Workers Compensation

Workers Compensation


If you have sustained an injury at work you may be entitled to claim compensation.

Turner Freeman Lawyers are experts in handling work injury and workers compensation claims for all types of work injury including:

  • Spinal injury
  • Head injury
  • Fracture
  • Soft Tissue Injury
  • Respiratory Illness
  • Eye Injury
  • Shock, Anxiety & Depression
  • Injury suffered on a work related journey

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Frequently Asked Questions

  • Can I claim compensation if I injured myself at work?

    Yes. If you have been injured at work, you are entitled to submit a claim to WorkCover Queensland or if your employer is self-insured, you can submit your workers' compensation claim directly to your employer and it should be accepted and promptly.

    Time limit to submit claims to WorkCover

    If you are injured today, you have six (6) months to submit the claim form to WorkCover. If you miss this time limit, you can still make a claim, however, you need to provide an explanation for the delay to WorkCover which is where we can assist and provide advice on what to do and how to do it.

    Your WorkCover claim will take care of your immediate medical expenses (including surgery), rehabilitation costs, travel costs, pharmaceutical costs and will provide you with about 85% of your normal weekly earnings while you have a current workers' compensation medical certificate.

    If you miss the time limit

    You can still pursue a damages claim if you have not submitted a claim form to WorkCover within six (6) months of the work injury.

    If your workers' compensation claim has already been accepted and if you are concerned about your working future due to your injury, you should promptly seek legal advice regarding your rights and options as you might be eligible for a common law or damages claim. It is only in the common law or damages claim that you can seek and recover money or compensation for pain and suffering, out of pocket expenses, past and future loss of income and future medical expenses.

    Turner Freeman Lawyers No Win No Fee policy

    We are happy to assist and on a speculative or No Win – No Fee basis. You initial consultation with us is free and obligation free. You will also be dealing with a Partner or Senior Lawyer in the firm not a junior lawyer or paralegal.

  • WorkCover Queensland

    WorkCover (formerly known as Workers Compensations) Queensland is a Queensland State Government owned entity which is responsible for workers compensation in Queensland.

    One of the stated aims and objectives of WorkCover Queensland is to help injured workers return to work and as quickly as possible.

    This is wonderful aim and objective, however, over the past 60 years Turner Freeman Lawyers have been acting for and assisting injured workers on a No win – No fee basis, we have often found that work related injuries do not always fully resolve or heal or recover. This can leave workers in a difficult and vulnerable situation, unable to return to the old job and eventually being cut off or having their claim finalised by WorkCover Queensland, and leaving injured workers in a situation of great financial uncertainty and difficulty.

    WorkCover Queensland's role is not to provide injured workers with legal advice. This is our role.

    The financial interests of WorkCover Queensland are directly in conflict with the financial interests of injured workers. In our experience, WorkCover Queensland is always looking for reasons to say no rather than to say yes.

    If you have suffered a work related injury, there is a very good chance you will need to submit a claim form to WorkCover Queensland.

    I've been injured at work, what do I do? How do I submit a claim to WorkCover Queensland

    Very easily. These days, many workers submit their claims forms either online or by telephone and it can done quickly and easily. If you need assistance with completing the form, we are happy to help at no obligation and at no cost as part of our service to our clients and the community.

    Lodging claims with WorkCover Queensland by telephone

    The phone number for lodging claims with WorkCover is 1300 362 128.

    Lodging claim with WorkCover Queensland on the web or online

    Here is the website which takes you to the form to complete which you can submit online.

    WorkCover Queensland is the insurer for the vast majority and almost all of the employers in Queensland.

    Some of the bigger or biggest employers in Queensland have applied for and received permission so that they can act as both employer and also as the insurer. If you are injured at work and your employer is a self insurer, you will need to submit your work injury claim form to your employer not WorkCover Queensland.

    A list of all current employers who are self insured is available at the following website. We have compiled a list of all current employers who are self insurers and their contact details below.

    • Aged Care Employers Self-insurance Group 07 3251 6256 (RSL Care), 07 3861 1997 (IRM Services Pty Ltd), 07 3360 9111 (TriCare - Aged Care Employers Self-Insurance Group)
    • Arnott's Biscuits Limited - 07 3243 5602
    • Arrium Limited (formerly OneSteel) - 07 3275 8455
    • Aurizon Operations Limited (formerly QR National) - 07 3019 8084
    • Australia and New Zealand Banking Group Limited - 07 3947 5189
    • BHP Billiton Limited - 1800 247 927
    • Brisbane City Council - 07 3403 9530
    • CSR Limited - 07 3212 6433 (Building products claims), 07 4722 1977 (Sugar claims)
    • Coles Group Limited - 07 3347 0900
    • Council of the City of Gold Coast - 07 5581 7304
    • Glencore Queensland Limited - 07 3295 7680
    • JBS Australia Pty Limited - 07 3810 2305
    • Jupiters Limited - 07 3228 0028
    • Local Government Workcare - 07 3000 5530
    • Myer Holdings Limited - 07 3550 4142
    • Qantas Airways Limited - 07 3238 2001
    • Queensland Rail Limited - 07 3072 0050
    • Redland City Council - 07 3829 8412
    • Teys Australia Meat Group - 07 3382 5178
    • The University of Queensland - 07 3365 6022
    • Toll Holdings Limited - 07 3275 0450
    • Townsville City Council - 07 4773 8406
    • Westpac Banking Corporation - 07 3227 2490
    • Wilmar Sugar - 07 4722 1977
    • Woolworths Limited - 07 3213 4307
  • What can I do if my Workers Compensation or WorkCover claim is rejected?

    Seek legal advice urgently as strict time limits apply for lodging an appeal which usually three months from the date when you receive the letter or statement of reasons for decision which sets out the basis for the claim being rejected. The appeal process is a legal process. You will need a lawyer to advise you. We are happy to review the matter and advise you on a no obligation or "No Win – No Fee" basis.

  • If you are concerned about your working future due to your injury and if you wish to find out if your claim is worthwhile to pursue, the short answer is yes. In reality and from our experience from seeing first hand the bad outcomes that people achieve without lawyers, the answer is absolutely yes.

    How can a Workers Compensation lawyer help me with my claim?

    A good lawyer will focus on whether he or she can justify their involvement in the case so that you can be confident that the benefits of using a lawyer will outweigh or far outweigh the legal costs.

    Strict time limits apply. You only have three years from the date of injury to commence court proceedings. If you miss this time limit, your rights to pursue damages or proper compensation will be or is most likely to be lost forever.

    If you have a very minor or trivial injury which will largely or completely recover or heal and if your workers' compensation claim has been accepted, you may not or probably don't need to see a lawyer. However, your first consultation with us is free so we advise all our clients and potential clients to seek the advice and at the earliest possible time to remove any doubt or worry about your rights or where you stand.

  • No. Not at all.

    If you have a common law or damages claim to pursue, it simply means that your lawyer will need to advise you about a potential claim against the labour hire company and also a potential claim against the entity or company in control of the premises where you suffered the injury.

  • Will I get into trouble if I lodge a claim against my employer?

    Any reasonable employer will not treat you differently or take adverse action against you. There are laws which prohibit this. Your employer is not allowed to terminate your employment for up to 12 months if you have a current workers' compensation claim.

    If you are terminated due to your work related injury, you should seriously consider taking further action and you should consult us for immediate and urgent advice regarding your rights, options and potential remedies. Our initial or preliminary advice will be free and provided on a no obligation or "No Win – No Fee" basis.

    Any claim against your employer will be covered by insurance. If your claim is successful, your employer will not be asked to find or fund the monies to pay you out.

  • How long will my claim take and what will it cost?

    If we advise you that you have reasonable prospects of success and that the claim is economically worthwhile to pursue, we will send you a proper written advice and a proposal. Our proposal will set out, in plain English, a realistic estimate of how long we believe your case will take to resolve and the likely cost.

    Generally speaking, most claims are able to be resolved within 6 to 18 months from when the claim starts. If the case goes to trial (which is highly unlikely) this can add a further 6 to 12 months to the time estimate.

    If your case has to go to court, it will cost more than if it settles at an early stage. The more work which is done results in higher fees; however, we are always doing whatever we can to keep costs as low as possible. All of this is explained in our written advice along with realistic and reliable fee estimates.

    Turner Freeman Lawyers costs

    Our final costs are usually lower than our competitors from our past experience.

    This is because our No Win No Fee service means we do not require you to pay the expenses of the matter even if your case loses – for instance for obtaining medical reports or the charges of other experts.

    All firms who offer a No Win No Fee service must ensure that their final fees do not exceed what the client recovers. The guarantee applies to any settlement or judgment. Under the guarantee, statutory refunds and expenses are deducted, and from the net remaining the lawyer's fees can never be more than half. The lawyer's fees are capped. This is especially important for small claims, but it must be remembered that this guarantee does not work as a 'percentage' or 'cut' of any settlement or judgment. It is a cap. If your case settles for $800,000 after refunds and expenses, and your legal fees with us under our rates scale are $60,000, we do not apply the cap. The cap would result in legal fees being $400,000. In these circumstances and naturally, we would charge $60,000.

    The cap applies even if your case does not settle and it proceeds to trial, which is highly unlikely. In our experience 98% to 99% of cases we run are capable of resolution or settlement prior to trial.

  • Turner Freeman Lawyers No Win No Fee policy

    After we have investigated your claim at no obligation to you, we will then make a decision about whether we would be prepared to act for you on a No Win – No Fee basis. At that time, we will provide you with a proper written advice regarding your prospects of success and whether we are prepared to act for you on a No Win – No Fee basis.

    Under our usual terms and conditions, No Win – No Fee simply means that we if take your case on, we will only be paid a reasonable fee for the legal work we have done for you at the end of the claim and only if you win.

    In the highly unlikely event that your claim goes to trial and in the even more unlikely event that your case goes all the way to trial and you lose, we will not seek to charge you anything for all of the work we have done for you.

    If your case does go to court and you lose, while you would not have to pay us anything, it is likely that the court would order to pay the other side's legal costs which could be a substantial sum.

  • Am I affected by the latest WorkCover legislation changes?

    Possibly.

    If you receive a Notice of Assessment from WorkCover and the assessment is equal to or less than 5% in terms of the work related impairment you should seek legal advice urgently. Why? The reason is this: if your impairment is not more than 5% you will be precluded or prevented from ever pursuing a damages claim which is a huge problem if you have suffered an injury which is likely to cause you to suffer loss of income now and/or or into the future.

    If the assessment of permanent impairment is 5.1% or higher, then you can still pursue a court claim or damages claim, however, if the level of impairment is anything more than 5% but equal to or less than 20% you can't accept the lump sum offer made by WorkCover and sue for damages. This is extremely important to understand. If you accept the lump sum offer made by WorkCover and your injury is between 5% and 20% then you will be forever precluded or prevented from being able to sue for damages.

    If your impairment is more than 20% then you can accept the lump sum offer from WorkCover and sue for damages, however, a relatively small percentage of claims result in impairments which are greater than 20%.

    Does this explanation seem complicated? We think so. We believe the system is excessively complicated and the recent changes to the existing system were unnecessary and unfair, however, we are happy to provide you with our preliminary advice and explain all of this at no obligation or on a "No Win – No Fee" basis.