If you've suffered a work-related injury, you can seek legal advice from the personal injury lawyers at Swanwick Murray Roche. Get legal advice for your compensation claims.
Had an accident at work?
Let our workers' compensation lawyers help.
In the unfortunate event that you suffer an injury at work or because of work, you may be entitled to compensation under Queensland’s personal injury law.
This reimbursement is provided by WorkCover Queensland or a self-insured employer. It falls into two types:
- Statutory claims. This is a no-fault scheme where an entitlement to compensation simply rests on your ability to show that you are a worker and were injured at work
- Common law claims . These are claims where ongoing loss is claimed commenced after the statutory phase and where it is necessary to show fault on behalf of your employer for the event occurring
How to claim compensation
Claims for accidents at work in Queensland invariably begin with a statutory claim being lodged by your legal counsel.
Claims for workplace injuries under compensation law in Queensland typically start with a statutory claim lodged by legal counsel. Early legal advice can assist with navigating interactions with WorkCover and support the claims process. This also places you in the best position to get fair compensation through the legal process.
Compensation law considerations
The amount that you will be entitled to receive depends on:
- The extent of your injuries
- Your age
- Your employment history
- For the amount of wages lost, both current and future
- The extent of ongoing medical assistance required
- Whether you will require care, either now or in the future
What we do
For this field, legal guidance is a key service that we provide to corporate and private clients who are making a personal injury claim.
Our lawyers for workers’ compensation provide legal advice and representation to corporate and individual clients in compensation matters, including:
- Dust disease claims
- Public liability claims
- Road accident injury claims
- Work related injury claims
Total and permanent disability or death superannuation insurance claims
Our lawyers for accidents at work
If you are facing medical expenses, rehabilitation costs, or lost wages due to an injury, financial support claims may be available. Your personal injury case will be managed by legal professionals familiar with Queensland law.
Rockhampton compensation lawyers assist clients throughout the claims process, providing guidance on legal requirements and helping to process claims.
Our claims process
Our Queensland team assists you with filing for your claim compensation to ensure that you know about your rights and entitlements.
Our full claims process is this:
Step 1: Get in touch – Share your situation with us. Understand your needs from the start assists with the claim.
Step 2: Free first consultation – We’ll arrange a no-obligation consultation anywhere in Australia. During this session, we’ll hear your story, gain key details that help us in gathering evidence to support your case, and provide clear, practical advice.
Step 3: Negotiation – Leave the negotiations to us. We’ll handle all communication with the insurer to pursue possible compensation entitlements on your behalf.
Step 4: Settlement – We manage your case through the claims process, including settlement discussions and, if necessary, trial.
No Win, No Fee
We offer a no win no fee claim. This means if we take your case on and it isn’t successful, you will not have to pay fees for our legal services.
Speak to us more about how you can benefit from our no win no fee policy.
Workers’ compensation claims: Common mistakes
Injured workers often make avoidable mistakes that can weaken their ability to seek compensation. Understanding your rights and the limitations against your rights is an important part of this process.
The types of issues that hold up or work against a successful outcome of a work-related personal injury claim include:
- Delaying the report when an injury occurs – Waiting too long to notify your employer can make it harder to prove your personal injury claim.
- Skipping medical care – Immediate medical treatment is crucial. Attend all medical appointments and follow your doctor’s advice.
- Poor documentation – Successful claims rely on medical records, witness statements, and proof of lost income. Gather as much evidence as possible.
- Dealing with insurers alone – Without guidance, it’s easy to say something that could harm your case. This is especially so in work-related road accident claims or motor vehicle accidents involving someone else’s negligence.
- Getting lost in legal jargon – The system is full of complex terms. Without legal expertise, you may misunderstand your options or entitlements.
- Failing to identify the responsible party – The responsible party isn’t always obvious, especially in multi-party incidents.
- Settling too early – Some injuries suffered worsen over time. A trusted legal team helps ensure your personal injury claim reflects all you’ve suffered.
- Not collecting evidence quickly – Early collection of evidence is key. A lawyer can help navigate this complex process while you recover.
Making compensation claims easier
Let our work injury lawyers make it easier for you. Our legal representatives help you understand your rights and navigate your claim. We explain your compensation entitlements and provide advice from start to finish.
Our Rockhampton lawyers, support both individuals and businesses across a wide range of claims in Queensland. Our workers’ compensation lawyers assist with compensation claims when you need it most.
Not in the Rockhampton area? We have expert lawyers for accidents at work who will come to you anywhere in Australia by agreement to provide advice on your legal position.
FAQs: Workers' compensation lawyers Rockhampton
Who can make a claim?
In the event that you have suffered a work-related injury or had an accident on the way to or coming home from work, you may well be entitled to workers’ compensation.
The following types of workers can claim remuneration:
- Full-time employees
- Part-time employees
- Casual employees
- People deemed to be workers which include jurors, work experience students and some volunteers
What type of work-related injuries can I claim for?
You can make a claim for an injury or illness sustained through work-related activities. Some common injuries to parts of the body include:
- Spinal
- Industrial deafness
- Burns
- Fractures
- Falls
- Crush
- Respiratory system
- Psychological
- Brain injuries
- Repetitive strain
- Shoulder
- Neck
- Back
Are there time limits as to how long I have to make a claim?
Time limits vary under different State and Federal laws. In Queensland, it is important that you report your injury to your work and workers’ compensation insurer as soon as possible. Strict time limits do apply to workers’ compensation claims. To avoid missing any important dates, you should contact a lawyer quickly.
How much will it cost to make a work injury claim?
Financial stress is often one of the biggest concerns after a workplace injury. That’s why we offer a no win, no fee arrangement for all work injury claims. This means you won’t pay any legal fees unless your claim is successful.
If your claim is successful, your legal fees will come out of your total amount. However, legal fees are deducted from the compensation amount, with all costs explained during your initial consultation.
Our workers compensation lawyers in Rockhampton help injured workers seek fair compensation. If you’ve suffered workplace injuries, seek legal advice early to understand your rights and improve your chances of a fair outcome.
How long will the workers’ compensation claim take?
How long the claim takes depends on a few things. For example, how complex your particular situation is. Once one of our personal injury lawyers has an understanding of your situation, they will be able to give a better idea of the timeframes involved in the matter.
Do I have to prove the injury happened?
Yes. It is up to you to prove the incident happened. There are different ways that you can prove the incident occurred. Our Rockhampton compensation lawyers will be able to help you go through these different options with you.
Is there a chance I will lose my job if I make a claim?
There are laws in place to ensure you are not sacked because you have made a workers’ compensation claim. However, if you are no longer able to do your job because of illness or injury it is highly likely that your employer will not be in a position to keep you in the job in any event.
What should I do if I have been injured at work?
To make a successful claim, you should do the following:
- Report your injury to your employer immediately
- Visit a qualified medical practitioner as soon as possible
- Provide them with a full description of what occurred to you and the injuries you have suffered as a result. You will need medical evidence to show that your injury is work-related
- Lodge a claim with your employer’s insurer
It is best to seek medical advice as quickly as you can as your right to compensation depends on the date you see a doctor, not the date you are injured.
These steps are part of your pathway to claim workers compensation and ensure you are meeting the requirements of Queensland’s workers compensation scheme. Once your claim is lodged, your employer’s workers compensation insurance provider will assess your eligibility and manage your entitlements.
Will I need to go to court for my workers’ compensation claim?
The vast majority of claims are settled before going to trial. In some matters, there is no alternative to court. However, this is only on very rare occasions.
Can I claim for the death of a member of my family who died in a workplace accident?
If a member of your family has died in a workplace accident you may be entitled to claim damages under WorkCover.
What happens if I don’t win my workers’ compensation claim?
If you aren’t awarded any compensation you won’t have to pay any of your legal fees however, you may have to cover the legal costs of the person or company which you made the claim against.
Can I claim income protection through my superannuation?
Yes you can. If you have taken out income protection as part of your superannuation policy. Also if you are forced out of your trade or job due to your injury you may be entitled to a superannuation lump sum. You are not able to obtain these payments while you are receiving wages through a statutory claim at WorkCover.
Does my employer pay the damages that I am awarded?
No, the claim is made through an insurance company and they are responsible for the payment of the damages. Like any insurance policy, the employer premium may rise as a result of the claim. However, they are not responsible/liable for the damages paid to you.
My Employer says they do not have WorkCover, is this right?
This is not correct. Every employer in Queensland is required by law to hold WorkCover insurance. In the event that they do not hold insurance, WorkCover will determine if you are entitled and will extend cover on behalf of the employer.
What should I do before taking legal action for a workplace injury?
Before taking legal action, it’s important to gather all relevant documentation related to your injury. This includes incident reports, medical records, and any correspondence with your employer or WorkCover. These relevant details help our team assess your case and provide tailored advice.
At Swanwick Murray Roche, our workers’ compensation lawyers in Rockhampton will guide you through the entire process, ensuring you understand your rights and legal options.
If you’ve been injured at work, we recommend seeking legal advice as early as possible to protect your entitlements and build a strong case.
Can I do this myself? Why do I need a work injury lawyer?
While it’s possible to handle a work injury claim on your own, it can be difficult without legal knowledge. You’ll need to understand complex legal jargon, deal with the insurance company, and make sure you’re meeting all legal requirements, all while recovering from your injury.
Our work injury lawyer will handle these tasks for you. This includes gathering evidence, negotiating on your behalf, and ensuring you’re not taken advantage of. This support is especially important if your injury was caused by someone else’s negligence. We’ll also help assess how your injury has impacted your earning capacity and fight for fair compensation.
Having SMR’s work injury lawyers gives you clear advice and action.
Resources & quick links
Explore some of our recent legal updates and resources that you might find useful on our Compensation Resources page. Remember, these updates and resources are general guidance only. If you need legal advice or assistance gathering evidence, you should contact our workers compensation team to discuss your matter as your personal circumstances may not suit the circumstances described in the updates and resources.
Personal Injury Compensation links:
Road Accident Injuries | Work Related Accidents | Public Liability | Asbestos & Occupational Disease | Superannuation & Total Permanent Disability