You may be entitled to recover damages for your injuries instead of accepting a WorkCover lump sum offer.
A damages payout will usually be far higher than the lump sum offer.
Get legal advice immediately about a damages claim before accepting a lump sum offer.

If you are claiming damages for a work injury, you can claim for:

  • pain and suffering;
  • lost wages or overtime not paid by WorkCover during your WorkCover claim, plus interest;
  • future loss of wages, if there is a chance your injuries might affect your future earnings;
  • any treatment expenses not paid for by WorkCover;
  • the cost of any future treatment or medication.

We will tell you if you have a damages claim and give you an estimate of what your damages claim is worth – free of charge.

You may still be able to claim damages even if WorkCover has:

  • rejected your claim;
  • closed your claim without making an offer; or
  • assessed your impairment at 0%.

If you have a question about WorkCover claims, we will know the answer, but don’t wait too long as you only have 3 years to start your damages claim.

Understanding Work Injury Damages Claims

Recover work injury damages instead of accepting a WorkCover lump sum offer. You can claim for damages and receive a much higher compensation if you sustain an injury at work due to negligence on the part of your employer. Work injury damages cases in Queensland must begin within a three year time limit of the injury taking place. A notice of claim for damages is made by a work injury compensation lawyer against the negligent employer, following your impairment assessment carried out under the Workers Compensation Act.

What Work Injury Damages you can Claim For?

At Richardson & Lyons, our personal injury lawyers in Brisbane specialise in work injury damages and can help you recover compensation by filing a notice of claim for damages. Workplace injury damages are sought once a workers’ compensation claim and lump sum compensation assessment have been made. An assessment that demonstrates a workplace injury resulting in a 15% Whole Person Impairment or more can be brought against the workers compensation insurer, and then additional damages are sought from the negligent employer’s insurer.

Work injury damages that you can claim for include:

  • Pain and suffering;
  • Lost wages and future loss of wages;
  • Past and future loss of Superannuation;
  • Treatment expenses not paid for by WorkCover;
  • The cost of any future treatment for your injuries.

When Can You Claim Damages?

Compensation and damages for a work injury damages claim in Queensland must be sought in the first three years following the injury.

Even though there is a work injury compensation time limit, you can still claim work injury damages even if WorkCover has:

  • Rejected your claim (subject to a successful review);
  • Closed your claim without an offer; or
  • Assessed your impairment at 0%.

You are also entitled to compensation if an injury or illness occurs while you are employed that stops you from working. It does not need to be work-related, or caused by negligence on the part of your employer. If you are permanently unable to return to work due to your injury, you can receive a TPD permanent disability benefit.

Work Injury Damages Claim Legal Advice

Work injury damages cases are covered by our No win, no fee guarantee, which ensures that the advice you receive for your damages claim is non-biased. Claim work injury damages within the first three years’ time limit to ensure that your damages case receives compensation. If you have an injury, work-related or not, that affects your ongoing ability to work, you may be eligible to seek disability benefits from your superannuation fund.

Work Injury Damages FAQs

A work injury damages claim is made following an injury sustained at work due to negligence on the part of your employer. You can claim damages and seek compensation for ongoing treatment expenses, wage losses, and for the pain and suffering related to your injury.

An impairment assessment must first be made of your injuries, to allow WorkCover to finalise your claim with a lump sum offer. Following this, you may pursue a work injury damages claim against a negligent employer by enlisting the help of a personal injury lawyer.

In Queensland, you have up to three years following a workplace injury to lodge a claim for damages. If you have sustained an injury that is not work-related yet affects your ongoing ability to work, you may seek a permanent disability benefit.

A personal damages claim involves an initial impairment assessment to establish the basis for making a work injury damages case. Once a case is successfully proven, compensation and damages payouts will be made. An injury that affects your ongoing ability to work may require additional time to seek permanent disability benefit payouts.