Compensation – McNamara Law

The legal team that's on your side.

We Are Compensation Experts!

If you have been injured at work, in a motor accident or a public place you may have a legal right to compensation. We are experts in injury compensation claims on a “NO WIN NO FEE” basis. Our team treat you like you’re a part of the family!

We understand that if something has happened to you that wasn’t your fault, your life can be thrown into disarray. We not only provide exceptional legal help but just as important, we walk with you and your loved ones along the way.

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How We Help

Who is entitled to worker’s compensation?

a person who sustains injury during the course of work
if the injury occurred in Queensland or if the location of employment is within Queensland
subcontractors who are owners of insurance policies
for non-workers, entitlement will be determined under public liability law

In the case where you have Received a letter from WorkCover Queensland, entitled to apply for workers’ compensation benefits or if work cover has cut you off, our compensation experts are here to answer your questions and assist you in obtaining a fair outcome.

Frequently Asked Questions

Q: Workers compensation coverage of injuries

A: accidents which happen while the worker travels to and from workplace, regardless of whose fault.

diseases, physical and psychological trauma, and aggravation of health status which are due to the accident.

Q: When to file for a claim?

A: It is necessary to report the incident to your employer immediately. If it’s not possible because of the injury you have sustained, ask a co-worker or someone else to do it for you. A weekly salary compensation plus medical expenses claim may be requested from an employer, if the claim was filed within six months of occurrence of the accident. However, in dealing with WorkCover ensure that 28 days do not lapse between the time of the occurrence of the injury and filing the claim. Otherwise, it may not be granted.

Upon examination of the injury, the physician’s findings will determine a worker’s entitlement for compensation. Finding a competent and qualified medical practitioner is very important.

With a “Common Law Damages” claim, legal action must be instigated within three years of the incident. There are instances where extensions are granted, however, in this case, you need to urgently contact McNamara Law.

Q: Filing a worker’s compensation claim

A: A Worker’s Compensation claim form is available for download here You may ask your General Practitioner to file a claim form for you or call WorkCover on 1300 362 128. A medical certificate must be attached to an application for WorkCover.

The employer must be informed of the course of action of the employee.

Copies of all documents submitted for filing must be kept by the worker. The date when the application is lodged with WorkCover must also be noted. McNamara Law can help you with this process and also ensure that you have all the necessary information and documents for filing a Worker’s Compensation claim.

Q: Duration of the process

A: WorkCover is expected to respond to your application within 20 business days to accept or reject your claim for any injuries. There are instances where you may be requested to set up an appointment with an accredited WorkCover physician for further medical investigation.

If your employer offers an amount of money so you won’t file a Worker’s Compensation claim.

Don’t accept this payment as it is illegal. In these circumstances, contact McNamara Law promptly.

Q: How much will you be paid if the claim is approved?

A: You are entitled to “Weekly Payments”. An initial payment of $500 for lost wages will be paid by your employer.

The list below will give you an indication of what WorkCover may pay you following the initial payment:

‘Industrial Instrument”
0 – 26 weeks
26 weeks – 5 years
Total incapacity
Usually 85% of the worker’s normal earnings
Usually 75% of the worker’s normal earnings

For those who have sustained partial incapacity from the incident, a more complex formula is applied. McNamara Law can help you understand this.

Q: Covered medical expenses

A: Only the expenses relevant to medical treatment that addresses the injury sustained will be covered by WorkCover. For other treatment such as surgery, physiotherapy, psychological counselling or chiropractic treatments, further approval must be sought. McNamara Law will be able to work with you regarding the treatment which may or may not be covered by WorkCover.

Q: Rejected claims and discontinuance of payments

A: A government body known as Q-Comp is in charge of these matters. A request for review of the decision may be submitted to them, which must be done within three months following the notification of the decision being received.

A dispute may be filed for other decisions made by WorkCover. For these issues, consult McNamara Law.

Q: Returning to work after receipt of a compensation claim

A: It is a legal obligation of workers to let their employer and WorkCover know of their return to work within 10 business days.

Q: Lump sum claims

A: An assessment for permanent impairment must be conducted by an accredited WorkCover physician before a claim for lump sum compensation can be filed. This will only be determined after the worker’s health status is deemed as stable is highly unlikely to improve despite further treatment.

For work-related impairments (WRI), an offer for lump sum compensation may be made by WorkCover. You may receive a document which is called a “Notice of Assessment”, which the worker must respond to within 28 days, otherwise, it will be deferred.

With a WRI of less than 20%, the worker will have to choose between the lump sum or common law damages because you cannot have both. It is imperative that you seek advice from McNamara Law to ensure that you make the best decision.

Q: Common law damages

A: A claim for common law damages may be filed if the accident was due to someone else’s fault. However, you may also file a claim even if you are “partly” to blame for the injury.

Compensation may include:

past and future medical expenses which includes rehabilitation, travelling for medical treatment
degradation of quality of life which lead to inability to do recreational and leisurely activities
psychological trauma
wages lost (past and future)

Even at 0% impairment, a claim for common law damages may still be filed. This must be done as soon as possible since the claim for damages must not lapse three years from the date of awareness of the injury.

Dealing with injuries sustained from a motor vehicle accident can be difficult enough, let alone dealing with insurance companies. Depending upon the circumstances of your accident, you may be entitled to compensation.

We specialise in injury compensation claims on a “NO WIN NO FEE” basis

Frequently Asked Questions

Q: Are you qualified to pursue a CTP claim?

A: A Compulsory Third Party Insurance (CTP) is a mandatory regulation that requires all cars be insured upon registration, otherwise, the vehicle is deemed illegal. In situations where the driver of the vehicle who caused the accident injures or kills another person, CTP insurance is applicable

Q: So, what are the things that make you eligible to file for a CTP claim?

A: You need to consider the following things. First, did you sustain an injury that resulted from the accident? Secondly, are you the driver of the vehicle who is not at fault? Answering “yes” to both these questions means you may pursue a CTP insurance claim.

Q: Filing for a CTP claim

A: document as much information about the accident that happened such as vehicle plate numbers, location of the accident, any witnesses, and other details.

immediately go to the nearest police station and report the accident and provide all the relevant information.

alongside your claim, attach a copy of a medical certificate stating the details of the injuries you have sustained from the accident.

Q: Duration of the process

A: Once the CTP insurance claim is lodged, a decision must be made by the insurer within 14 days or alternatively, a request for further information. Within that period, the CTP insurer is required to either accept or reject the claim.

Do I need to go to court? A majority of the cases settle without requiring you to go to court.

Q: A claim for damage includes the following

A: medical, rehabilitation, consultation, and medication costs- pain and suffering from the decrease of health status and quality of life, which affects your leisure activities.

lost wages or earnings that a person was and is entitled to receive as a wage-earner- home care services.

Q: If anyone dies in the event of an accident, is anyone eligible to make a claim on behalf

A: Yes. In such cases, the dependants of the deceased person may pursue a claim for the loss of the deceased’s source of income. The deceased person’s estate can claim for funeral expenses if there are no dependents.

Q: Of the deceased person?

A: Once a CTP claim is filed, it is not the driver of the motor vehicle being sued but rather, the insurer. All expenses brought about by the damages related to the accident are covered by the insurer under the outlined CTP, which includes the expenses for defending the case and the settlement amount which would eventually be agreed upon.

Q: Who is obligated to pay for the claim?

Q: How about WorkCover?

A: For claims which may be linked with your work, a CTP and WorkCover claim can be pursued. WorkCover claims must also be filed immediately, like CTP claims. Timing is of the essence in both cases.

Q: Not sure who is at fault?

A: Investigations can be conducted by McNamara Law

Q: What if the insurer rejects the CTP claim?

A: In the event that the insurer is unwilling to pay for the damages, an appeal can be filed.

If you have sustained an injury not in the workplace or in a motor vehicle, you may be entitled to a Public Liability claim.

We can help.

There is a wide variety of accidents that occupiers and public liability law covers and they include the following:

injuries sustained during participation in a sport at a venue which is of poor maintenance
slips, trips, and falls which may be caused by fluid substance, for example, occurring at a public place such as supermarkets, department stores, or malls
labour-hire trauma occurring within the host employer’s private property
trauma sustained from dog bites and attacks
injuries cause by defective products such as hazardous toys for children, faulty electrical items, and other equipments with manufacturing and design defects
accidents from recreational areas such as parks, community playgrounds, school play areas

Frequently Asked Questions

Q: Your injury compensation claims may include

A: hospitalisation and medical expenses

lost compensation or earnings that a person was entitled to receive as a wage-earner

compensation for pain, suffering, and decrease in health status and quality of life

home care services

Q: Who can you file a claim against?

A: A person deemed responsible for the occurrence of an injury may be obliged to pay a compensation for the resulting damages. There are instances where a person may be held responsible even if he/she is not directly the cause of an injury. Such cases may be when an accident happens on the premises or under the management of the occupier.

A property owner or the occupier of such property is under a duty of care to ensure that the premises are hazard free and in circumstances where a hazard is evident, adequate safety precautions are applied.

Examples may be sporting fields or facilities, recreational areas, patios, pergolas, etc.

Q: Filing for a CTP claim

A: document as much information about the accident that happened such as vehicle plate numbers, location of the accident, any witnesses, and other details.

immediately go to the nearest police station and report the accident and provide all the relevant information.

alongside your claim, attach a copy of a medical certificate stating the details of the injuries you have sustained from the accident.

Q: What you need to do if you want to pursue a public liability claim

A: Preserve evidences by photographing any injured part, the cause of the injury, or the place where it occurred.

immediately have yourself checked by your General Practitioner and inform him or her of the cause of your injury.
ensure that everything is well-documented and accounted for by holding on to all medical records and bills for all consultations.
in circumstances where you have received an injury from an object, the object itself if you still have in your possession may serve as a strong evidence.

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CLIENT TESTIMONIALS

“Since 1923 McNamara Law have been looking after all the legal needs of the people and businesses in the Ipswich and the Lockyer Valley. The success of our ﬁrm has been built on providing comprehensive and eﬀective legal advice to individuals and businesses in the respective”

From the moment we contacted McNamara Law through Aleisha Smith she was extremely helpful as the property settlement and transfer involved a few parts. Not only was Aleisha helpful, she was very knowledgeable, and after our initial discussions she was able to understand what was required and execute all of the components of the conveyancing through to final settlement. Finally the face to face interaction we had with Aleisha and the team at McNamara Law Springfield was professional and personal with all of the documentation executed as required without rework or issue.

Dear Aleisha, My wife and I just want to thank you so much for your awesome service in handling all the details and the settlement of the sale of our property. You made everything so easy and your enthusiasm, professionalism, attention to details and reassurance made our experience as stress free as possible. We are for ever grateful and we will definitely be using your services again in the near future and highly recommending you to everyone we know in Qld and Victoria. Thanks again!!" Warm regards Ross and Valentina

Please pass on my gratitude to Joshua for his honesty and spending time to look at my matter. What he has done may not have been much to him but carries a lot of weight with folk like myself who were brought up in 'Old School' values! I won't hesitate to recommend Joshua to represent any of my neighbours or friends. Thanks again and Kindest Regards!

I must say Michele it is refreshing to come across someone on the other side who is so helpful. McNamara Law certainly have an excellent ambassador in you.

I would like to take this opportunity in thanking each and every one of you for the professional manner in which my father's estate was managed. It certainly was greatly appreciated.

Dear Ruth, On behalf of myself, Shane and Kym I would like to thank you for all you have done for us. Even now I don't think we quite believe it was sorted out. Thank You again to yourself and Karen.

Thank you for representing me through the last couple of months in this fight with work cover. I appreciate your professionalism and personal touch. I think that you are an asset to McNamara Law. I will be recommending McNamara Law to anyone I meet seeking legal help. Thank you again for your hard work and without hyperbole your actions have literally been life-changing for myself.

I have now had the pleasure of having Janelle May attending to conveyancing with the assistance of Aleisha Smith on three occasions. The first experience was shown to be very professional and efficient which confirmed my decision that I would in the future only request Janelle May and Aleisha Smith to attend any conveyancing matters I have. I have conveyancing experience myself so I am well aware of the pressure involved to ensure a smooth settlement. Both Janelle May and Aleisha Smith have on all three occasion’s provided settlement to be effective stress-free. I am very impressed with the responses on any queries I have had during the process. Both Janelle May and Aleisha Smith should be commended for the high level of service they provide. I now reside in Wynnum, however would only request the services of Janelle May and Aleisha Smith regardless of their office location being in the Ipswich office.

Dear Rebekah, as you are aware, since dad’s demise it has been a very frustrating and heart breaking four years filled with disappointments, but thanks to your efforts this has finally come to an end. We truly respect your experience and efforts in this matter. Thank you Rebekah.

Thank you Charmagne sincerely for the way in which you prepared for Stuart’s time in court yesterday. Your preparation and thoroughness was the key positive factor in the way the day unfolded.

Hello Michele, Thank you for facilitating the property settlement. Stuart and I wish to thank you and Renae for all of your assistance in the matter. You both have been very professional throughout the entire process and are a good reflection for McNamara’s.

Josh has been kind and caring and gone beyond expectations and I would recommend him to anyone.

I would just like to say thank-you to David and Joshua. Both of you showed compassion and sympathy while still being very professional, which is something a lot of people can’t combine. Your dedication towards getting the best outcome for me throughout the lawsuit is commendable. I will have no hesitation in recommending McNamara Law to anyone in need of legal advice.

On behalf of Sue, me and the kids, thanks Jeremy for getting us through a very difficult time in our lives. The crew there were always helpful and made us all feel like we were a part of the “Macca” family.

Rebekah, I can’t thank you enough for how much you’ve helped. I know it’s what you do every day but how much It impacts grieving people is incredible. You are so good at your job. Amazing actually!!! You are helping us deal with grieving more than you know. You are a true champion. Mum said Thanks so much xx she kept crying at the relief it has given her. Thanks again xx

Excellent service and communication through the entire process. Very friendly helpful staff who gave us very good legal advice and guidance. Highly recommend to anyone.

Approachable, marvellous attention to detail, prompt response to requests and above all, a simple approach to all aspects of the matters in hand.

Fantastic service and attitude from all members of the team!

Dear Joshua and staff, I would like to thank you for all your hard work involved with helping me with my work related issue. I could not fault you or your staff in any way. It was very good to deal with people who are courteous and pleasant in their work environment. Once again, many thanks.

Dear Josh, just wanting to thank you again for your hard work to get this positive result today. I thought our luck had nearly run out, but your hard work has given us hope again to keeping Jessie’s dream alive. So once again I thank you

McNamara Law provided superb yet sensitive service on the finalisation of my father’s estate. A somewhat difficult time was made much easier by the prompt, informative and helpful assistance from all those that we came in contact with the firm. Thanks to McNamara Law and especially Bekky for her assistance!

Get In Touch

Contact us to discuss your situation and best course of action. We understand your time is valuable and oﬀer consultations via Zoom, Skype, Microsoft Teams or phone call. Let McNamara Law help you ﬁnd your legal solution today!

Ipswich (07) 3816 9555

Springﬁeld (07) 3470 3600

Gatton (07) 5462 1566

We work with our clients to seek both justice and restore their lives to what they once were.

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1300 285 888

The legal team that's on your side.

We Are Compensation Experts!

Ready to make
a start?

DOWNLOAD OUR COMPENSATION LAW GUIDES
FOR MORE INFORMATION

How We Help

Who is entitled to worker’s compensation?

Frequently Asked Questions

Frequently Asked Questions

Frequently Asked Questions

I Want To

Make a will

Manage my superannuation

Obtain compensation

CLIENT TESTIMONIALS

Get In Touch

We work with our clients to seek both justice and restore their lives to what they once were.

Links

Practic Areas

Latest News

Car Accident – Electronic Notice of Accident Claim forms

1300 285 888

The legal team that's on your side.

We Are Compensation Experts!

Ready to makea start?

DOWNLOAD OUR COMPENSATION LAW GUIDESFOR MORE INFORMATION

How We Help

Who is entitled to worker’s compensation?

Frequently Asked Questions

I Want To

Make a will

Manage my superannuation

Obtain compensation

CLIENT TESTIMONIALS

Get In Touch

We work with our clients to seek both justice and restore their lives to what they once were.

Links

Practic Areas

Latest News

Car Accident – Electronic Notice of Accident Claim forms

Ready to make
a start?

DOWNLOAD OUR COMPENSATION LAW GUIDES
FOR MORE INFORMATION