What We Do

Workplace Injury Claims

Workers in Queensland are protected by legislation that covers workplace accidents. Employers in Queensland must have Workers Compensation Insurance for their employees. If you suffer a workplace injury, sustained at work or on the way to work, you may be eligible to lodge a claim for workers compensation, usually with WorkCover Queensland.

It doesn’t matter who or what has caused your injury. Sometimes nobody is to blame for the accident, but you could still have a right to workers compensation benefits.

Who can make a Workplace Injury compensation claim?

Any employee of a Company can lodge a workers compensation claim if they have been injured at work or on the way to work. The Workers Compensation Scheme in Queensland covers casual and permanent employees, full time and part time employees and temporary employees. Contractors may also be covered under the Workers Compensation Scheme. Just because you are a contractor does not mean you have no entitlements. To discuss whether you are eligible to pursue a claim for compensation against your employer contact us today to arrange a no obligation free consultation.

How do I lodge a Workers Compensation claim?

Before you lodge your Workers Compensation claim, you are required to obtain a Workers Compensation Medical Certificate from your treating GP. This Medical Certificate then needs to be provided to WorkCover Queensland. You can then contact WorkCover Queensland and and advise them of your claim over the telephone.

What happens after I have lodged my claim with WorkCover Queensland?

WorkCover will contact your employer to discuss whether the employer agrees that you were injured at work. If your employer agrees then the claim should be accepted. Sometimes, an employer may not agree that your injury was sustained at work or the circumstances of the injury differ. If that is the case, WorkCover will make a decision as to whether or not they will accept your claim. If they do not accept your claim, then you seek legal advice immediately so you can get assistance in challenging their decision.

What happens once my claim is accepted?

If your claim is accepted then WorkCover Queensland will pay you 85% of your normal weekly earnings. WorkCover will also fund your medical treatment, rehabilitation services and some travel expenses until you have reached maximum medical improvement as advised by your treating medical practitioners.

Once I reach maximum medical improvement what happens?

When you have reached “maximum medical improvement” then your payments from WorkCover will cease and you will likely be able to return to work. Upon reaching maximum medical improvement you can ask WorkCover Queensland to assess you for permanent impairment. If you are assessed as having an impairment greater than 0% then WorkCover will offer you a Lump Sum Compensation.

What is Lump Sum Compensation and what should I do if I receive an offer?

Lump Sum Compensation is an amount WorkCover Queensland will offer you to settle your claim without pursuing it any further. If you have been injured at work and you have been offered Lump Sum Compensation we would be pleased to advise you in relation to that offer. In some circumstances, offers of Lump Sum Compensation should be accepted. However, in other circumstances, a much more generous system of damages can be accessed through a “WorkCover Common Law claim”.

What if I accept the Lump Sum Compensation?

If you accept the Lump Sum Compensation from WorkCover then in most cases your claim is finalised. One the claim is finalised you have no further entitlements to compensation for that injury.

What is a WorkCover Common Law claim and should I pursue it?

A WorkCover Common Law claim compensates injured workers for pain and suffering, out of pocket expenses, loss of wages including future loss of wages, loss of superannuation and future superannuation and future expenses to name a few. A WorkCover Common Law can only be pursued if it is proven that some degree of fault can be attributed to the employer. Most Common Law claims are more generous that any Lump Sum offers initially made by WorkCover. Prior to accepting or rejecting any Lump Sum Offer of compensation from WorkCover you should seek legal advice. If you have completed the paperwork incorrectly then you can lose your right to reasonable damages in a Common Law setting.

A WorkCover Common Law Claim can be lodged on your behalf. These claims must be lodged within three years of your date of injury. A failure to lodge a Common Law claim within these time frames limits your ability to proceed with a claim for compensation. However, it is always best to obtain legal advice before making any decisions.

What happens once I lodge a Common Law claim?

Once a Common Law claim has been lodged with WorkCover, they will then review the documents submitted to ensure you have provided all the necessary information to investigate your matter. WorkCover will then investigate the circumstances surrounding your injury including the cause and the consequences and once those investigations are complete it, will advise whether they agree the employer was at fault in causing or contributing to your injuries.

Once WorkCover have made their decision and advised us of their position we then attempt to resolve your claim for compensation by attending a Settlement Conference. At the Settlement Conference both parties attempt to negotiate a sensible and fair resolution of your claim for damages. If your matter does not resolve at the Settlement Conference then there are formal steps necessary to advice your claim and there is the chance your matter will proceed to Trial at Court. You can, however, make an offer to resolve your claim at any time and so can WorkCover. Most matters are resolved by negotiations and the chances of proceeding to Trial are slim.

Who pays the compensation?

An obligation of all employers is to be covered by Workers Compensation Insurance. As a result, it will be the Insurer of your employer who pays the compensation.

Public liability Claims

When a person is injured on private or public property they may be eligible to pursue a Public Liability claim. Some examples of public liability claims are:

– Accidents at Shopping Centres (including car parks);
– Accidents at shops or supermarkets;
– Accidents
– Accidents in parks and gardens or on footpaths;
– Accidents caused by contractors such as tradesmen and builders;
– Schoolyard and playground accidents;
– Accidents caused by faulty products;
– Injuries caused by animals such as dog attacks.

Who would I claim against?

A Public Liability claim is made against the person or company considered to be at fault for causing the accident. In most cases, that person or company will pass the claim on to their public liability insurer. Their Insurer will take over the matter and pay any compensation you may be entitled to.

What sort of things can I claim?

In a Public Liability claim you can include an allowance for the following:

• Pain and Suffering;
• Out of pocket expenses such as medical expenses, rehabilitation expenses and medication;
• Loss of income, both current and future loss of income;
• Loss of Superannuation upon loss of income;
• Future Expenses such as paid domestic assistance, medical costs and medication;
• Interest upon losses suffered;
• Care and assistance provided by family and friends in some cases.

What will it cost me?

As mentioned earlier, Cross Law provides services on a no win, no fee basis. Again, this means we do not seek payment for our services until the conclusion of your matter, once compensation has been paid.

The amount of professional fees we charge will be dependent on your case and the amount of work required. These costs are set out in our Costs Agreement.

Are there any time limits?

There are strict time limits that apply to public liability claims. If you fail to comply or lodge your claim within the relevant time limits then you can lose your right to claim compensation even if you would otherwise be successful. Public Liability claim provisions can be fairly complex so if you have been injured and would like to explore the possibility of making a public liability claim, we strongly recommend you contact us today to obtain expert legal advice without delay. We would be pleased to discuss the relevant timeframes with you.

Criminal Compensation Claims

Have you been the victim of a crime? Victims of acts of violence in Queensland are entitled to bring a claim for the grant of financial assistance which may be payable by the Queensland Government. These claims for compensation can be brought upon by what is called a “primary victim” or a “secondary victim”. A primary victim can be a person who has died or has sustained injuries as a direct result of the act being committed against the person. A secondary victim can be a parent of a child who has been injured or a witness of the act of violence. If a claim for financial assistance is established successfully then the victim is entitled to be compensated.

What sort of crimes need to have occurred?

There are a number of different acts of violence that can have occurred to entitle a person to apply for a criminal compensation claim. Some examples are :

– physical assault (e.g. being hit, pushed, punched, restrained or choked);
– any sexual offence;
– burglary with violence and/or robbery;
– stalking, kidnapping and deprivation of liberty;
– violence involving motor vehicles (e.g. dangerous driving causing death or grievous bodily harm);
– murder, manslaughter and attempted murder; and
– domestic and family violence committed by an intimate partner, family member or informal carer.

If you believe you may have been a victim of crime or have an entitlement to compensation, we strongly recommend you contact us today to obtain expert legal advice without delay. We would be pleased to discuss whether you meet the requirements to fall into category.

What is considered an injury?

To be eligible for victims of crime compensation, Victims Assist Queensland need to ensure that you have in fact been injured. They will require evidence of an injury. Victims Assist Queensland consider a broad range of injuries that are direct result of the crime to include:

• physical injuries such as bruises, wounds, muscle damage, bone injuries, damage to teeth, or brain injuries;
• psychological injuries such as post-traumatic stress disorder, anxiety disorders and mood disorders; and
• emotional injuries such as altered concentration, sleep disturbance, or fear and worry that impact a person’s ability to resume their normal life.

For victims of sexual offences or domestic and family violence, an injury may include other adverse impacts, such as:

• a sense of violation or reduced self-worth;
• lost or reduced physical immunity or physical capacity;
• increased fear or feelings of insecurity;
• adverse impact on lawful sexual relations; and
• adverse impact on feelings.

How much could I claim as a victim of crime?

Under the Victims of Crime Assistance Act 2009 the maximum amount a primary victim may be entitled to claim is $75,000 and the maximum amount a secondary victim may be entitled to claim is $50,000. However, each application is individually assessed by Victims Assist Queensland and a decision is then made on your entitlement to compensation.

A primary victim may also be eligible to receive a special assistance payment of up to $10,000 and a related victim may be eligible to receive a distress payment of up to $10,000 as well as a dependency payment. The total amount of assistance granted will vary depending on the victim’s individual circumstances.

What can I claim for?

If your application is approved, Victims Assist Queensland can help cover some or all of the costs associated with your recovery. These may include:

– Medical and counselling costs;
– Travel costs to attend medical and counselling appointments;
– Safety and security costs;
– Replacement of clothing damaged during the crime;
– Crime scene cleaning costs;
– Loss of earnings (up to $20,000—special conditions apply);
– Other reasonable expenses to help recover from an injury;
– Legal costs incurred in applying for assistance (up to $500—special conditions apply); and
– Funeral costs (up to $8,000).

What is a Special Assistance payment?

A Special Assistance payment is a recognition payment given to primary victims. These payments fall into four categories:

• Category A ($10,000) includes crimes such as attempted murder, rape, incest against children under 16, and maintaining an unlawful relationship with a child under 16;
• Category B ($3,500) includes, but is not limited to, other sexual offences, grievous bodily harm, burglary with violence, armed robbery, torture and kidnapping;
• Category C ($2,000) includes, but is not limited to, serious assaults, other robberies, unlawful wounding, assault while armed resulting in bodily harm, and cruelty to children;
• Category D ($1,000) includes, but is not limited to, acts of domestic and family violence not covered in a higher category, stalking, and deprivation of liberty.

If the victim is a child, this money will be held by the Public Trustee until they turn 18. Likewise, if the person has an administrator, the money will be paid to the administrator.

What is a distress payment?

When a person dies from violence in Queensland, related victims (their close family members and financial dependants) can apply for a distress or dependency payment.

If the related person is a child, this money will be held by the Public Trustee until they turn 18. Likewise, if the person has an administrator, the money will be paid to the administrator.

Who pays the compensation?

The Queensland Government will pay your compensation. However, if you receive financial assistance and the offender is found guilty of the act of violence, the Department of Justice and Attorney-General will seek to recover the amount from the offender.

Your information, including your application, will be treated with care as required by the Victims of Crime Assistance Act 2009, the Right to Information Act 2009 and the Information Privacy Act 2009. Your details will not be provided to an offender during this process.

Do time limits apply?

An application for compensation must be made within 3 years after the act of violence has occurred. If the victim is a child, then a claim needs to be lodged within 3 years after the child turns 18 years of age. The time limits can be extended in certain exceptional circumstances. If you do not apply within 3 years or if your matter does not fall within one of the exceptional circumstances, then you will lose your right to claim for a grant of financial assistance payable by the Queensland Government.

What will it cost me to bring a claim?

As mentioned earlier, Cross Law provides services on a no win, no fee basis. Again, this means we do not seek payment for our services until the conclusion of your matter, once compensation has been paid.
The amount of professional fees we charge will be dependent on your case and the amount of work required. These costs are set out in our Costs Agreement.
Victims Assist Queensland will pay up to $500 towards your professional fees and you would be responsible for the balance of the professional fees from any compensation you may receive.

If you suffer an injury, illness or medical condition in any circumstances then in addition to any other claim for compensation, you may have an entitlement to claim the insurance benefit available under a superannuation fund entitlement called “TPD” or “Total and Permanent Disability”. 

How do I know if I have TPD Insurance?

You can either check your Superannuation Statement(s) yourself or provide those Statements to us and we can check for you. If you don’t have any paperwork to hand we can make enquiries of your superannuation fund for you, with your authority.

Can I claim?

You can make a claim if you have ceased employment because of an injury, illness or medical condition and you are under 65 years of age and unlikely to return to employment as a result of that injury, illness or medical condition.

How much money can I claim?

You can claim the amount of money you are insured for by way of TPD policy with your superannuation insurer.

What does it cost to make a claim?

This depends upon the work required to complete the task.

A no win, no fee law firm undertakes the role of advancing a Superannuation TPD claim for a client and does not seek payment for its services until the conclusion of the matter once monies have been received.

The amount of professional fees each law firm charges varies and the costs are set out in its Costs Agreement with the client.