GC Law

Queensland

We are excited to announce that our highly regarded Gold Coast personal injury compensation law firm is expanding its services into new regional areas, including Logan, Toowoomba, Beenleigh, Ipswich, North Lakes, and Caboolture. This expansion is a direct result of the high demand for our services and the consistently excellent results we have achieved for our clients. With a reputation built on client satisfaction and legal expertise, we are committed to making our services even more accessible to individuals seeking justice and fair compensation across Queensland.

Why We’re Expanding

The decision to expand comes after seeing the growing need for experienced and compassionate legal representation in regional areas. Many clients from outside the Gold Coast have reached out to us, seeking the same high level of service that our firm is known for. Our success in helping clients navigate the complexities of personal injury law has encouraged us to bring our knowledge and expertise to these new locations. By extending our reach, we aim to ensure that individuals in Logan, Toowoomba, Beenleigh, Ipswich, North Lakes, and Caboolture have access to the same quality legal representation without needing to travel far.

What Sets Us Apart

Our firm has a longstanding reputation for delivering outstanding results. We specialize in all areas of personal injury compensation, including workplace injuries, motor vehicle accidents and public liability claims. We understand that suffering a personal injury can be overwhelming and life-changing, which is why we work tirelessly to ensure that our clients receive the compensation they deserve.

What truly sets us apart is our client-first approach. We pride ourselves on offering personalised service, clear communication, and full transparency throughout the legal process. Every case is unique, and we make sure that every client feels heard and supported from the moment they reach out to us.

Bringing Our Services Closer to You

With new offices in Logan, Toowoomba, Beenleigh, Ipswich, North Lakes, and Caboolture, we are excited to bring our expertise closer to you. Our team of experienced personal injury lawyers will be available locally to assist with your compensation claims, providing the same high level of service that has earned us a trusted reputation on the Gold Coast.

Whether you are dealing with an injury from a car accident, a workplace incident or Workcover Queensland we are here to help. Reach out today and let us fight for the compensation you deserve.

If you’re working in Queensland on a visa and you’re injured at work, you may wonder whether you’re entitled to workers’ compensation benefits. Australia has a robust system to protect workers, and that includes those on work visas. Here’s a quick guide to help you understand your rights and what steps to take if you experience a workplace injury while on a visa.

Who Is Covered Under Workers’ Compensation?

In Queensland, workers’ compensation is overseen by WorkCover Queensland, and it provides support for workers injured while carrying out their duties. Importantly, workers’ compensation extends to visa holders. Whether you’re on a temporary, skilled, or other work visa, you’re generally entitled to the same protections as Australian citizens or permanent residents when it comes to workplace injuries. This means that if your injury occurred in the course of your job, you are eligible to file a workers’ compensation claim.

What Benefits Can You Expect when Injured at Work?

If your claim is approved, you may be entitled to several types of benefits, including:

• Medical and hospital expenses: Workers’ compensation can cover necessary medical treatments, rehabilitation, and hospital stays.
• Weekly compensation payments: If you’re unable to work due to your injury, you may be eligible for income replacement payments to help with living expenses during recovery.
• Lump sum compensation: In cases of permanent impairment, you might qualify for a lump-sum payment depending on the severity of your injury.

Steps to Take if Injured at Work

1. Report the Injury: Notify your employer as soon as possible. Timely reporting helps ensure your claim is processed smoothly.
2. Seek Medical Attention: A doctor will need to assess and document your injury for your claim. Be sure to inform the medical staff that the injury is work-related.
3. File a Claim: You can submit your claim through WorkCover Queensland. If you need assistance, your employer or a legal advisor can guide you through the process.

Additional Considerations for Visa Holders Injured at Work

While the system generally covers all workers, visa holders may have some restrictions based on their visa conditions. For instance, certain work visas may have clauses about capacity for work that can impact how long you can stay in Australia if you’re unable to fulfill your job role. Consulting with a legal professional specializing in work injury claims for visa holders can help you navigate these potential complexities.

Final Thoughts

Being on a visa doesn’t mean you’re excluded from Queensland’s workers’ compensation protections. If you’re injured at work, don’t hesitate to seek support—workers’ compensation exists to help you recover and get back to work safely, regardless of your residency status.

If you’re a visa holder injured at work in Queensland, you deserve to know your rights and entitlements. Don’t navigate the workers’ compensation process alone—our experienced team is here to help. Get a free claim review or make the call today: 1300 302 318

Once your injuries are considered “stable and stationary,” WorkCover (or a self-insurer) will arrange an Independent Medical Examination (IME).  After the IME you will receive a Notice of Assessment (NOA).

Your Options

You should always seek legal advice from a personal injury lawyer before making an election in relation to the NOA and the offer of lump sum compensation.

After receiving a NOA from WorkCover Queensland, you have several options depending on your situation:

1. Accept the Assessment: If you agree with the assessment, you can accept it. This will finalise your claim and determine your entitlements. Accepting the assessment will almost always preclude you from making any further claim in relation to your injuries.
2. Request a Review: If you disagree with the assessment, you can request a review. This involves providing additional information or evidence to support your case.
3. Appeal the Decision: If you are not satisfied with the review outcome, you can appeal to the Queensland Industrial Relations Commission (QIRC) within a specific timeframe.
4. Seek Legal Advice: Consulting with a lawyer or a legal advisor experienced in workers’ compensation can help you understand your options and the implications of the assessment.

You must make the election within 20 business days of receiving the NOA.  If the 20-day time limit lapses, you may still have options including acceptance of the offer or pursuing a common law claim.

What is a Common Law Claim

In Queensland, a common law claim in workers’ compensation allows an injured worker to seek compensation for damages that exceed the benefits provided under the statutory workers’ compensation scheme. This type of claim typically applies when the injury was caused by the negligence of the employer or another party.

Key points about common law claims in Queensland include:

1. Eligibility: To be eligible, you usually need to have sustained a serious injury that meets specific thresholds.
2. Time Limits: There are strict time limits for filing a common law claim, typically three years from the date of the injury or from when you became aware of the injury.
3. Types of Compensation: Common law claims can cover a range of damages, including loss of income, future medical expenses, pain and suffering, and other related costs.
4. Legal Representation: It is strongly advised that you seek legal representation to navigate the complexities of common law claims, as they can be more complicated than standard workers’ compensation claims.

If you’re considering pursuing a common law claim, it may be beneficial to consult with a legal professional who specialises in workers’ compensation.

0% Impairment Rating?

If your independent medical examination and subsequent NOA indicate that your injury has a 0% impairment rating, you won’t qualify for a lump sum compensation from WorkCover. However, you may still have the option to file a common law claim for damages against your employer.

It’s important to note that a 0% assessment from WorkCover doesn’t negate the possibility of having a significant or serious injury that could entitle you to substantial damages. It’s entirely feasible to successfully pursue a claim, even with a permanent impairment score of 0%.

If you decide to go forward with a common law claim, you have the right to be re-assessed by a medical expert of your choice. A skilled personal injury lawyer can recommend a suitable doctor who can provide a more favourable evaluation. We often arrange these reassessments, which may lead to an increase in your impairment rating.

Make the call today and secure the compensation you deserve: 1300 302 318

 

In Queensland, countless motorists undertake daily commutes, yet these routine journeys can occasionally result in unforeseen accidents. When such incidents occur during work-related travel, questions often arise regarding eligibility for Compulsory Third Party (CTP) insurance claims.

Fortunately, individuals injured due to another driver’s negligence may indeed be entitled to lodge a CTP claim, regardless of whether the accident transpires during a commute or at any other time on the road. CTP insurance is specifically designed to address injuries caused by negligent drivers, offering compensation for medical expenses, income loss, and rehabilitation costs.

It’s crucial to understand, however, that CTP claims operate on a fault-based system. To succeed, claimants must demonstrate that another party bears responsibility for the accident. In cases where the claimant is solely at fault, CTP insurance may not provide coverage, although alternative insurance options such as workers’ compensation or income protection might still offer support.

Interestingly, accidents occurring during work-related travel, that is, travel to or from work, may also qualify for workers’ compensation claims. This coverage can extend to commutes that are considered part of one’s employment duties, providing an additional avenue for potential compensation.

Lastly, it’s important to be aware of the time constraints associated with CTP claims. Generally, a Notice of Accident Claim Form must be lodged within nine months of the accident or one month of consulting a lawyer, whichever comes first. Prompt action is therefore essential to preserve one’s rights to compensation.

Given the intricate nature of CTP and workers’ compensation claims, seeking guidance from a GC LAW specialist personal injury lawyer is highly recommended. We can assess your situation, determine your eligibility, and guide you through the claims process, ensuring you receive the compensation you’re entitled to for your injuries and losses. But don’t delay! Make the call today for a free initial consultation.

In Queensland, individuals who have been injured in car accidents are increasingly becoming targets of scammers. These unscrupulous operators pressure vulnerable people into making injury claims, often with the intent of selling their personal details. This guide will help you understand these scams, known as ‘claim farming’, and show you how to protect yourself while making a legitimate claim.

What is Claim Farming?

Despite being outlawed in Queensland since 2019, claim farming continues to be a problem. This practice typically involves:

• Scammers approaching individuals injured in car accidents
• Pressuring or harassing these people into making compensation claims
• Potentially selling the personal information of claimants to solicitors or claims management services for substantial fees

Claim farmers often disguise themselves as insurers or government organisations to gain the trust of accident victims. However, it’s important to remember that legitimate organisations won’t make unsolicited contact about your accident.

How to Protect Yourself from Claim Farming

To avoid falling victim to these scams, follow these tips:

1. Be wary of cold calls – always ask where the person is calling from and why.
2. Hang up if you receive an unsolicited offer to help with lodging an injury claim.
3. Verify the caller’s identity by independently looking up the phone number of the organisation they claim to represent.
4. Be cautious of unsolicited messages on social media.
5. Remember, if an offer sounds too good to be true, it probably is.
6. Don’t be pressured into providing personal details over the phone.
7. Report any suspected scam callers to the Motor Accident Insurance Commission (MAIC).

The Negative Impact of Claim Farming

Engaging with claim farmers can lead to several adverse outcomes:

• Higher legal costs, including hidden fees for the claim farmer’s services
• Potential involvement in inappropriate debt arrangements to cover legal fees
• Sharing of personal information without knowledge or consent
• Increased average costs of injury claims, putting pressure on the CTP Insurance scheme and potentially restricting choice and competition in Queensland

Conclusion

While claim farming remains a concern in Queensland, being informed and vigilant can help you avoid these scams. 

At GC Law, we do not have any association with claim-farming organisations. 

If you have suffered an injury in a road accident, get the best advice by calling us. We offer a free, initial, no-obligation consultation in all compensation matters. 

Yes, receiving a personal injury compensation claim can affect your Centrelink entitlements. Centrelink has rules in place to assess compensation payments and their impact on benefits. How it affects you depends on the type and amount of compensation you receive.

Here are some key points to consider:

1. Compensation Payments

• Lump Sum Payments: If you receive a lump sum compensation payment for personal injury, it may reduce or suspend your Centrelink benefits. This is because Centrelink may apply a “compensation preclusion period,” during which you’re not eligible for payments. The length of this period depends on the amount of compensation you receive.
• Periodic Payments: If you receive ongoing payments (e.g., weekly workers compensation or income protection payments), Centrelink will generally reduce your benefit amount and offset the amount of the other payment against the amount Centrelink is paying. These periodic payments are considered income, and Centrelink will adjust your benefits accordingly.

2. Compensation Preclusion Period

• Centrelink may apply a period during which you are not entitled to payments, based on the compensation you receive. The preclusion period depends on factors like the size of your settlement and the period during which you received payments from Centrelink after the accident.

3. Compensation Recovery

• Centrelink may recover some or all payments made to you in the past if they overlap with the period covered by your compensation. This is called the “compensation recovery” process.

It is always a good idea to seek legal advice to understand how your specific claim might affect your benefits before a settlement of your personal injury claim.

If you’ve been involved in a car accident in Queensland, one of the most critical steps you must take is lodging a Compulsory Third Party (CTP) claim as soon as possible. This process not only ensures that your rights are protected but also triggers important provisions under Queensland law that can help you recover physically and financially.

When you lodge a CTP claim, you’re essentially notifying the relevant insurer of your injury and the accident. Doing so promptly is crucial because it activates the rehabilitation provisions under the Motor Accident Insurance Act 1994. These provisions compel the insurer to start paying for necessary medical treatment and rehabilitation. This can include covering costs for physiotherapy, hospital stays, surgeries, or other specialist treatments that are needed for your recovery.

The importance of early lodgement cannot be overstated. If you delay lodging your claim, you risk delaying or even forfeiting access to this rehabilitation support. Rehabilitation is often time-sensitive, with early intervention being key to a quicker and more complete recovery. By lodging your CTP claim early, you allow the insurer to begin funding treatment right away, ensuring you receive the care you need to heal properly.

Additionally, timely lodgement of your claim ensures compliance with legal time limits. If you miss these deadlines, it could jeopardize your ability to recover compensation for your injuries, including lost income, pain, and suffering.

In summary, lodging your CTP claim form immediately after a car accident in Queensland is essential to activate the rehabilitation provisions and safeguard your recovery and legal rights.

When you’ve been injured in an accident, whether at work, in a car, or in a public place, navigating the legal process to seek compensation can be overwhelming. In Queensland, it’s crucial to engage a specialist personal injury lawyer to ensure that your claim is handled effectively and that you receive the compensation you deserve.

A specialist personal injury lawyer understands the complexities of Queensland’s legal system and the specific laws that apply to your case. This includes knowledge of the statutory time limits for lodging claims, the processes for gathering evidence, and the intricacies of negotiating with insurance companies. Without expert legal guidance, you might miss key deadlines, undervalue your claim, or settle for less than you’re entitled to.

One of the biggest advantages of hiring a specialist lawyer is their experience in similar cases. They can accurately assess the value of your claim based on past cases, taking into account factors like medical expenses, lost income, and pain and suffering. This means you’re more likely to get fair compensation that covers all your current and future needs.

Moreover, personal injury lawyers often work on a “no win, no fee” basis, which means you don’t pay legal fees unless your case is successful. This can provide peace of mind, allowing you to focus on your recovery without worrying about upfront costs.

In summary, engaging a specialist lawyer ensures that your personal injury compensation claim in Queensland is handled professionally, giving you the best chance of securing a positive outcome. Their expertise will guide you through the legal maze, helping you achieve the financial compensation needed to move forward with your life. If this article is relevant to your current circumstances, then call a compensation lawyer at GC Law for specialist advice now.

In today’s digital age, social media has become a significant part of our daily lives, allowing us to share personal experiences, thoughts, and photos. However, when you’re involved in a personal injury claim, the content on your social media accounts can potentially impact your case. A common concern many clients face is whether insurance companies can access their social media accounts, even if those accounts are set to private.

The Legal Landscape in Queensland

Under Queensland law, like in other jurisdictions, the rules governing the disclosure of evidence in personal injury cases are broad. This means that if information on your social media is deemed relevant to the claim, it may be requested as evidence. The courts have recognised that social media content can provide insights into a claimant’s physical and emotional state, which can directly influence the outcome of a case.

Although setting your social media accounts to private may offer a layer of protection, it does not render your content immune from scrutiny. Insurance companies, through their legal teams, may seek to access this information via court orders if they believe the content could contradict your injury claims. For example, if you claim a severe injury that limits your mobility, but your social media shows you engaging in physically strenuous activities, this could undermine your case.

The Role of Discovery in Civil Proceedings

In personal injury cases, the process of discovery allows both parties to request the disclosure of documents and information relevant to the case. This can include social media posts, private messages, and even deleted content if it can be retrieved. If an insurance company can demonstrate that your social media activity is pertinent to the injury claim, they may be granted access to this information through legal means, such as a subpoena.

It’s important to note that insurance companies are unlikely to gain access to your accounts without court approval. They cannot simply bypass privacy settings. However, anything you post online may be subject to scrutiny, and it’s advisable to be cautious about what you share, even in private settings.

Best Practices for Social Media Use During a Claim

If you’re pursuing a personal injury claim, it’s crucial to be mindful of your online presence. Avoid posting content that could be misconstrued or used against you. It’s also wise to adjust your privacy settings to limit who can view your posts, although this is not a foolproof solution. Consult with your lawyer about your social media activity; they can provide guidance tailored to your specific circumstances.

In summary, while privacy settings offer some protection, they do not entirely shield your social media content from being accessed during a personal injury case. Always assume that anything you post could potentially be used as evidence, and exercise caution when sharing personal details online during an ongoing claim.

R U OK? Day is an annual event in Australia focused on promoting mental health and encouraging people to check in on each other. Held on the second Thursday of September, it aims to raise awareness about mental health issues and encourage open conversations about emotional well-being. The day emphasizes the importance of asking loved ones if they’re okay and offering support to those who might be struggling.

We hope you’re ok.

We’d like to take a moment to remind you of an important aspect of your personal injury claim: social media.

In Queensland, as in many places, insurance companies and opposing parties may review your social media profiles to gather information about your daily activities, which could potentially be used against you in your claim.

You can read more about social media and your personal injury claim here.

To avoid any negative impact on your case, we recommend being cautious about what you share online. Avoid posting about your injury, your claim, or any physical activities that could be misrepresented. It’s always best to err on the side of caution.

If you have any questions about how to navigate social media during this time or need further guidance, please don’t hesitate to contact us. We’re here to support you every step of the way.

When you receive a personal injury settlement in Queensland, it’s important to understand how outstanding child support debts could affect your payout. For many, this may be an unexpected consideration, but it’s crucial to be aware of the potential impact.

In Queensland, if you owe child support, the government has the authority to intercept certain payments to ensure that these obligations are met. This can include a portion of your personal injury settlement. The Child Support Agency (CSA) has a legal right to collect overdue child support payments from various sources, including settlements from personal injury claims.

How Does It Work?

When your personal injury settlement is finalized, the insurer is required by law to notify the CSA before making any payments to you. This notification allows the CSA to assess whether you have any outstanding child support debts. If you do, the CSA can then place a claim on a portion of your settlement.

The exact amount that can be intercepted will depend on several factors, including the amount of your debt and the size of the settlement. However, it’s important to note that not all of your settlement may be subject to this interception. Generally, compensation awarded for pain and suffering, future loss of earnings, or medical expenses is not included in the calculation for child support purposes. But if your settlement includes components for lost wages or income, these may be considered.

What Should You Do?

If you have outstanding child support payments and are expecting a personal injury settlement, it’s wise to seek legal advice as early as possible. A lawyer can help you understand how much of your settlement might be at risk and assist in negotiating the terms of the payment, ensuring that your financial interests are protected while fulfilling your child support obligations.

In conclusion, while a personal injury settlement can provide much-needed financial relief, it’s important to be aware of how existing child support debts may affect the final amount you receive. By understanding these implications and seeking appropriate legal guidance, you can better manage your financial future.

If you’ve been injured at work in Queensland, you might be offered compensation to help cover your losses. However, understanding the differences between a statutory lump sum offer and a common law lump sum settlement is crucial in deciding which path to take. Both types of compensation aim to assist you financially, but they operate differently.

Statutory Lump Sum Offer

A statutory lump sum offer is made under the Queensland workers’ compensation scheme. After you’ve reached maximum medical improvement (MMI)—meaning your condition is stable and not expected to improve further — WorkCover Queensland or your employer’s insurer will assess your level of permanent impairment (PI). Based on this assessment, you may be offered a lump sum payment.

This type of offer is based on a set formula and is designed to provide compensation for the permanent injury you’ve sustained. It’s a straightforward process, and accepting this payment is often quicker. However, it’s important to note that once you accept a statutory lump sum offer, you generally forfeit your right to pursue further compensation through a common law claim, even if your injury worsens over time.

Common Law Lump Sum Settlement

A common law lump sum settlement, on the other hand, allows you to seek compensation by filing a negligence claim against your employer. This type of claim considers the broader impact of your injury, including pain and suffering, loss of earnings, future earning capacity, and medical expenses. Unlike the statutory offer, a common law settlement is not capped by a formula, which can lead to a potentially larger payout, especially if your injury has significantly affected your life and ability to work.

Pursuing a common law claim is a more complex and time-consuming process, often requiring legal representation and medical evidence. However, it provides an opportunity to receive compensation that more accurately reflects the full extent of your losses.

Making the Right Choice

Choosing between a statutory lump sum offer and pursuing a common law lump sum settlement is a significant decision that can impact your financial future. Before making a choice, it’s advisable to seek legal advice to understand the potential benefits and drawbacks of each option. A lawyer can help you navigate the process and ensure you make an informed decision that best suits your circumstances.

In summary, while a statutory lump sum offer provides a quicker resolution, a common law settlement offers the potential for a more substantial compensation amount. Understanding the differences between the two can help you make the best decision for your recovery and financial well-being.

Back injuries are one of the most common workplace injuries, often resulting in significant pain and time away from work. If you’ve sustained a back injury at work in Queensland, you may be wondering whether you can make a claim, especially if you’ve had a previous back injury. Understanding your rights in this situation is crucial, as your ability to claim compensation may impact your financial stability and recovery process.

Understanding Workers’ Compensation in Queensland

In Queensland, workers’ compensation is designed to cover workers who suffer an injury or illness due to their employment. The scheme is managed by WorkCover Queensland, and it provides benefits such as medical expenses, rehabilitation costs, and income support to help injured workers recover and return to work.

What If You Have a Pre-existing Back Injury?

Having a pre-existing back injury does not automatically disqualify you from making a workers’ compensation claim. However, the situation can become more complex. The key factor in determining whether you can make a successful claim is whether your work-related injury has aggravated, exacerbated, or worsened your pre-existing condition.

For example, if you had a back injury several years ago and have since recovered, but then suffer a new back injury at work, you may be entitled to make a claim. Even if your current injury is related to your previous condition, as long as your employment contributed to the worsening of your injury, you are likely eligible for compensation.

How WorkCover Assesses Claims Involving Pre-existing Conditions

When you lodge a workers’ compensation claim, WorkCover will assess whether your injury is work-related and the extent to which your employment contributed to your condition. This assessment may involve reviewing your medical history, obtaining reports from your doctors, and considering the circumstances of your work environment and tasks.

In cases involving pre-existing conditions, WorkCover may request additional medical evidence to determine the degree to which your current injury is connected to your work duties. If your work has significantly contributed to your condition’s deterioration, your claim is more likely to be accepted.

The Importance of Full Disclosure

It’s essential to be upfront and honest about any pre-existing conditions when making a claim. Failing to disclose previous injuries or medical issues could jeopardize your claim. WorkCover and your employer’s insurer will conduct thorough investigations, and any discrepancies in your medical history could lead to a denial of benefits.

Seeking Legal Advice

Navigating the workers’ compensation process can be challenging, especially if you have a pre-existing condition. Consulting with a personal injury lawyer can provide you with the guidance you need to ensure your rights are protected. A lawyer can help you gather the necessary evidence, communicate with WorkCover on your behalf, and advocate for your entitlement to compensation.

Conclusion

In summary, having a pre-existing back injury does not necessarily prevent you from making a workers’ compensation claim in Queensland. If your work has contributed to worsening your condition, you may still be eligible for benefits. To strengthen your claim, it’s crucial to provide full disclosure of your medical history and seek professional legal advice to navigate the complexities of the process. Your health and recovery are paramount, and securing the compensation you deserve can make a significant difference in your ability to heal and return to work.

When enjoying recreational activities in Queensland, it’s important to understand how the law views certain risky activities and your rights if you’re injured. The Personal Injuries Proceedings Act 2002 (PIPA) plays a key role in determining what happens if someone gets hurt while engaging in these activities.

What Are Dangerous Recreational Activities?

Dangerous recreational activities are those that carry a significant risk of injury. These can include extreme sports like rock climbing, skydiving, or even some forms of motor racing. The risk of getting hurt is higher in these activities compared to more everyday activities like walking or swimming.

How Does the Law View These Activities?

The law in Queensland acknowledges that people often choose to engage in risky activities for fun or thrill. Under PIPA, if you voluntarily take part in a dangerous recreational activity, it can be harder to claim compensation if you get injured. This is because the law assumes that you knew the risks involved and chose to accept them.

Can You Still Make a Claim?

Yes, it’s possible to make a claim, but it can be challenging. The success of a claim depends on several factors, including:

• Was there negligence involved? For example, if the activity provider failed to maintain equipment or didn’t properly warn you of risks, they might still be liable.
• Was the risk obvious? If the risk was obvious and part of the activity, your chances of a successful claim might be lower.

Why is This Important?

Understanding your rights and responsibilities is crucial, especially if you’re considering participating in a dangerous recreational activity. Knowing the potential legal implications can help you make informed decisions and take necessary precautions.

What Should You Do if You’re Injured?

If you’re injured during a dangerous recreational activity, it’s important to seek legal advice as soon as possible. A personal injury lawyer can help you understand your options under PIPA and guide you through the claims process if you decide to pursue compensation.

Conclusion

While dangerous recreational activities can be thrilling, they come with risks. The Personal Injuries Proceedings Act 2002 recognizes these risks and can limit your ability to claim compensation if you’re injured

Yes, casual employees in Queensland are entitled to workers’ compensation if they are injured at work. Regardless of their employment status, all workers have the right to claim compensation for work-related injuries or illnesses under Queensland’s mandatory WorkCover scheme.

Statutory Compensation Benefits for Casual Workers

Casual workers in Queensland have the same workers’ compensation entitlements as full-time or part-time employees as protected by the Workers’ Compensation and Rehabilitation Act of 2003. This includes the ability to claim for:

• Lost wages through weekly payments
• Medical expenses, such as doctor visits, hospital stays, and rehabilitation costs
• Lump sum payments for permanent impairment

The amount of compensation a casual worker receives is typically calculated based on their average weekly earnings prior to the injury. While casual workers may not have set hours, their entitlements are still assessed and paid out accordingly.

What to Do if You are Injured at Work as a Casual Employee

If you are a casual worker who has sustained an injury at work, take note that you must follow the proper procedures to lodge a successful workers’ compensation claim. This includes:

1. Seeking prompt medical attention for the work-related injury or illness

This ensures a clear medical record supports the compensation claim and prevents the condition from worsening.

2. Reporting the incident to their employer as soon as possible

This step is crucial for several reasons: it fulfils legal obligations stipulated by Queensland’s workers’ compensation laws, ensuring compliance and safeguarding the claim from potential jeopardy. Early reporting also preserves crucial evidence, such as witness statements and incident reports, enhancing the claim’s strength.

3. Submitting the required claim forms and medical certificates

The primary document is the Workers’ Compensation Claim Form, which details the injury or illness, incident specifics, and employment details. A crucial supporting document is the Work Capacity Certificate, issued by the treating medical professional, outlining the injury’s nature, work capacity, and recommended treatments.

4. Providing comprehensive documentation to support the claim

This documentation includes comprehensive medical records such as doctor’s notes, test results, and treatment plans, crucial for establishing the injury’s nature and its relation to work. Incident reports from the employer’s internal system detail the circumstances of the incident, while witness statements provide additional verification. Wage records like pay slips or timesheets help calculate compensation accurately, and photographic evidence of injuries or the incident scene adds visual support.

Common Law Damages Claims

In addition to the statutory benefits, casual workers may also be eligible to pursue a common law damages claim if they can prove their employer’s negligence contributed to their injury.

This second stage of the claims process is more complex, as the worker must demonstrate their employer failed to provide a safe work environment. Seeking legal advice from our expert compensation lawyers at GC Law is crucial.

Job Security Concerns for Casual Workers

One of the key concerns for casual workers when making a workers’ compensation claim is the potential impact on their job security. Casual employees generally have less job stability compared to permanent staff, and there is a perception that filing a claim could jeopardize future work opportunities.

However, it is important to note that employers are legally prohibited from dismissing a worker or discriminating against them for making a legitimate workers’ compensation claim. The Fair Work Act 2009 provides safeguards against unfair dismissal in these situations.

That said, the reality is that some employers may still be reluctant to offer further work to casual employees who have made a claim. This highlights the importance for casual workers to seek legal advice to ensure their rights are protected and to navigate the claims process effectively.

The Role of Legal Advice

Given the complexities involved in workers’ compensation claims, particularly for casual employees, seeking legal advice from experienced compensation lawyers is highly advised.

Our experts in compensation law can assist casual workers in:

• Understanding their full entitlements and rights
• Properly documenting and submitting the claim
• Navigating the statutory benefits and common law damages stages
• Protecting their job security and addressing any unfair treatment by the employer

We can provide valuable guidance and support to ensure casual workers receive the full compensation they are entitled to.

Conclusion

In summary, casual employees in Queensland have the same rights and entitlements as other workers when it comes to workers’ compensation. They can claim for lost wages, medical expenses, and lump sum payments for permanent impairment, following the proper procedures.

While casual workers may face additional challenges, such as job security concerns, they are legally protected against unfair dismissal or discrimination for making a legitimate claim.

If you have been injured at work as a casual employee, seek legal advice from our team of experienced compensation lawyers to ensure you understand your rights and receive the full compensation you are entitled to. Connect with us and we will review your concern for free.

A common question asked by those who suffer an injury at work and make a workers’ compensation claim under Queensland’s scheme is how much they are entitled to in weekly benefits under the Workers Compensation & Rehabilitation Act 2003 (‘the Act’).

A number of factors are considered in working out weekly benefits as part of a WorkCover claim, including:

• the length of time a worker is expected to be off work after receiving a work capacity certificate or other medical assessment of the injury;
• the date the worker was injured;
• the date the injury was assessed;
• the length of time you’ve been receiving compensation;
• whether an award or workplace agreement covers the worker;
• what the worker’s wage payments are each week (Normal Weekly Earnings or NWE);
• the current Queensland full-time adult ordinary time earnings (QOTE).

What information does WorkCover use to calculate weekly compensation?

WorkCover uses information from your employer or from the injured worker to calculate what they normally earn. This is known as Normal Weekly Earnings (NWE). To do this WorkCover will generally ask for:

• an itemised payroll report from the claimant’s employer covering the 12 months before the date of injury. The report must show each payment including wages, penalties and allowances; or
• payslips from your employer, or from the claimant, for 12 months before the date of injury (or from the date started, if less than 12 months).

If neither of these records can be provided, WorkCover will also accept tax invoices or bank statements as evidence of earnings for the relevant period. NWE, it should be noted, accounts for penalty rates paid, allowances (other than some excluded allowances), and overtime, but does not include superannuation.

The QOTE is also taken into account in determining weekly benefits. This is a full-time adult’s ordinary time earnings as declared by the Australian Statistician. Each time QOTE changes, the compensation amounts payable to injured workers need to be adjusted, including for weekly payments of compensation, a process that occurs on 1 July each year.

How is weekly compensation worked out?

For claims up to 26 weeks, the weekly benefit payable is the greater of 85 percent of NWE or 80 per cent of QOTE, for those workers not covered by an award or a workplace agreement (also known as the ‘industrial instrument’) – but not more than a person’s normal weekly earnings.

For claims between 26 weeks to 104 weeks, the weekly amount payable is worked out as the greater of 75 per cent of NWE or 70 per cent of QOTE.

For those workers who remain unfit for work after two years, compensation will depend on the degree of impairment. A worker in this situation should seek expert legal advice from an experienced compensation lawyer.

If an injured worker returns to work part-time or on restricted duties, weekly compensation payments may be reduced. WorkCover should be kept apprised of any changes to the claimant’s work status.

Tax will be deducted from the weekly payments, just as when the worker is being paid at work, but deductions are not made for superannuation. The employer may still be required to pay the worker’s superannuation while they are injured, depending on the award or workplace agreement.

Weekly compensation payments will stop when the worker recovers from the injury and returns to work; receives a lump-sum offer to settle the claim; has been receiving weekly payments for five years, or; total weekly compensation received reaches the maximum amount payable.

Uncertain? Contact our workers’ compensation experts

At GC Law, we’re experts in workers’ compensation claims. Bring the details of your claim to us and we can help you find out what you can expect to be paid on a weekly basis while you’re injured, as well as discuss the broader aspects of your claim. Our professionals will provide the right guidance to ensure you’re looked after while you recover.

A brief walk around any city or town will quickly make it clear how popular e-scooters, e-skateboards, e-bikes and other personal mobility devices have become on our streets.

As a pedestrian, you may also have had a near miss with someone riding one of these devices travelling on paths or close to the edge of the road at high velocity. In fact, there have been 10 fatalities since 2018 and almost 1,000 presentations to emergency departments in central Brisbane between November 2018 and May 2021 as a result of accidents and collisions with personal mobility devices.

These tragedies saw road and pedestrian safety campaigners ramp up efforts to force the law to catch up with the rapid spread of the devices. New laws governing the use of e-scooters were introduced in November 2022 to bring riders into line with the rules applying to cyclists. These rules restricted riders to travelling at 12 km/h on footpaths and shared paths (unless signed otherwise) and 25 km/h for all other bike paths and roads. Riders were also required to follow general road rules, such as stopping at red lights. Increased fines were also introduced.

Since then more changes have occurred governing personal mobility devices, which we’ll detail in this article.

More detail on personal mobility device laws

Late in 2023, updated legislation was introduced in the Queensland parliament making it an offence for the rider of a personal mobility device such as an e-scooter to ride without due care and attention on a road-related area, such as a footpath, bike path or shared path. New fines up to $1,161 were also introduced for dangerous offences involving speed, illegal road use and holding a mobile phone while riding.

Age restrictions apply to riding an e-scooter in Queensland. Riders must be at least 16 years old or at least 12 years and supervised by an adult while riding the device. Children under 12 are not permitted to ride an e-scooter.

E-scooters must also:

• be designed for use by one person only;
• meet certain length and height dimensions;
• have a maximum weight of 60kg (when not carrying a person or load);
• be powered by an electric motor, and;
• have one or more wheels.

Speed limits: Personal mobility devices such as e-scooters and e-skateboards are subject to new speed limits for the safety of riders and pedestrians. On footpaths and shared paths (unless signed otherwise) the limit is now 12km/h, and on separated footpaths and bicycle paths (unless signed otherwise), not more than 25km/h. Certain areas – high-pedestrian traffic zones or specific locations where the use of personal mobility devices poses safety risks – may be designated as no-go zones for personal mobility devices.

Personal mobility devices may also be ridden on some bike lanes on roads and local streets at 25km/h where there is a speed limit of 50km/h or less.

Queensland law also makes it mandatory for riders to wear an Australian Standard (AS) approved bicycle helmet or an approved motorbike helmet when aboard a personal mobility device in public spaces, unless you have a medical certificate authorising you not to wear a helmet for medical reasons or because of a physical characteristic that makes it unreasonable for you to wear one.

It’s illegal to ride one of these devices while holding a mobile phone in your hand or resting it on any part of your body, and the phone does not need to be turned on for this act to be an offence.

All personal mobility devices must be equipped with an effective stopping system controlled by using brakes, gears or motor control. They must also have a working bell, horn or a similar warning device, and devices must not be operated with any sharp protrusions. Riding at night requires a white light (flashing or steady) at the front and a red light (flashing or steady) at the back, both of which must be capable of being clearly seen at least 200m away.

It’s illegal to carry another person while riding a personal mobility device, including a child. As part of ensuring riders follow general road rules observed by motorists and cyclists, operating a device under the influence of alcohol or drugs is strictly prohibited.

Penalties for breaching the new rules

Fines have increased for offences against the current suite of rules around use of personal mobility devices in a clear move to deter risky and reckless behaviour that has previously caused deaths as a result of collisions.

The most common offences and the relevant fines are:

• Speeding – up to $619;
• Not wearing a helmet – up to $154;
• Riding with another person on board – up to $154;
• Riding on a prohibited road – up to $185;
• Using a mobile phone while riding – up to $1,161.

Check with our professional team for more details

The rules have changed and the fines have increased for the use and misuse of personal mobility devices in Queensland, reflecting increasing concern about dangerous and reckless acts which have sadly caused death and injury.
The changes are unlikely to deter the continued growth of personal mobility devices, however, given the convenience and affordability they offer. If any of the detail raised in this article is unclear or you need more information, or have been involved in an incident involving a personal mobility device, contact our experienced team at GC Law today to discuss your issue.

Pre-existing injuries can significantly impact workers’ compensation claims in Queensland, adding complexity to an already challenging process. When an employee sustains an injury at work, the presence of a pre-existing condition can raise questions about the extent of the employer’s liability and the worker’s entitlement to compensation. In this article, we’ll explore how pre-existing injuries are addressed in Queensland’s workers’ compensation system and the key considerations for injured employees.

Understanding Pre-Existing Injuries

A pre-existing injury is any medical condition or physical impairment that an employee had prior to sustaining a work-related injury. These conditions can range from chronic illnesses like diabetes or arthritis to previous injuries, such as back or knee problems. Pre-existing injuries may be known to the employee and employer at the time of hiring, or they may be undiagnosed or undisclosed.

In the context of workers’ compensation, a pre-existing injury becomes relevant when it is aggravated, accelerated, or exacerbated by a work-related incident or the nature of the employee’s job duties. For example, if an employee with a history of back problems lifts a heavy object at work and experiences a severe back spasm, the pre-existing condition has been aggravated by the work-related activity.

Disclosure of Pre-Existing Injuries

Employees have a legal obligation to disclose any known pre-existing injuries or medical conditions to their employer, particularly if they are relevant to the job duties they will be performing. Failure to disclose a pre-existing condition can have serious consequences for an employee’s workers’ compensation claim.

If an employee knowingly withholds information about a pre-existing injury and later aggravates that condition at work, the employer and insurer may argue that the employee’s entitlement to compensation is limited or void.

Aggravation vs. New Injuries

When an employee with a pre-existing injury sustains a work-related injury, the first step is to determine whether the incident has aggravated the pre-existing condition or caused a new, separate injury. This distinction is critical because it impacts the employee’s entitlement to compensation and the employer’s liability.

If the work-related incident has aggravated a pre-existing injury, the employee may be entitled to compensation for the extent to which the aggravation has increased their symptoms or impairment. The employer’s liability may be limited to the aggravation itself, rather than the entire pre-existing condition.

For example, if an employee with a pre-existing knee condition suffers a torn meniscus at work, the employer may be liable for the treatment and compensation related to the torn meniscus, but not for the pre-existing arthritis in the knee.

On the other hand, if the work-related incident causes a new injury that is separate from the pre-existing condition, the employee may be entitled to full compensation for the new injury, regardless of the pre-existing condition.

Medical Evidence and Causation

Determining the relationship between a work-related incident and a pre-existing injury requires a thorough evaluation of the employee’s medical history and the circumstances of the incident. Medical evidence is crucial in establishing causation and the extent of the employer’s liability.

Employees should seek medical attention promptly after a work-related injury and inform their doctor of any pre-existing conditions that may be relevant. The medical practitioner will assess the employee’s condition and provide an opinion on whether the work-related incident has aggravated the pre-existing injury or caused a new, separate injury.

Employers and insurers will typically require the employee to undergo an independent medical examination (IME) to assess the nature and extent of the injury and its relationship to any pre-existing conditions. The IME report will be a key piece of evidence in determining the employee’s entitlement to compensation and the employer’s liability.

Apportionment of Liability

In cases where a work-related incident has aggravated a pre-existing injury, the employer’s liability may be apportioned based on the extent to which the aggravation has contributed to the employee’s overall impairment or incapacity. This process, known as apportionment, aims to ensure that the employer is only responsible for the portion of the injury that is directly related to the work incident.

Apportionment can be a complex and contentious issue, particularly when there are multiple contributing factors to an employee’s condition. In some cases, the employer may argue that the pre-existing condition was the primary cause of the employee’s incapacity, while the employee may assert that the work-related aggravation was the main contributor.

Navigating the apportionment process requires the expertise of experienced legal and medical professionals who can evaluate the evidence and present a strong case for the appropriate allocation of liability.

Rehabilitation and Return to Work
When an employee with a pre-existing injury sustains a work-related aggravation, the goal of the workers’ compensation system is to support their recovery and return to work as quickly and safely as possible. Rehabilitation and return-to-work planning should take into account both the work-related injury and the pre-existing condition.

Employers have a legal obligation to provide suitable duties and accommodations to support an injured worker’s return to work, regardless of whether the injury is related to a pre-existing condition. This may involve modifying job duties, providing ergonomic equipment, or allowing for a gradual return to full duties.

Employees should actively participate in their rehabilitation and return-to-work planning, communicating openly with their employer, medical practitioner, and rehabilitation provider about their capabilities and any concerns they may have.

Seeking Legal Advice

Navigating a workers’ compensation claim involving a pre-existing injury can be a complex and stressful process. Employees who find themselves in this situation should consider seeking the advice of an experienced workers’ compensation lawyer who can help them understand their rights and entitlements. At GC Law, we’re very experienced in the complexities involved in workers’ compensation claims where there may be a pre-existing injury. Importantly, very strict time limits apply in these matters and seeking legal advice promptly is crucial.

When you’ve suffered a personal injury, navigating the legal process can be overwhelming and stressful. You put your trust in a lawyer to guide you through this challenging time and fight for the compensation you deserve. But what happens if you’re unhappy with your current lawyer? Can you change lawyers in the middle of your personal injury claim in Queensland?

The short answer is yes, you have the right to change lawyers at any stage of your personal injury claim if you are dissatisfied with their services. However, there are several important factors to consider before making this decision, as it can impact the progress and outcome of your case. In this article, we’ll explore the reasons why you might want to change lawyers, the steps involved in the process, and the potential consequences of making a switch.

Reasons for Changing Lawyers

There are various reasons why you might be considering changing lawyers during your personal injury claim. Some common concerns include:

1. Lack of Communication: If your lawyer fails to keep you informed about the progress of your case, doesn’t return your calls or emails promptly, or doesn’t provide clear explanations of the legal process, you may feel frustrated and disconnected from your claim.
2. Lack of Experience or Expertise: Personal injury law can be complex, and you want a lawyer who has the knowledge and experience to handle your specific type of case effectively. If you feel that your current lawyer lacks the necessary skills or expertise, you may want to seek out a more qualified professional.
3. Personality Conflicts: Your relationship with your lawyer is important, as you’ll be working closely together throughout your claim. If you find that you’re constantly clashing with your lawyer or feel that they’re not responsive to your needs and concerns, it may be time to consider a change.
4. Lack of Progress: If your case seems to be stagnating or your lawyer is not taking proactive steps to move your claim forward, you may worry that your interests are not being adequately represented.
5. Loss of Trust: If you’ve lost faith in your lawyer’s ability to handle your case effectively, whether due to missed deadlines, errors in paperwork, or other issues, it may be difficult to continue working with them.

Steps to Change Lawyers

If you’ve decided that changing lawyers is the right move for your personal injury claim, there are several steps you’ll need to take:

1. Notify Your Current Lawyer: Once you’ve decided to make a change, notify your current lawyer in writing of your decision to terminate their services. Be professional and courteous in your communication, but also be clear about your reasons for making the change.
2. Choose a New Lawyer: Research and interview potential new lawyers who have experience handling personal injury claims similar to yours. Look for a lawyer who communicates clearly, has a track record of success, and makes you feel comfortable and confident in their abilities.
3. Transfer Your File: Once you’ve selected a new lawyer, you’ll need to authorise the transfer of your case file from your previous lawyer to your new one. Your new lawyer will typically handle this process, sending a written request to your former lawyer to release your file.
4. Notify Relevant Parties: Inform any relevant parties, such as the insurance company or the defendant’s lawyers, of your change in representation. Your new lawyer will typically handle this communication on your behalf.

Minimising the Impact of Changing Lawyers

If you do decide to change lawyers, there are steps you can take to minimise the potential negative consequences:

1. Timing: If possible, try to make the change early in your case, before significant progress has been made or critical deadlines are approaching. This can help reduce delays and disruptions.
2. Communication: Be open and honest with your new lawyer about your reasons for making the change and any concerns you have about your case. Provide them with a complete copy of your case file and any relevant documents or information.
3. Cooperation: Work collaboratively with your new lawyer to ensure a smooth transition and minimise any delays or disruptions to your case. Be responsive to their requests for information and follow their advice and guidance.

Alternatives to Changing Lawyers

Before making the decision to change lawyers, it’s worth considering whether there are alternative solutions to address your concerns:

1. Communication: If your primary issue is a lack of communication, schedule a meeting with your current lawyer to discuss your concerns and see if you can improve the situation.
2. Second Opinion: If you’re unsure about the direction of your case or your lawyer’s strategy, consider seeking a second opinion from another personal injury lawyer. This can provide valuable perspective and help you make an informed decision about whether to make a change.

Conclusion

Changing lawyers during a personal injury claim in Queensland is your right if you are unhappy with your current representation. However, it’s a decision that should be made carefully, considering the potential consequences and alternatives.

If you do decide to make a change, be proactive in your research and selection of a new lawyer, and work collaboratively to ensure a smooth transition. With the right legal representation in your corner, you can continue to pursue the compensation you deserve for your personal injury.

Remember, the most important thing is to feel confident and comfortable with your legal representation. If you have concerns or doubts about your current lawyer, don’t hesitate to explore your options and make a change if necessary. Your well-being and the success of your claim should be the top priorities throughout the claim process.

If you are considering changing lawyers, why not consider seeking a second opinion? At GC Law, we offer, a free, no-obligation consultation, during which we can offer you some advice and guidance.

You do not lose rights to workers’ compensation simply because you are working under a visa.

All workers, whether living in Queensland permanently or working here on a visa, are entitled to a safe working environment.  All workers are entitled to proper training, supervision and equipment to ensure their safety at work.

If you are a worker who is working on a work visa is injured at work in Queensland, you are entitled workers’ compensation benefits to cover costs such as medical expenses, rehabilitation expenses and lost wages.

It is important that you are aware of the conditions of your visa.  For example, if you are a student, you are required to attend classes and pass your courses.  If you are working outside of your visa conditions, you may be penalised for the breach.

Even if you have breached the conditions of your visa, you may still entitled to claim workers’ compensation if you are injured at work.  It is important that you seek legal advice from personal injury lawyers in relation to your entitlement to compensation in Queensland.

If you are a sponsored worker and you are unable to return to work due to injury, you may be in breach of your visa conditions and your visa may be cancelled.  You should contact Department of Home Affairs to let them know if you are temporarily unable to comply with your visa conditions due to injury.

Your employer cannot cancel your visa, even if you have breached your visa conditions.  The only organisation that can make decisions in relation to cancellation of visas is the Department of Home Affairs.

If you are injured while employed under a visa, you should:-

• Report the injury to your employer as soon as possible.
• See medical attention for your injury.
• Be aware of your visa conditions and report to the appropriate authorities if you are unable to comply with the conditions due to a work injury.
• Contact GC Law as soon as possible for advice in relation to time limits and entitlements to medical expenses, lost wages and compensation.