We will therefore provide you with ongoing advice throughout your claim as to when we anticipate being able to set your matter down for a compulsory settlement conference. If I lose my job whilst my common law claim is on foot, can I request an advance payment of settlement monies from the insurer? Insurers do not generally provide advance payments on common law claims. We recommend contacting Centrelink if your financial circumstances change and you need assistance.
Please keep in mind that any Centrelink benefits you do receive will need to be refunded at the conclusion of your claim. The specific steps involved in a common law claim against your employer, for injuries sustained in the course of your employment, are outlined below. In order to be entitled to pursue a common law claim against your employer, you must have received a Notice of Assessment from WorkCover.
The Notice of Claim for Damages NOCD is the initiating document that commences a common law claim against the employer and the insurer. It is a detailed document that sets out:. You will need to review and sign the completed document. Once the NOCD has been received, WorkCover must confirm in writing whether it is compliant with the relevant provisions of the WCRA that is, whether the document has been completed correctly.
If the NOCD is not compliant, WorkCover may either waive the non-compliance or require you to address the non-compliance for instance, by providing further information. We will then write to WorkCover and request various materials relating to the subject accident.
WorkCover has 21 business days to respond to this request. We will provide you with a copy of any documents received and, if necessary, seek your instructions in relation to the same. Within six 6 months of receiving the compliant NOCD or waiving the noncompliance issues , WorkCover must provide us with a written confirmation as to whether it admits liability that is, fault for the subject accident.
If liability is denied which it often is , they must provide reasons for the same. Insurers recognise that accidents happen, and each year set aside a pot of money from which to pay personal injury settlements. The only real implication for your employer is that its premiums may increase slightly the following year.
Can I still work for my employer whilst I bring a common law claim, or will I have to resign? You can continue to work for your employer; indeed, many of our clients remain employed with the same employer whilst pursuing a common law claim. It is also illegal for your employer to terminate your employment on the basis that you are bringing a common law claim.
The Part 1 Notice of Claim NOC is the document that commences a common law claim against the public liability respondent. It sets out how the accident occurred, why the respondent was negligent that is, at fault , and details of your treatment providers. It will then be sent to the respondent, whose public liability insurer will assume conduct of the claim on their behalf.
There are time limits associated with the provision of the Part 1 NOC; it must be provided within either nine 9 months of the date of the accident , or one 1 month from the date that you instruct a law firm to act on your behalf, whichever is earlier. Within one 1 month of receiving the Part 1 NOC, the respondent must confirm in writing whether:. We will then provide the Part 2 NOC to the respondent, which contains information regarding the nature and extent of your injuries. We will write to the respondent and request various materials relating to the subject accident.
The respondent has one 1 month to respond to this request. The respondent in a public liability claim does not need to provide as much material as WorkCover does in a claim against an employer. Within six 6 months of receiving the Part 1 NOC, the respondent must provide us with a written confirmation as to whether it admits liability that is, fault for the subject accident.
Unlike common law claims against employers, the respondent in a PIPA claim does not need to provide reasons for its denial of liability. Unlike claims against employers, there is no specific timeframe in which a PIPA claim must proceed to a compulsory settlement conference. A PIPA claim is therefore usually conferences upon receipt of the liability response, along with all liability and medico-legal evidence. The respondent must provide us with written confirmation as to whether it admits liability.
Queensland's Workers' Compensation Insurance Scheme. Have you had a workplace injury? Report the injury immediately to your supervisor. Complete an incident report. Make a note of any witnesses to your accident. Take a photograph of any faulty plant or equipment that caused your injury if applicable. Obtain medical attention.
Making a Claim. You must lodge the following documents in order to do so:. An Application for Compensation. Requisite Documents. Q: My employer wants me to see their company doctor.
Is this allowed? Time Limits. If you sustained an injury over a period of time such as if you developed psychological injuries over the course of several months due to ongoing bullying , You must lodge a claim within six 6 months from the date that you first consulted a medical practitioner. Your employment was a significant contributing factor to the injury. Your employment is connected with the State of Queensland. You sustained an injury. Physical injuries, such as a fractured ankle or lower back strain Psychological injuries, such as depression and anxiety disorders An aggravation of a pre-existing injury or condition A latent onset injury or condition.
This is typically acquired over a period of time but is not immediately obvious, such as asbestosis or mesothelioma. You are a worker. Psychological Injuries. At your normal place of employment. Whilst you are carrying out your work duties at an alternate place of employment for instance, if you are employed by company X, but are working at a mine site owned by company Y.
If you are on a recess break as long as you do not subject yourself to abnormal risk. When this occurs,. WorkCover will consider various factors. When this occurs, WorkCover will consider various factors, such as:. WorkCover has 20 Business Days. Decision A. Accept the Claim. If your claim is accepted , WorkCover will pay summarized for the following: However, this timeframe may be extended in certain circumstances; for instance, if WorkCover requires additional information or medical evidence to make a decision.
Not Included. Your Obligations. Decision B. Reject the Claim. You have 20 Days. This may include: photographs if applicable ; statements are taken from your co-workers as to how your injury occurred; any incident reports completed in relation to the circumstances of your injuries; and any medical records or reports that support your claim.
Closure of Claim. Psychological Injuries Psychological injuries can, however, only be found to have stabilised by a Psychiatric Medical Assessment Tribunal MAT , which is comprised of three independent doctors usually psychiatrists. Permanent Impairment Assessment. A PI assessment must be conducted by an appropriate doctor: Physical injuries will be assessed by an occupational physician or appropriate specialist such as an orthopaedic surgeon. Industrial deafness will be assessed by an audiologist.
Psychological injuries will be assessed by the Psychiatric MAT as outlined above. Attending the Psychiatric MAT. Attending the Psychiatric MAT is an opportunity for you to talk about how your psychological injuries impact upon you on a daily basis.
If you think you will be nervous, it is a good idea to write down some notes about this , that you can refer to if required. Be prepared by having this information, including dosage and frequency, at hand. If you become tearful and overwhelmed by the questions asked, you can request a short break. You have three 3 choices upon receipt of the NOA; namely, to:. A re-assessment may assess you with: the same PI , which would not change the amount of lump-sum compensation offered to you; a higher PI , which would increase the amount of lump-sum compensation offered to you; or a lower PI , which would decrease the amount of lump-sum compensation offered to you.
PI Thresholds. Relevant Period. Prior to 15 October No PI threshold. There are several types of common law claims. These include: Claims against an employer , whereby a person is injured in negligent circumstances whilst they are at work. These claims are brought under the WCRA. Claims against an employer and a third party. Legal Fees. Lauren injured her foot at work when she fell over a box. There are usually two 2 issues in dispute in a claim which we will closely consider; that is: liability that is, who was at fault for your injuries ; and quantum that is, how much your common law claim is worth.
The following are examples where it has been established that a duty of care is owed by one party to another: An employer owes their employees a duty of care to its employees to provide them with a safe working environment An occupier of premises owes a general duty of care to persons on premises under their control.
Doctors owe a duty of care to their patients. Various matters are taken into account when considering whether a respondent has breached its duty of care, including but not limited to: whether a reasonable person in the position of the respondent would have foreseen that their conduct may cause you risk of injury; and if so, what a reasonable person would have done in response to the risk, taking into account: the magnitude of the risk; the degree of probability of it occurring; and the difficulty and expense of taking action to remedy the risk.
Examples where a respondent has breached its duty of care. Barry tripped on the box and fell forwards, landing on his right elbow. Joint illegal enterprise:.
Past economic loss and associated interest and loss of superannuation. Future economic loss and associated loss of superannuation. Future out-of-pocket expenses. In some cases past and future care and assistance. In some cases Fox v Wood damages. The different heads of damage are outlined below. General Damages. For instance, cervical spine injuries are grouped together, as are knee injuries, ankle injuries and mental disorders. Relevant factors as to the severity of an injury include the diagnosis, impairment assessment and ongoing impact.
The numbers range from 0 to The higher the number, the higher the compensation for pain and suffering. Interest Interest is recoverable on past special damages. Past Economic Loss. Examples of past economic loss PEL calculations. Scenario 1 - Larry is unable to return to work at all as a result of his injuries.
Scenario 2 - Larry required 2 weeks off work, before returning to full-time work. Scenario 3 - Larry required 2 weeks off work, before spending 8 weeks on suitable duties. Future Economic Loss The largest head of damage is usually that of future economic loss. Anticipated retirement age Anticipated retirement age Future economic loss is generally calculated from the present date to your anticipated age of retirement, which is usually taken to be 65 or Your anticipated age of retirement is usually taken to be 65 or Calculating Future Economic Loss A number of considerations will be taken into account when calculating your future economic loss, including: your education and work history; whether you have returned to the same role following your injuries; how much time you have had off work; whether you have had to use sick or annual leave for your injuries; whether you have lost opportunities for a promotion, increased pay rates or to work on a more lucrative project; and how your injuries are impacting upon your work for instance, whether you require assistance from co-workers.
Future Economic Loss. However, this may be increased if, for instance: you had a pre-existing condition that would have likely impacted upon your ability to work in the future irrespective of your accident-related injuries ; you have had a sporadic or limited employment history; or your long-term future in a certain industry such as mining is particularly tenuous. Calculation of Future Economic Loss.
Global Award. Various factors may be taken into account when making a global award, including your: age; literacy and computer skills; education and qualifications; employment history; disadvantage on the open labour market; an future intentions. Future Loss of Superannuation. Fox v Wood Damages. There are, however, some limited exceptions to this. If you are bringing a public liability claim, you are only able to claim for gratuitous care and assistance if you can demonstrate that you required this care for six 6 hours per week, for six 6 months, as a direct result of your injuries.
Type of Claim. Limited circumstances only. Interest in past care and assistance can be claimed in some circumstances. You can assist us to substantiate a claim for past care and assistance where applicable by: keeping a detailed, up-to-date diary of care and assistance that has been provided to you; providing photographs of, for instance, your unkempt house, unclean swimming pool or your garden which is full of weeds; and providing us with the names and contact details of your family members or friends who have provided you with care and assistance, so that we may obtain a statement from them in this regard.
For an injury to stabilise. You should be involved with the planning of your return to work from the start. This increases the likelihood that your recovery and return to work will be a success. As well as focusing on getting better, setting goals for returning to your normal job is an important step. You should also communicate openly and honestly about your injury and how you are feeling.
Your full responsibilities can be found on our Worker commitments page. Most importantly, you need to support your worker in returning to work. You can find your full responsibilities on our Employer obligations page. To see what these people are required to do, click here. If an incident has occurred at work, depending on the severity you may need to notify WHSQ.
Not all work-related injuries happen in your main place of work. Depending on the situation, you may still be eligible for compensation. In such cases, the employer needs to find other work for the employee to do, if they can. Employers should understand that when an employee is injured, there are still ways they can contribute positively to the workplace.
As such, employers should look at skills and experience when it comes to finding other tasks for the injured employee. If an employee is not provided with suitable duties at work, they may need to stay away from work longer in order to get better. Recover at Work is a temporary program that allows injured employees to work for a host employer while they recover. The program is supported by WorkCover, or the employer if they are self-insured, and means the injured employeee can make use of their skills and abilities, whilst maintaining an income until they are able to go back to their normal job.
The Workers' Compensation Regulator is responsible for undertaking reviews of insurer decisions under Chapter 13 of the Workers' Compensation and Rehabilitation Act This function is delegated to and undertaken by the Office of Industrial Relations, which aims to provide independent, prompt, non-adversarial review of certain decisions made by insurers.
If a worker, claimant or employer is unhappy with a decision made by WorkCover Queensland or a self-insurer they may be able to ask the insurer for a reasons for decision document within 20 business days of being advised of the decision.
A worker, claimant or an employer is then able to lodge an application for review with the Office of Industrial Relations within 3 months of receiving the insurer's written decision. The other party to a review will either be the worker or employer depending on who lodges the review. The review process is not a court process. It involves a review by a Review Officer of all the documentation available in relation to a worker's application for compensation.
The Review Officer does not re-investigate an application for compensation and will not request further information from the applicant or the other party. Section of the Workers' Compensation and Rehabilitation Act sets out a list of decisions that can be reviewed. A few of these include:.
Some of these decisions may however be appealable to an Industrial Magistrate. For more information on appeals, click here. If a worker, claimant or employer is unhappy with the insurer's approach in determining an application for compensation, this is not something that can be reviewed.
However a complaint can be lodged directly with the insurer. If a worker, claimant or employer is not sure if a decision is reviewable, an application for review can still be lodged, however it will need to be assessed to determine if it is a reviewable decision. Do not attach any documents to the notice of appeal other than the review decision which is being appealed.
You will have an opportunity in the course of the appeal to provide any documents or additional evidence you wish to be considered to the respondent. If a worker, claimant or employer has any questions about completing the Form 9 notice of appeal they may contact the QIRC registry on You should speak with WorkCover Queensland as your insurer about the specifics of your particular claim.
This process is called a common law claim. There are a number of things you should do to make this happen. Compensation is not payable if the injury is intentionally self-inflicted s WCR Act. However, a work-related suicide may still be covered if the psychiatric condition was so severe as to deprive the worker of the ability to form a deliberate intention to cause self-harm, or if the psychiatric injury is found to have arisen out of the course of employment in compensable circumstances see Psychiatric and Psychological Injuries on this page.
The WCR Act does not define serious and wilful misconduct. All injuries should be formally reported to the employer as soon as practicable.
A claim for statutory compensation is generally only valid if lodged within six months after the entitlement to compensation arises s WCR Act. This is usually when the injury occurs, but is defined by the WCR Act as the day on which the worker is assessed by a:. This time limit may be waived if WorkCover is satisfied that any delay in lodging the application is due to mistake, absence from Queensland or a reasonable cause s 5 WCR Act.
WorkCover must waive the requirement if it is satisfied that special circumstances of a medical nature exist as determined by the Medical Assessment Tribunal s 4 WCR Act.
Some employers are under a legal obligation to maintain proper records of injury and to report injuries to WorkCover within eight business days s WCR Act. Claims for compensation can be made even if the employer has left the address where the worker worked or the employer has gone into liquidation. A claim for compensation requires two documents, a WorkCover claim form and a WorkCover medical certificate. The medical certificate must be obtained from a medical practitioner or, for a minor injury, a nurse practitioner s WCR Act.
The certificate must be lodged with the claim form. The claim can be lodged in a variety of ways including by post, in person, by telephone, fax or over the internet.
The claim form must be truthfully completed. Substantial penalties can apply for not truthfully completing the form. A copy of the claim form should be served on the employer. The worker should also keep a copy of the documents and note the date the claim was lodged. WorkCover has 20 business days after receipt of the claim form in which to decide whether to accept the application for compensation s WCR Act. WorkCover has the right to ask the worker to provide a statement and any other proof of the injury and its cause.
The worker may also be asked to attend a medical appointment with a WorkCover doctor and must cooperate with such a request s WCR Act. The provisions in respect of weekly payments are complex, and the WRC Act should be referred to for more specific information. Workers receiving compensation have a legal obligation to notify the employer and WorkCover in writing of a return to work within ten business days even if the work is voluntary s WCR Act.
WorkCover must pay the cost of any reasonable medical, hospital and rehabilitation expenses that a worker will incur ch 4, pt 2 WCR Act. To have WorkCover pay for any treatment, such as surgery, physiotherapy, psychological counselling and chiropractic treatment, prior approval should be obtained from it.
WorkCover also imposes limits on the amount of treatment. If the worker has to travel a distance of more than 20 kilometres one way for the purpose of medical treatment, they may be entitled to claim travelling expenses s WCR Act. In any case, it is wise to keep records of all travelling for medical treatment. The cost of taxi or ambulance travel is not claimable until a doctor certifies that it is necessary.
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