defendant – the statutory office acting as the CTP insurer for uninsured or unidentified vehicles.

While CTP Insurance protects people injured in a vehicle accident, it doesn’t cover the damage caused to or by your vehicle. To ensure “property” is covered, you will need to add one of the following insurances –

Third-party property damage: covers you if you cause damage to someone’s property (e.g. their car or home).
Third-party fire and theft cover: covers your car if it’s damaged by fire or stolen and includes the cover provided by the third-party property damage insurance.
Comprehensive car insurance: the most extensive (and most expensive) form of cover. This provides cover for damage or theft to your car, as well as to the property of others.

Finding the right insurance is as important as finding the right lawyer. Revolution Law specialises in these types of car accident claims. We can aid you in getting your life back on track and walk you through the process of getting the best results.

If you have had any car, vehicle or mobile accident and have insurance questions, give your local Revolution Lawyer a call and organise a FREE no-obligation meeting to review your crash.

What is Work Cover

admin2023-01-08T18:25:17+10:0006/01/2023|Injury, Uncategorized, Workers Rights|

What is Work Cover?

WorkCover Queensland is an insurance company that provides workers’ compensation insurance.

An employer pays annual premiums to cover their employees.

Are injured workers still eligible for compensation if your employer is uninsured?

YES! If Workcover is required to pay your worker’s injury claim, and your employer is uninsured or under-insured, they can recover from your employer the amount they have paid out on the claim, plus a further penalty.

Accident insurance is compulsory if you employ workers in Queensland.

Can your employer charge you for having Workers’ Compensation Insurance?

NO! It is an offence to charge a worker (directly or indirectly) for the cost of workers’ compensation or damages. ANY AMOUNT paid for a work injury claim can be recovered and a fee imposed.

Can your boss sack you for being injured at work?

NO! Workers who have work-related injuries are protected by legislation. This includes protecting them from dismissal within 12 months of sustaining a workers injury.

Does your boss have to provide rehabilitation if you are injured at work?

YES! Your employer must provide you with workplace rehabilitation in case of a claim. They should support you in getting better and back to work safely and as early as possible.

What types of Injuries are covered by WorkCover?

physical injuries – cuts, lacerations, burns,
penetrating wounds, broken bones or fractures
psychological and psychiatric injuries – depression, anxiety, post-traumatic stress disorder
diseases – industrial deafness, Q-work related respiratory diseases, such as asbestosis, silicosis, and others
aggravated injury or ongoing symptoms
critical injuries or work-related fatalities.

I was injured on the way to work -am I still covered?

YES – You are covered

At your workplace
Travelling between worksites
While working interstate and overseas.
Travelling between work and home (“journey claim”).

What about if the injury is a result of serious or wilful misconduct?

The injury may be covered. The injury would need to meet specific criteria. Ask our Revolution Law team for further explanation on this matter.

What about if it was my fault?

The statutory scheme operates on a no-fault basis, meaning a worker can claim regardless of who caused the injury.

What does WorkCover compensation cover?

Basically, the following are covered, with various qualifications depending on individual circumstances.

weekly benefits for lost wages
medical expenses
rehabilitation expenses (such as physiotherapy or counselling)
hospital expenses
travelling expenses
lump sum compensation for permanent impairment
death benefits.

What about if I lose the use of or part of my body?

If you suffer a permanent impairment— loss of efficient use of part of the body, or loss of part of the body—as a result of your work-related injury, you may be entitled to a lump sum compensation.

If I die due to a work-related injury, does WorkCover help my family?

WorkCover may pay compensation for the death of a worker to the workers’ family (‘dependants’). Payments can include any medical costs, funeral costs, and compensation payable where family members are partially or totally dependent on the worker’s earnings. Qualifications depend on individual circumstances.

When does Workcover stop paying me?

A worker’s entitlement to weekly compensation ends when the first of the following happens

You return to work and are no longer injured
You receive a lump-sum offer
You have received weekly payments for five years
Your total weekly compensation reaches the maximum amount payable.

When does Workcover stop paying for my treatment?

WorkCover will stop paying medical treatment, rehabilitation, hospital, travelling, and expenses when your entitlement to weekly compensation ends and the injury will no longer improve with further treatment.

I am not happy with WorkCovers compensation offer. What can I do now?

You may choose to seek damages for their injury through a common law claim. Your policy covers you for the cost of a common law claim. You must meet certain criteria before you are entitled to seek damages and you will need to establish some liability on the employer’s part.

Common law costs (damages) can include payments for:

pain and suffering
past and future wages or economic loss
past and future medical costs

legal costs.

In most instances, statutory claim costs are offset against any damages to be paid. Check out this LINK to find out more information.

If you’re concerned about a worker or you had an injury, contact your local Revolution Law Team to discuss your options. For further information about WorkCover and your rights at work, we can organise a no-obligation meeting with a lawyer whenever suits you.

About admin

How am I covered if I have a traffic accident in Queensland?

What does CTP Insurance Cover?

WorkCover, what are you entitled to?

Car Accident Claims when At Fault Vehicle isn’t Registered in Queensland

What does a WorkCover claim look like?

Is WorkCover Insurance worth it?

Car Accident Claims when At-Fault-Vehicle isn’t QLD Registered

Brisbane and Logan E-Scooters

What are the Four Vehicle Insurances in Queensland

What is Work Cover?

ASK ABOUT YOUR CLAIM TODAY

call

email

closest office

socials

ASK ABOUT YOUR CLAIM TODAY

call

email

closest office

socials