We’ll fight to get the outcome you deserve

Work Related Injuries

If you’re out of work for any reason, we’ll stand by you to make sure your rights are protected.


We’ll help to get the outcome you deserve so you can get back on track as soon as possible.

Workplace Injury: If you’ve been injured or suffered an illness at work or in relation to your work, you could be eligible to claim for worker’s compensation.

Generally, WorkCover Queensland is the insurer for workplace injuries. The WorkCover process can seem daunting. At Baker O’Brien Toll Lawyers we have an expert injury law team with particular expertise in handling workplace injury claims who can guide you through this complicated process. We offer a free initial consultation where David O’Brien will assess your claim; explain your rights and what you can expect throughout the legal process.


We keep the process simple and stress free:

Step 1: Get In Touch:
Call us on 07 4152 4555 to get expert advice from our legal team.

Step 2: Case Review:
We’ll organise a meeting, review your case and establish the best course of action.

Step 3: Case Negotiation:
We’ll negotiate your case to maximise your outcome.

Time Limits on Work Injury Claims

You have only 6 months to lodge an application for compensation with WorkCover. However, lodging a statutory claim outside 6 months from the date of injury can also jeopardise any future common law claim. If your workplace accident occurred more than 6 months ago and you have not lodged a statutory claim with WorkCover contact us immediately to receive free legal advice.

Statutory and Common Law Claims

In Queensland, if you are a worker that sustains a workplace injury you are entitled to ‘statutory’ benefits for the time you have off work and any initial medical treatment or other rehabilitation resulting from the injury. However, you may also be eligible for a common law claim, in which case you may be entitled to more substantial compensation including future economic loss and future medical treatment.

What Should I Do If I Have Been Injured At Work?

If you have been injured at work, Baker O’Brien Toll Lawyers has Bundaberg’s most experienced workplace injury lawyer who can guide you through the complicated claims process.  You should take the following steps to apply for compensation:

  1. Report the injury to your employer immediately.
  2. If you require medical attention or are unable to continue working, visit a doctor for treatment.
  3. If the doctor agrees your injury is work-related, they should give you a Workers’ Compensation Medical Certificate.
  4. Get expert advice from David O’Brien in workplace injury law.

Assessment of Injuries by WorkCover

The WorkCover statutory claim will only continue until your injuries are medically ‘stable and stationary’ (meaning your symptoms are not likely to get any better or worse). Whether your injuries are stabilised is determined by a WorkCover doctor. If the doctor confirms the injuries have stabilised he will use medical guides to assess permanent impairment and issue a report to WorkCover. Once WorkCover have received the doctor’s report they will issue a “Notice of Assessment” and offer lump-sum compensation based purely on the degree of permanent impairment.

It is important to understand that any offer on a Notice of Assessment has no correlation to damages you may receive in a common law claim. Generally damages in a common law claim are usually far in excess of any lump-sum offer in the Notice of Assessment.

Contact Baker O’Brien Toll Lawyers to receive free legal advice on how to respond to the Notice of Assessment.

Contact Us

Contact us on 07 4152 4555 or contact us online to arrange a consultation.

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