WorkCover claims in Queensland can be filed when a worker is injured at work. The Queensland state government insurance agency WorkCover offers compensation under two categories namely Statutory Compensation and Common Law Compensation. The first one also known as Workers Comp entitles a worker compensation for medical expenses. It covers wages for a brief period of time when the worker is unable to join the work. It is a “no fault” insurance scheme which means a worker is entitled to receive compensation irrespective of who was at fault for the incident.
A worker is compensated for the injury under the Common Law when the accident was due to another worker or the employer. The accident may have been due to negligence, omission or wrongful act. The victim receives compensation for all losses suffered due to the work injury. It can include compensation for the past and future lost earnings as well as costs of medical treatments, aftercare and medical aids.
During the period when the injured person has to remain off the work, the payment is disbursed through Statutory Compensation benefit scheme. It covers medical and rehabilitation expenses related to the injury. The compensation amount under this scheme can be 75-85 percent of the worker’s salary. The amount depends on how long the injured person remains off the work. This compensation is paid only for a short period of time. At the end of this time, a complete assessment is made by the doctors. They assess the extent of the injuries and its impact on the injured person. They calculate a percentage rating after taking into account all these factors. The injured person is given an assessment notice which details how much lump sum will be offered as compensation. The person has 20 business days to accept or reject this offer. The offer can be rejected if the person wants to file for higher compensation under the Common Law. If the offer is accepted, the person is barred from any further compensation claim for the same case.
The process of receiving compensation under the Common Law is slightly complicated. It is better to take legal assistance when filing a claim under this scheme. Compensation claim should be filed under this scheme if the injured person can prove that the employer or another employee was at fault for the incident.
To file WorkCover claims in Queensland under any of these two schemes, the injured person has to fill the claim form available at WorkCover website. Filling and submitting the form does not mean the applicant is automatically eligible to receive the compensation. The details are first evaluated by the WorkCover insurance agency before a decision to accept or reject the claim is taken. It is important to remember that the compensation amount offered under the Common Law can be significantly higher than the amount received under the Statutory Law. For this reason, it is always advisable to seek legal advice before accepting the lump-sum compensation offer that comes with the Notice of Assessment.