Legal Advice Queensland
Why Seek Legal Advice?
If you have experienced an injury you may be entitled to compensation. It is always a good idea to seek legal advice so you can find out all your rights and options which are specific to where you live as well as specific to the circumstances of your injury.
A personal injury lawyer can legally advise you of your options and entitlements after answering some basic questions about your injury, how, when and where it happened, you can then determine what legal position you are in now.
If you have suffered a workplace injury you may be entitled to Workers Compensation under Queensland’s Workers Compensation and rehabilitation Act 2003. Even if no one is to blame for your injury you may still be entitled to claim under Queensland law.
If you suffer an injury you must advise your employer and lodge your claim through your employer. You must then seek medical attention and get medical evidence to prove that your injury is related to work.
Accidents at work may be in the form of a slip or a fall, broken arms, legs or any other broken bones. You may have been exposed to asbestos or other dangerous chemicals that can cause serious health issues. You may have a repetitive strain injury or suffer from stress or anxiety as a result of the job that you do. Some workers are paralysed and some people die whilst they are at work. Compensation aims to compensate you for expenses, losses and for your pain and suffering.
Under Workers Compensation. The items you may be able to claim include;
• Reasonable medical expenses
• Loss of wages (or earnings)
• Medical expenses
• Travel expenses
• Rehabilitation expenses
• Lump sum payment a permanent injury
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However if someone else is to blame for your injury you may also be entitled to a negligence claim which is otherwise known as a common law claim. This type of claim is not available under Workers Compensation and a permanent aspect to the injury will need to be apparent.
A common law claim may compensate you much more significantly as it takes into account your future losses and any future expenses that relate to your injury. For example if you lose a hand and you are a manual worker, you may not be able to return to your job or any other manual job ever again.
Also your age will impact on the level of your payout. If you are 20 year old who loses a hand you may lose out on 45 years of income, or your options may mean you receive compensation that would help you to re-train for another occupation. Then there are expenses such as a prosthetic hand and so fourth.
If negligence can be proven then you may be able to pursue a common law claim. If negligence cannot be proven you may receive a lump sum payment but not be entitled to make a common law claim.
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This is just one example of how the circumstances of your injury may affect your rights to claim. There are a large number of different variables and as every case is 'fact based' it is important to speak with a lawyer who has the expertise in the type of injury within your State or Territory.
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