If a worker suffers an injury in the course of their employment, they may be entitled to claim compensation over and above their statutory entitlements under the Workers’ Compensation and Rehabilitation Act 2003 (Qld).

An injured worker is able to access common law rights and has a right to seek monetary compensation (or damages) from their employer if their employer is at fault, or partly at fault, for their personal injury and associated losses. Access to common law damages against an employer requires proof of liability, meaning the worker must be able to establish negligence against their employer, by its servants or agents.

Restore Legal can advise an injured worker as to their prospects of proving negligence, so that they are in a position to make an informed decision about how to proceed with their claim.

The workers’ compensation scheme is complex and time limits apply. It is important that an injured worker obtains sound legal advice at an early stage to ensure that their rights are protected.

An injured worker may be entitled to be compensated for areas of loss including pain and suffering and loss of enjoyment of life, past and future loss of income and superannuation, past and future expenses associated with treatment of the injuries and past and future care and assistance.

Restore Legal can successfully guide an injured worker through the scheme and help maximise their entitlements and make the best decisions for their future.

If a person has lost a loved one as a result of a workplace accident, clearly no amount of compensation will ever be adequate. However, the scheme provides for various forms of compensation which may include:

• lump sum compensation or quarterly payments for dependents;
• reasonable expenses to cover funeral costs.

If a person suffers an injury in a public place, they may be entitled to claim compensation, which is paid by a public liability insurer or a government instrumentality/department, depending on the type of accident. Public liability claims cover a wide range of accident types including but not limited to the following:

• Occupiers’ liability claims. These claims commonly arise because of some hazard or defect in the premises and include:
  • Landlord/tenant claims;
  • Claims against local Councils – eg accidents in playgrounds, parks, on bike tracks;
  • Accidents occurring in commercial premises, including shopping centres and carparks;
  • Schoolyard accidents;
  • Accidents at theme parks/amusement venues;
  • Claims against road authorities – that is, where an alleged defect(s) on a road cause an accident;
• Other claims against schools. Examples are injuries resulting from inadequate supervision or defective instructions;
• Assault claims. These include assaults by security guards or by Police and sexual abuse;
• Claims against ‘host’ employers. These are claims for workers who are injured a premises which are not under the direct control of their employer. A common example is a labour hire worker injured at a host employer’s workplace;
• Claims arising from sporting and recreational activities. Examples include gym, boating, diving and jet-ski accidents;
• Injuries caused by animals. Most commonly, dog attacks and horse-riding accidents;
• Claims arising from food poisoning;
• Accidents occurring on planes;
• Product liability claims. That is, where a defective product causes an injury.

To be entitled to claim compensation, it will be necessary to identify a party or parties at fault (or partly at fault), for the accident and establish negligence against that party or parties.

An injured person may be entitled to be compensated for areas of loss including pain and suffering and loss of enjoyment of life, past and future loss of income and superannuation, past and future expenses associated with treatment of the injuries and past and future care and assistance.

If a person is killed in public liability accident in which they were not at fault, and it can be proven that another party (or parties) was at fault, then the surviving dependents of the deceased person (such as a spouse and/or children) may be entitled to claim compensation from the public liability insurer of the person at fault. These are referred to as ‘dependency claims’, and include losses relating to financial benefits and services that can no longer be provided to the dependents by the deceased. Contact Restore Legal for more information about these claims.

Survivors of sexual and/or physical abuse may be entitled to claim compensation. Restore Legal can provide legal advice and services to survivors of abuse in institutions, including government departments (eg abuse suffered as a ward of the state or in youth detention), religious bodies or educational institutions (schools or universities). In addition to any institution involved, a survivor may be entitled to claim compensation from the perpetrator of the abuse.

Areas of loss that a survivor may be entitled to be compensated for include pain and suffering and loss of enjoyment of life, past and future loss of income and superannuation, past and future expenses associated with treatment of the injuries and past and future care and assistance.

Restore Legal can provide legal advice about applications under the National Redress Scheme.

We are highly committed to helping survivors of abuse, who were often in positions of extreme vulnerability at the time of the abuse.

Serious injuries can be sustained in various circumstances including at work, in road accidents and as a result of accidents in public places, and are injuries that have a major negative impact on a person’s day to day functioning. Such injuries may require long-term or even life-long treatment and care. Examples of serious injuries include:

• Spinal injuries including paraplegia and quadriplegia;
• Brain injuries causing cognitive, physical and/or social impairments;
• Psychiatric injuries severely impacting on a person’s ability to function;
• Amputations;
• Injuries caused during birth that have a significant impact on a child’s life;
• Multiple serious injuries, eg fractured limbs, internal injuries;
• Severe burns.

The compensation that a person who has suffered a serious injury may be entitled to recover depends on the nature of the injury they have suffered and how it has impacted on their life. Restore Legal will carefully investigate and quantify every aspect of a serious injury claim to ensure that the injured person’s specific needs are met. Damages may include:

• pain and suffering and loss of enjoyment of life;
• past and future loss of income and superannuation;
• past and future expenses associated with treatment of the injuries, for example, treatment providers’ costs, pharmacy and travelling expenses;
• past and future care and assistance, including care provided by family members, friends, nurses, support workers and carers;
• rehabilitation costs;
• costs of home modifications, aids and equipment;
• vehicle modification costs;
• costs of managing compensation funds.

At Restore Legal, we have the attention to detail, legal skills and experience that it takes to conduct serious injury claims to achieve the best possible outcome and recover maximum compensation to provide for an injured person’s future care, rehabilitation and other needs.

If, through the negligence of another party, a person suffers the loss of a loved one who supported them financially and/or in other ways, they may be entitled to make a claim for the loss of that support or dependency. Dependency claims can arise as a result of various circumstances including road accidents and accidents in public places and can be made by any dependent of the deceased person, including their spouse, children, and any other dependents.

The types of losses that are recoverable in death dependency claims include:

• reasonable funeral expenses;
• financial losses if the deceased was providing financial support to dependents;
• loss of the deceased’s services that were being provided to dependents. This may include household services such as cleaning, maintenance and gardening, and care that the deceased was providing to dependents.

The loss of a loved one can cause enormous grief. However, if a person develops a psychiatric condition because of a loved one’s death, in addition to any dependency claim they may have, they may also be able to claim compensation for their own psychiatric injury arising from the death. These are referred to as ‘nervous shock’ claims. Restore Legal can provide advice regarding the right to bring a nervous shock claim.

A person who brings a nervous shock claim may be entitled to be compensated for areas of loss including pain and suffering and loss of enjoyment of life, past and future loss of income and superannuation, past and future expenses associated with treatment of the injuries and past and future care and assistance.

If a person is unable to work because of an illness or injury, they may be entitled to claim benefits under their superannuation policy and/or any disability insurance policy they have. Such benefits may include income protection payments, early release of part or all of their superannuation entitlements, lump sum trauma payments and/or lump sum total and permanent disablement payments.