If you have been injured at work (or whilst travelling to or from work), you may be entitled to compensation. The law in Queensland provides for two types of compensation – statutory benefits and common law damages.
Statutory benefits are payable when a worker has sustained an injury in circumstances where the worker’s employment was a significant contributing factor. There is no need to establish fault on the part of the employer to be eligible for these benefits. Statutory benefits will reimburse you for out of pocket medical expenses and loss of income following the injury. You may be offered a lump sum payment upon conclusion of your statutory claim.
Common Law Damages
Common law damages are payable in circumstances where an employer is found to be negligent and has failed in their duty to provide a safe workplace. The scope of common law damages is far greater than statutory benefits and includes:
- Past and future loss of income; and
- Past and future medical expenses.
In most cases, you will not be entitled to seek common law damages if you have accepted a lump sum payment upon conclusion of your statutory claim.
Contact a Compensation Lawyer
The workers’ compensation scheme can be confusing and we recommend that you contact us as soon as possible so that we can guide you through this process. It is also important to be aware that strict time limits apply to bringing a claim so you should act promptly to protect your rights. Contact us for a no obligation initial consultation with one of our experienced legal practitioners.