Workers who are injured at work, or because of their work, can seek to claim workers’ compensation from WorkCover Queensland. The types of injuries that can be claimed for include:
- Physical injuries;
- Psychiatric or psychological disorders;
- Aggravation of a pre-existing condition; and
- Death from an injury or disease.
Workers Compensation Insurance for Employers
If you are running a business with employees it is compulsory for you to have workers compensation insurance to cover yourself. This insurance covers the wages, medical expenses and related costs should one of your employees become injured at work and is for employees who are full-time, part-time, casual basis or under contract of service or apprenticeship. It does not generally cover sole traders or partners in a business.
The WorkCover Claims Process
Employers should ensure that they are fully appraised of the claims raised to assess whether there is a need to object to the claim. Generally, when a WorkCover claim is raised, an employer will be provided with a copy of the employee’s Application for Compensation. This would also include any supporting information from the employee. These documents effectively set out the basis for the claim brought by the employee against the employer.
It is imperative that employers carefully consider, and where appropriate, seek legal advice regarding claims raised by their workers. It is important to note that Employers can submit a response to WorkCover addressing the basis of any objection to the claim. Usually including all relevant documentation or evidence in support of the objection. Incorrect handling of these issues may have adverse consequences for your business.
Workcover Claims and Court Proceedings
Once an employer has submitted an objection to a claim, Workcover will defend it on behalf of the employer as part of an informal pre-court process. If a resolution cannot be found during this time, it will proceed to litigation and potentially to a trial. The average claim takes around 1 year to resolve. If it goes to court, then it will take longer.
Help for Work Cover Claims
Each state in Australia has different regulatory bodies and specifications that cover the legalities of work-place injuries. We at Forge Legal have decades of experience serving the local community and business’ navigate a plethora of various claims. This experience means we are best placed to assist employers responding to WorkCover Claims brought by injured workers. Contact our Employment team immediately in the event of a Work Cover claim being raised. With our expert advice, a corrective and strategic action is required to avoid unnecessary heartache for your business.