In a no-fault "Statutory Phase" claim against your employer, you may be offered compensation from WorkCover. It is recommended you gain personal injury legal advice.
When you make a common law claim, you're saying your employer didn't provide a safe work environment and they breached their duty of care to you.Source WorkSafe Qld
With a common law claim it is up to you to prove this breach caused your injury, pain and suffering, and usually a loss of injury.
If you decide to make a common law claim, your statutory claim for workers compensation will end. You are essentially suing for 'damages'.
Your injury might be assessed by a medical practitioner or the Medical Assessment Tribunal (MAT)
Permanent impairment and to what degree - DPI (degree of permanent impairment)
WorkCover may offer you a lump sum payment in a Notice of Assessment (NOA) letter.
A loss of income relates to your past and future earning capacity. However assessing your future earning capacity, if for example you have taken up a temporary low paying job can be problematic.
A claim on the Gold Coast or across Queensland can take as little as 6 months to resolve, however the average claim duration is around 12 to 18 months according to injury law firms.
If a claim goes to a trial court (approx 99% do not), you may be up for 2-3 years, as published on some large law firm websites.
Hindsight is 20/20 however preventing any injury and maintaining a productive working life is the obvious choice for all of us.
Lifting properly, taking time to access a potential injury opportunity and refusing to engage if the slightest 'gut feeling' of something being wrong.
If you are involved in a workplace accident, and are continuing to the common law phase, the choice of compensation lawyer is important because it is going to be typically 6 months to 3 years, that in itself can be a major life experience.
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