A statutory claim is a claim made through WorkCover Queensland arising from an injury that occurred at work or in the journey to or from work. Compensation is available for your injuries and to cover expenses that may be incurred as a result of your injuries.
Before you commence a Common Law claim you may need assistance with the statutory claims process.
When making a statutory claim through WorkCover Queensland you may be able to claim the following:
- Lost wages – any time you have had off work as a result of your accident;
- Medical and rehabilitation expenses – including imaging, consultations, physiotherapy and pharmaceutical expenses;
- Hospital expenses;
- Travelling expenses;
- Lump sum compensation (following assessment by WorkCover).
When you are making a claim through WorkCover Queensland, there are time limits that apply. You must make a claim within six months of your injury occurring or of you becoming aware of your injury. However, even if you don’t make a statutory claim within this time, you can still make a common law claim for which you have 3 years to commence a Common Law claim.
During your statutory claim WorkCover Queensland may fund any treatment that you require along with your income while you are absent from work.
Once your treatment has ceased WorkCover Queensland may have you examined by a single Doctor of their choice to assess your injuries and determine whether you have suffered any permanent impairment. If you have suffered a permanent impairment WorkCover Queensland will make an offer to you for a lump sum amount based on your whole person impairment and the severity of your injuries. If you are not satisfied you have the option to reject this offer and have your matter reviewed by the Medical Assessment Tribunal.
The Medical Assessment Tribunal is a panel of Doctors selected by WorkCover Queensland who review the medical evidence obtained and make a further determination with respect to any permanent impairment you have suffered. The Medical Assessment Tribunal will then make a further offer to you for a lump sum amount based on their determination of your whole person impairment. The offer is typically a small sum that does not reflect your losses arising from the injury.
If your accident and resulting injury was a result of negligence on the part of your employer you are able to reject the decision of the Medical Assessment Tribunal and proceed with a common law claim against your employer. If you accept the offer subject to the following you will not be able to proceed with a Common Law claim.
Where your permanent impairment is assessed by the Medical Assessment Tribunal of being over 20%, you have the option to accept the lump sum offer and proceed with a common law claim as well.
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