If you have a workplace injury while working in Queensland you need to lodge a claim with WorkCover Queensland.  You can do this over the phone 1300362128 and tell them you would like to lodge a claim over the phone. WorkCover will investigate the claim and decide if it has been caused by your work. They will accept or reject your injury. If they accept it you are entitled to be paid weekly compensation and to get rehabilitation while you are incapacitated. You need to present to WorkCover a medical certificate on the WorkCover form. Please discuss this with your doctor. You must do this within 6 months of your injury or WorkCover may not accept the injury because of the delay.

If you have a serious injury with permanent impairment then you need to contact us as soon as possible. There are new legislative changes that may be put into place that may affect your rights.

We advise that these are which are likely to come in effect in July of this year which may affect your entitlement to seek common law for damages.  These changes have been in place in many other Australia states for some time due to budgetary concerns with their workers’ compensation schemes and, as you may be aware from recent news items, WorkCover Queensland is currently in poor financial shape. 

What may happen

Should the current proposals become law, from July 2010 onwards if you are issued with a Notice of Assessment by WorkCover Qld or a self insurer which assigns you a WRI (or Work Related Impairment) of less then 10% then you will be denied access to sue your employer in common law for damages.  This means that the only compensation you would receive for your injury would be the statutory benefits, that is the rehabilitation and weekly payments, that you receive after you lodge an accepted Application for Compensation.   You may also be offered a small lump sum amount as part of your Notice of Assessment however this does not usually exceed $5,000.

What we recommend

As any changes to the system will not come into force until after July 2010, and will not be retrospective, we would recommend you consider if you are in a position to serve a Notice of Claim as soon possible and would be pleased to receive your instructions to investigate this for you. 

Due to these possible changes we believe that there will be a large number of claims lodged in the next few months and so it may take some time to have the Notices deemed compliant.  Therefore you need to contact us urgently to discuss your particular circumstances.  We would like to help you with your damages claim.

After lodging a Notice of Claim

From the date your Notice of Claim Form was served on WorkCover Qld the Workers Compensation and Rehabilitation Act 2003 provides that the insurer must now respond to your Notice of Claim within fourteen days.

Medical Evidence

Generally it is beneficial to your claim for us to obtain an expert occupational therapist assessment to address your capacity for work and home duties and what the assistance you may require in the future as a result of your injury.

If we have agreed to speculate our outlays and disbursements then AK Compensation Lawyers will pay the cost of this examination and the cost of the medical report in accordance with your retainer with us. 

Disclosure

After service of the Notice of Claim you have an ongoing duty to disclose to the other side material in your possession about:-

• The accident, including witnesses to the accident;
• Your injury;
• Your treatment and resulting medical condition (including past medical history);
• The financial loss you have suffered.

This material must be provided within one month after giving the Notice of Claim or within seven days after coming into your possession.  There is also an obligation on you to notify the other side if you become aware of a change in your condition or other relevant circumstances. 

Section 275 of the Workers Compensation and Rehabilitation Act 2003 requires you to disclose to the insurer copies of reports, documents, written statements in your possession about the circumstances of the accident and your medical condition or prospects of rehabilitation. 

If you hold copies of any of these documents or your personal or financial circumstances change, we ask you to forward details to our office so we may disclose these.

We request that you continue to keep us updated should any new information or documentation become available. 

Future Conduct

If you are going away we need to know and/or be provided with alternate contact arrangements during these times.

There are strict time frames that apply and costs consequences can flow from a failure to provide information.  The information must also be accurate, fines and other penalties apply to giving false or misleading information.

At any time if you wish to discuss any aspect of your matter please either make a time to come in and see Amanda Karpeles or feel free to phone and speak to me.