QLD Injured at Work - Entitled to Workers Compensation?

[FunkyTown]

Hi. I injured my foot at work - there were dodgy floorboards that I'd been telling them to get fixed for ages. Am getting scans done tomorrow.

Because I teach dancing as a part-time teacher, it means I won't be able to work teaching some of my regular classes, or perform for other paid work (I am booked for a lot of shows for the next month). I'm not sure how long I'll be out of action for - I have to see how serious the injury is.

What's the best way to see if I can get workers compensation?

Thanks in advance for your help

 

[Amanda E]

Hi @FunkyTown

• It sounds like you may be able to apply for workers compensation.
• Let your doctor(s) know that your injury may be part of your workers compensation claim.
• If you haven't already, notify your employer - Your employer is required to have compulsory Workers Compensation insurance for employees, including part-time employees.
• I think you'll find this WorkCover Qld "Make a claim" page helpful.

Hope that helps

 

[Sophea]

Funkytown,

You can lodge a Workcover claim online here: https://ols.workcoverqld.com.au/ops/public/claimRegistration.wc

You should do this as soon as possible. After you do, workcover will notify your employer that your claim has been lodged if you haven't already advised them. You don't have to involve your employer in the claim process if you don't want to.

As Amanda E said, you should make sure that your doctor knows that you will be making a workcover claim in respect of the injury, that way all of your medical evidence will be documented as relating to this incident and it will make your claim easier.

Are you currently off work completely, or just reduced hours as a result of your injury?

In order for you to succeed on your claim, you will need to prove that your employer was negligent somehow. Therefore many people generally opt to go through a solicitor. I would recommend obtaining legal advice first up. Many solicitors will be able to tell you up front whether you have a valid claim or not without charge.

 

[procrastinasian]

Hello Funkytown,

Amanda and Sophea's resources are excellent starting points in getting more information.

I actually spoke to my principal about this issue and this is a summary of our general discussion.

There are 2 parts to a workers compensation claim. The first part is the statutory claim (“compo”) and the second part is a common law claim (where you sue your employer for negligence).

To receive compo you need to lodge a Claim Form as well as a workers’ compensation medical certificate completed by your doctor. The Claim Form can be completed online, over the phone or in writing. You can find the relevant Claim Form here:
https://www.worksafe.qld.gov.au/__data/assets/pdf_file/0015/3057/Claim-form-FM106-v10.pdf (Sophea provided the online claim form and this link is the general claim form with all of the contact information if you need it)

WorkCover will then decide whether you have suffered a work related injury and, if so, they will accept your claim and start paying you compensation. This will include weekly benefits (for at least a portion of the wages you are losing), all reasonable medical expenses and, if you end up having a permanent impairment, they will end up offering you a lump sum amount for that permanent injury.

In a common law claim, you can receive damages (ie additional compensation), which usually far exceeds any compensation that you receive under your compo claim.

To bring a common law claim, you have to be able to prove that your employer was negligent. Lodging an incident report immediately, taking photos of the floorboards and obtaining witness statements straight away will all help with that.

Before you can start your common law claim you have to wait until your compo claim is finished. You also cannot accept the lump sum offer you receive from WorkCover for any permanent impairment unless the impairment is 20% or more. Accepting the lump sum offer brings an end to any right to bring a common law Workcover claim.

I also think you should speak with an experienced workers compensation lawyer as soon as you receive the lump sum offer from WorkCover, if not before then, to ensure that you receive the right advice and guidance through that relatively complicated process.

I hope this helps you Funkytown (and anyone else for that matter.) If there is any more research or assistance I can do for further discussion, please don't hesitate to ask.