Much like motor vehicle claims, Queensland has its own particular laws that govern your rights to compensation for an injury suffered at work and how a claim is to be made. Jones Leach can help you to navigate these.
Upon suffering an injury at work, you become entitled to “statutory benefits,” such as a portion of wages and approved medical expenses. In addition, you may become entitled to bring a “common law” claim for compensation, which can include a lump sum for the pain and suffering you experience and even amounts for anticipated loss of future earnings and future medical costs.
Determining whether you fit the criteria to make a common law claim and whether it is in your interests to bring such a claim requires careful consideration, which we have a wealth of experience in exercising.
How can we help?
It is possible to sign away your rights to a common law claim without realizing it. We recommend that you seek our advice before accepting any offer you receive from WorkCover.
There are several strict time limits and procedures that must be observed for any claim to be successful. Our experienced lawyers unfailingly do this – you can count on us. We will not encourage you to put time and effort into a claim we are not confident you will win. In working on a no-win-no-fee basis, we prioritise your interests.
Our fees are calculated according to a schedule derived from the Supreme Court scale and are disclosed to you in writing and discussed in as much detail as you require at the time you decide to engage us. There is also the less-known 50/50 rule that applies to all lawyers in such claims. Simply, our charges for professional fees will be less than you receive after deduction of Government refunds, costs and outlays. So if, for reasons beyond our control, the compensation recovered is less than expected, our fees must be moderated to comply with this rule. It is also important to know of our policy not to accept responsibility for a case until a Costs Agreement is signed and returned to us.
At the successful conclusion of a claim we arrange for the amount of our fees to be settled independently by a Court-approved Costs Assessor. The assessment must comply with the Costs Agreement and must be able to withstand the scrutiny of the Legal Services Commission.
These comments are made for information purposes and are not intended to be relied upon by any person who does not engage us. If you have any doubt about your legal rights, you should consult our law practice.
The team at Jones Leach will work tirelessly to fulfill your interests and reach justice. Call us today or book your consultation online.
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