Injury Law

Yes. Even if your injury feels small at the time, failing to report it could ruin your entire WorkCover claim later.

Here’s why: many workers stay quiet after getting hurt - no blood, nothing broken, so they think, “It’ll be fine.” They don’t file a report, see a doctor, or even mention it at work. But when the pain gets worse months later and they try to claim, WorkCover asks for records. Without documentation, the employer may deny knowing anything - and the claim is rejected.

To protect yourself:

• Report your injury immediately - on the day it happens.

• Record it in writing (form, email, or even a text message).

• Seek medical advice early, even for small issues.

👉 Staying silent might feel polite, but legally it can cost you everything. Always report, even if it seems minor.

🎥 For more tips, watch our short video.

Most superannuation accounts include more than just retirement savings - they often come with insurance cover built in, even if you don’t realise it. One common type is Total and Permanent Disability (TPD) insurance.

If you become seriously sick or injured and can’t return to your usual job, you may be eligible for a lump sum paymentunder your TPD cover, provided you meet the policy’s definition.

The problem is, most people never check their cover. They keep paying small amounts every week, without knowing whether their policy could pay out $50,000 or $500,000.

That’s why it’s important to:

• Review your superannuation account and see what cover you actually have.

• Consider adjusting your cover if needed - sometimes it only costs a few extra dollars a week.

• Understand the difference your cover could make if the unexpected happens.

👉 Take the time to check your super - it could make a massive difference for your future security.

🎥 For more tips, watch our short video.

Not every schoolyard bump or bruise means someone is legally at fault. But schools do have a duty of care, just like any workplace or public space. If an injury happens because of:

• Poor supervision

• Unsafe equipment

• Ignored risks

Then the school may have failed that duty.

The key questions are: Was it preventable? Was it foreseeable? It’s about whether the school took reasonable steps to keep children safe.

Tip for parents:

• Ask for an incident report.

• Take photos if there are visible injuries.

• Write down what your child says while it’s still fresh.

👉 Your child’s safety should never be left to chance - and the earlier you document what happened, the more protected you are.

🎥 For more insights, watch our short video.

Wearing no seatbelt doesn’t automatically cancel your right to make a claim.

Not wearing a seatbelt is against the law - and it can complicate things. But in personal injury law, the key question is: Who caused the crash? If another driver was at fault and you were injured, you may still be entitled to compensation.

That said, failing to buckle up can affect how much you receive. If it’s proven your injuries would have been less serious with a seatbelt, your compensation may be reduced.

Key points to remember:

• Fault is the main factor - who caused the crash.

• Seatbelt use can impact the size of your payout.

• Every situation is different, so proper legal advice is vital.

👉 Don’t assume you have no rights. Even without a seatbelt, you may still have a claim.

🎥 For more insights, watch our short video.

Accidents on the way to or from work can sometimes fall under both CTP and workers compensation.

• CTP insurance covers injuries that arise from motor vehicle accidents.

• Workers compensation (WorkCover) can also apply if you are an employee travelling your usual route to or from work. This is known as a journey claim.

In some cases, both systems may apply. But it’s not about getting paid twice - the key is understanding how the two systems interact and which benefits apply to your situation.

👉 If you’re injured while travelling to or from work, seek advice early. Knowing which system applies can make a big difference to your rights and entitlements.

🎥 For more insights, watch our short video.

It’s natural to worry about your job when you’re hurt - especially if the injury isn’t major but still affects your work. Many people stay silent because they don’t want to:

• Let the team down

• Cause trouble

• Or risk being replaced

But here’s what most workers don’t realise: you have legal protections in Queensland.

• Under the Workers Compensation and Rehabilitation Act, employees cannot be dismissed solely or mainly because they are unfit for work due to their injury within 12 months.

• Under the Fair Work Act, it’s unlawful to sack someone simply because they made a WorkCover claim or exercised their legal rights.

👉 So if you’re injured, don’t stay quiet out of fear. The law protects you - and your job.

🎥 For more insights, watch our short video.

Two people with the same injury. One qualifies for TPD. The other doesn’t. How’s that possible?

It comes down to the test used in their policy:

• Own occupation test - if you can’t return to your specific job, you may qualify.

• Any occupation test - you must be unable to return to any job that fits your skills, training, or experience.

That small difference in wording can completely change the outcome.

👉 If you’ve got TPD insurance inside your super, don’t just check the dollar value. Check the definition. When life takes a turn, those few words can make all the difference.

🎥 For more insights, watch our short video.

Many people think that if you’re called a contractor, you’re not covered if you get hurt. But that’s not always true. The law doesn’t just look at the label - it looks at how you really work.

You may actually be considered a worker if:

• You mainly work for one business

• You’re using their tools and following their rules

• You can’t send someone else to do the job for you

If you’re a worker, you’re covered - even if your paperwork says “contractor.”

👉 It’s not what your contract calls you. It’s what you do in reality. And that difference could be the protection you need when things go wrong.

🎥 For more insights, watch our short video.

If you’re in a crash and the other driver takes off, it feels like terrible luck. But the law provides protection.

• If the vehicle is uninsured or can’t be identified (like in a hit and run), you can make a claim against the Nominal Defendant - essentially the government insurer.

• If you don’t know the driver or vehicle details, you must make what’s called a “proper search and inquiry” to try to identify them.

• The time limits are strict - you must lodge your claim within 9 months of the crash. Miss it, and the claim is barred.

👉 If this ever happens, act quickly. Beat the clock to protect your rights and your future.

🎥 For more insights, watch our short video.

NIISQ stands for the National Injury Insurance Scheme Queensland. It’s a no-fault scheme that supports people who suffer serious injuries in motor vehicle accidents in Queensland - even if the crash was their fault.

To qualify, the injury must be severe, such as:

• Brain injury

• Spinal cord injury

• Amputation

For eligible people, NIISQ covers treatment, care, and support - and in some cases, this can be for life.

If there is also CTP insurance, NIISQ benefits can affect what else you’re entitled to. That’s why it’s important to understand how the two schemes interact.

👉 Knowing how NIISQ and CTP work together ensures you don’t miss out on the support you need.

🎥 For more insights, watch our short video.

In a recent case, the plaintiff’s payout was cut - not because she wasn’t injured, but because the court couldn’t trust her entirely.

Here are three moments that show how small untruths and inconsistencies can create big problems:

1. Leaving work early due to pain, yet going out for dinner the same night.

2. Ticking “no” to chronic pain on a massage form, but later claiming constant pain in court.

3. First denying she had discussed personal issues with a doctor, then later admitting she had.

👉 The takeaway: Even small untruths can sink a case. Credibility isn’t just part of your claim - it is your claim.

🎥 For more insights, watch our short video.

It’s one of the first questions people ask. The short answer? Most of the time, no.

• In Queensland, the law encourages early resolution.

• There are pre-court procedures - built-in steps where both parties exchange information and try to resolve things before court.

• Only a small number of cases actually go to court, usually when there’s no agreement on fault or on how much the claim is worth.

That’s why preparation matters. The stronger and clearer your claim is, the more likely it is to resolve without ever stepping into a courtroom.

👉 Remember: The decision to go to court is always yours. Your lawyer can guide and advise you - but you make the call.

🎥 For more insights, watch our short video.

Most people think once WorkCover starts paying weekly benefits and medical expenses, that’s it - I’m covered. But actually, that’s just Stage 1 of a workers compensation claim, called the statutory claim.

• Stage 1 - Statutory claim

  • Covers weekly wages and medical treatment while you recover.

  • Ends once your injuries are considered stationary and stable — meaning your condition probably won’t change much even with further treatment.

  • Closing the statutory claim doesn’t mean you’ve fully recovered, just that you’ve reached a stable point.

• Stage 2 - Common law claim

  • Looks at the future impact of your injury.

  • Covers things like future loss of earnings.

  • The outcome can vary depending on your age, job, and severity of injury.

👉 So if you’ve been told, “That’s it, we’re closing your claim,” remember - you may still have more rights than you think.

🎥 For more insights, watch our short video.

If you receive a lump sum offer from WorkCover, stop and ask yourself:

• Do I really know what I’m signing off on?

• What could I be giving up?

• Have I considered all my options?

WorkCover may offer a payment based on a percentage of impairment. And sometimes that figure looks significant at first. But here’s what it doesn’t account for:

• How your injury affects your actual job

• Your future earning capacity

• The long-term impact of your injuries

👉 Before you say yes, make sure you understand exactly what you’re giving up - and what other options may still be available. The offer might look final, but your story may not be.

🎥 For more insights, watch our short video.

A common law claim is the next step after WorkCover payments end.

• WorkCover pays weekly wages and medical bills - but not forever.

• A common law claim looks further ahead at how your injury will affect your future.

The key difference is this:

• To succeed in a common law claim, you must prove your injury was caused by someone else’s negligence.

• That could mean:

  • An unsafe workplace

  • A careless co-worker

  • Another company involved in the job

If negligence can be proven, damages may cover:

• Future loss of income

• Changes to your ability to work

• The long-term impact of your injury on your life

👉 A common law claim isn’t automatic and it’s not for everyone. But if you’re worried about how your injury will affect your future, take steps early to protect yourself.

🎥 For more insights, watch our short video.

If your insurer asks you to see their doctor and you think it is just another routine appointment, you could be making a big mistake.

It is often called an IME, or independent medical examination. But independent does not mean it is your doctor. Usually it is a specialist chosen by the insurer to give an opinion.

They might assess:

• whether your injury is work related

• what treatment you need

• how serious your condition is

Every IME report becomes part of the evidence puzzle, and it can influence the decisions made about your claim.

So if you have been asked to attend an IME, do not find out it is important the hard way when something has been rejected. Understanding your rights and how these reports are used can make a big difference to your outcome.

🎥 For more insights, watch our short video.

If you don't have a will, it is the law and not you who decides who gets what.

Most people think a will is something you need only when you're older. But what happens if life takes an unexpected turn? One accident and everything changes overnight. Families aren't just left dealing with recovery, they are suddenly making decisions they never planned for.

When there is no will:

• Your spouse and kids might come first, but not always equally

• If you don't have them, it goes to your parents

• Then siblings

• Then other relatives

• And if there's no one else left, it could even go to the state

It is often something no one thinks about until it's too late. So whether it's an injury, an accident, or just life taking its turn, having a will means your loved ones are protected and you make the decisions.

Tip: Having a will means your loved ones are protected and you make the decisions.

🎥 For more insights, watch our short video.

Both drivers say “not my fault.” But liability is not about who shouts the loudest - it is about proof.

So remember these three things:

• Take photos

• Get witness details

• Find CCTV or dashcam footage nearby

When it comes to law, facts win, not noise.

🎥 For more insights, watch our short video.

Being active on social media can have hidden risks. Anything posted - public or “private” - can end up as evidence. A picture can tell a thousand words, but it can also tell the wrong story. Credibility is gold, so don’t let a post damage it.

Tip: Post as if a judge might read it one day - because that can happen.

🎥 For more insights, watch our short video.

On TV, court looks full of dramatic speeches, emotional pleas, and surprise twists.
In reality, judges don't buy emotion - they buy evidence.

In litigation, it is not just about how touching the story is.
It is about what can be proved.

Facts, documents, and credible witnesses - that is what wins cases.

Because at the end of the day, a story without proof doesn't stand in court.

🎥 For more insights, watch our short video.

You slip, you fall, everyone sees it, and you walk away embarrassed. But when the embarrassment fades, so can the evidence. Your injuries might not.

Remember the big three:

1. Report it - tell staff or the property owner and make sure an incident report is created.

2. Take photos - the hazard, the area, your shoes, and any visible injuries.

3. Get witness statements - names, contact details, and a short note of what they saw.

When it comes to the law, what you can prove matters more than what you can remember.

🎥 For more insights, watch our short video.

You can actually be prosecuted for a fraudulent claim - and yes, people do get caught more often than you’d expect.

One worker said he barely leaves the house, but went out horse riding.
Another said he couldn't work, but was drilling on site.

Both ended up with convictions, suspended jail time, and had to repay more than $15,000.

So the takeaway is simple:

• Be honest.

• If you're doing any work while on a claim, paid or unpaid, don't hide it.

One lie can cost you far more than your claim ever will.

🎥 For more insights, watch our short video.

Almost half of all CTP claims are whiplash, and whiplash almost never shows on an X-ray. People hear “my X-ray is normal” and assume the injury is nothing.

The latest MAIC report shows that 47% of CTP claims involve whiplash.

What most people don’t realise is this:

• An X-ray can look perfectly normal

• You can still have real pain

• Symptoms like stiffness, headaches, and restricted movement don’t show on an X-ray

• X-rays only show bones, not soft tissues

A normal X-ray doesn’t mean you’re not injured.

Tip: Listen to your body, not your X-ray.

🎥 For more insights, watch our short video.