If you suffer a work related injury or illness, either physical or psychological, you may be entitled to pursue a claim for damages against your employer. This is a claim against WorkCover Queensland in most cases unless you work for an employer which is self-insured.
The initial benefits or compensation paid by the insurer after your injury, including your medical expenses and lost wages, are paid irrespective of any fault on the part of your employer. This is a statutory claim whereby compensation is paid even if there is no fault on the part of your employer.
However, if your injury is due to the negligence (fault) of your employer you may have a right to pursue a common law claim for damages against WorkCover Queensland or your employer, if it is self- insured.
Future expenses can be claimed e.g: –
- You may require treatment in the future such as surgery which can be very expensive.
- You may also need time off work in the future due to the ongoing effects of your injury.
- In the most significant of cases you may not be able to return to work at all in the future. If this is the case we can make a claim for loss of wages into the future through to retirement.