After a serious workplace injury, people are often surprised to learn that more than one process can start at the same time. Alongside workers’ compensation and any potential common law claim, the workplace itself may come under investigation by the safety regulator. In Queensland, that regulator is Workplace Health and Safety Queensland, commonly referred to … Read more
At Roche Legal, we regularly speak with injured workers who are worried they have missed the 6-month deadline to lodge a WorkCover claim. Missing that deadline is serious, and it can cost you real money. But it does not automatically end your rights, and it does not necessarily shut down a common law damages claim … Read more
If you’ve received a Notice of Assessment from WorkCover Queensland with a degree of permanent impairment (DPI) score, you are likely entitled to a lump sum payment. This page explains how the amount is calculated and includes a calculator so you can check your exact entitlement instantly. Lump Sum Calculator Enter your injury year and … Read more
The Queensland Industrial Relations Commission (QIRC) is a specialist tribunal that deals with employment and workers’ compensation disputes. Unlike the Queensland Court of Appeal, which reviews trial court decisions, the QIRC handles appeals from decisions made by WorkCover Queensland or the Workers’ Compensation Regulator. It is not a court in the traditional sense but has … Read more
If you believe your employer or their insurer has given a false account of what happened to you, or has held back documents that would support your claim, you are not imagining the problem and you are not without options. It happens often enough that the Queensland courts have dealt with it directly. When they … Read more
It is extremely common for injured persons on WorkCover to complain about how the WorkCover claims manager treats them throughout their recovery. It’s also reasonably common for injured workers to feel that they have been treated so unfairly and prejudicially that it’s caused them emotional distress or a psychological injury. Whilst on WorkCover, an injured … Read more
WorkCover Queensland is the largest workers’ compensation insurer in Queensland, Australia. If you’ve been injured at work, WorkCover may provide you with financial and medical support during your recovery period. The length of time you can stay on WorkCover Queensland depends on several factors, such as the severity of your injury, your medical needs, and … Read more
These summaries are based on the judgments published on the Supreme Court Library Queensland (SCLQ) website in 2022 concerning personal injury trials in the Supreme and District Courts of Queensland. The judgments are mostly unreported, meaning they were not selected for inclusion in authorised law report series like the Queensland Reports. Nonetheless, these decisions are … Read more
We often dispel a common misconception that it is not possible to bring a common law claim for damages after the expiry of 3 years since the date of the event causing the injury, set out by s.11 of the Limitation of Actions Act 1974 (Qld) (‘LAA’). When an injured person makes a statutory workers’ compensation claim, s.302 of the Workers’ … Read more
These summaries are based on judgments published on the Supreme Court Library Queensland (SCLQ) website in 2021 for trials involving personal injury claims in the Supreme Court of Queensland. The judgments summarised are predominantly unreported, meaning they have not been selected for inclusion in an authorised law report series such as the Queensland Reports. However, … Read more