matilda-injury-lawyers

Do I need a lawyer?

Thu, 16 Apr 2026 05:03:41 GMT

This is something we often get asked and something I am sure a lot of people are thinking: Do I even need a lawyer? Can't I just do this myself and save some money?

The short answer is yes, you can do it yourself. But we wouldn't recommend it. And here is why:

1) An Insurer Is Not on Your Side

As with any type of insurance claim, the insurer is not on your side . They are representing the person at fault; the person who caused your injuries.

Whether it’s WorkCover or a CTP/public liability insurer, their role is to minimise their bottom line and to resolve each claim as quickly and cheaply as possible.

They may do this by closing your claim early and without funding all appropriate treatment, downplaying your injuries and not obtaining all of the necessary medical evidence, and by making low offers on hope that you accept them without a fight.

They are not looking out for you or trying to be helpful, and they will offer you significantly less than what you're entitled to .

The 2024/2025 data released by the Motor Accident Insurance Commission, shows that legally represented claimants receive much higher compensation then self-represented claimants, for the same injury. The average legally represented claimant received about 7.5 times more compensation than a self-represented claimant.

Additionally, self-represented claimants received substantially less funding for treatment and rehabilitation, with the average legally represented claimant receiving 3.17 more funding.

2) You Don't Know What You Don't Know

An insurer has significantly more knowledge, experience and resources than you, and they will use this to their advantage.

They aren't going to tell you what your claim is really worth, or what evidence you need to give to them to increase their offers - they rely on you being the underdog .

Personal injuries matters are complex and, to get the best result, you need to tailor the claim to the injured person's individual circumstances. This means:

Demonstrating liability and making sure there are not any discounting factors applied;
Selecting the best and more qualified specialist to assess your injuries;
Calculating the full extent of your damages - including your income, medical expenses, pain and suffering and future costs; and
Providing appropriate medical and financial records, statements and precedents to support your claim.

A personal injuries lawyer will know how to calculate these losses accurately, to maximise your claim.

3) You Get One Shot at This

Once you settle your claim, that's it; you cannot receive any further compensation. This means that if your injury gets worse, if you lose your job, or if you need any unexpected surgery, you will need to pay for those costs out of your pocket if they haven't been included in your claim.

You need to make sure that you are covered for these risks, and that everything has been accounted for.

4) We Won't take on your claim Unless we can get you A Better Outcome - In Your Hand

We purposely keep our caseloads, so that we can provide the best possible service to our client's. This also means that we don't take on a claim, unless we think that our involvement is going to get you a better outcome, in your hand. If it's not worthwhile for us to get involved, we won't act for you.

If you've been injured, this is not the time to cut corners. Get advice from someone that you can trust, who can take this off your plate, and will fight to get the best possible outcome for you.

We will take this off your plate and will build your case for you to get what you deserve.

What will happen during my WorkCover claim?

Tue, 17 Mar 2026 02:52:13 GMT

These are the steps that will happen during your workers' compensation claim (i.e. after your benefits stop and you decide to make a compensation claim):

Client Story: Increase in Weekly Benefits

Fri, 13 Mar 2026 04:46:25 GMT

We recently disputed a WorkCover decision and were able to increase our client's weekly benefits.

Our client, Roger, injured his lower back at work while working as a removalist. As a result of this, he required several months off work.

When Roger's WorkCover claim was accepted, one of the first steps was for WorkCover to assess his "normal weekly earnings" and how much he would receive each week in lieu of his wages.

Unfortunately, Roger had only been working for the removal company for one week and was employed on a casual basis. This meant that he had not received a payslip from his employer, and he could not demonstrate any consistent earnings to WorkCover. His employment contract did not stipulate the number of hours that he would work each week.

Roger informed WorkCover that during his interview, he was told by the manager of the removalist company that he would be working approximately 30 hours per week at a rate of $35.00 per hour.

When WorkCover spoke with Roger's employer, they were told that Roger's hours were not guaranteed. The employer told WorkCover that it was not their company policy to give casual employees 30 hours a week, and that their manager would not have told Roger this.

Roger had worked 28 hours in his first week, however his employer said that this was just a one off and that his hours could be a little as 5 hours per week moving forward.

On this basis, WorkCover issued a decision that Roger would only be paid 5 hours per week in lost wages.

Roger was very upset by this. He had a young family, and needed to be paid his regular wages to support them and himself, whilst he was unable to work. Being paid for 5 hours per week was just not enough.

Rachel and I quickly decided that we needed to appeal this decision to the Workers' Compensation Regulator. We prepared submissions to the Regulator, which outlined the interview process and the conversations that took place between Roger and his manager. We included Roger's employment history (which showed that he had previously worked full-time), and that he had turned down another role with lesser hours. Roger also had an email that was sent to him by the manager, saying that he would "get 30 hours a week".

We also found an online post from the manager, advertising the role as a "casual role, 30 hours", and we included this with the submissions.

In response, the removalist company submitted that the email and social media post meant that Roger would get 30 hours in his first week only, not each week thereafter.

The Regulator found in favour of Roger. We were able to get his wages paid at 30 hours per week for the remainder of his time off work, and for his lost wages to be back paid. It was a great outcome and confirmed what Roger had been saying all along.

If you are having any difficulties getting your wages paid by WorkCover Queensland, please reach out to Rachel and I, and we can help you through your situation.

Receiving weekly payments while on WorkCover

Sun, 08 Mar 2026 10:30:15 GMT

If you are unable to work because of your workplace injury, it is important that your time off work is covered.

Will I get paid if I'm off work because of an injury?

Yes - if your workers' compensation/WorkCover Queensland claim is accepted AND you are certified as being unfit to work, you should receive payments for your lost wages.

However, it is not always that straightforward.

What am I entitled to?

The amount that you actually receive will be dependent on:

When you were injured;
Whether you lodged your claim on time (i.e. within 6 months of your work incident or the date of diagnosis);
How long your medical certificate says that you need to be off work;
How long you've been receiving weekly payments;
What your normal weekly earnings were; and
Whether you have a contract or award.

Sometimes, there is a dispute with WorkCover about how much or for how long you should be paid. If this is happening to you, please reach out to Allison and I, and we can make sure that you are getting paid what you deserve.

What information is used to calculate my wages?
The workers' compensation insurer/Workcover Queensland will generally require some evidence of your normal weekly earnings (being the average earnings that you received in the 12 months before the accident, or in the time since you've been employed).

They will ask your employer for:

A payroll report for your previous 12 months;
Payslips;
Tax invoices;
Your contract of employment;
Bank statements; and/or
Evidence of the earnings of other like employees.

If you have any of this information, you can also provide it to WorkCover.

Why are my wages less than what I normally earn?
Wage payments are calculated based on the regular amount that you would have received if you hadn't been injured at work. They include:

salary or wages;
regular overtime;
higher duties;
penalty rates; and
allowances (except those listed below).

Wage payments don't include:

allowances or expenses relating to travel, car, relocation, meal, education, living away from home, entertainment, clothing, tools and vehicles; and
superannuation.

In addition, most policies don't allow for your full normal weekly earnings to be paid:

For the first 26 weeks of payments: you are likely to receive 85% of your normal weekly earnings (unless you are under an industrial agreement);
From 26 to 104 weeks: you are likely to receive 75% of your normal weekly earnings; and
From 104 weeks onwards: your wage payments will be dependent on the ongoing impairment for your injury.

Tax will also be deducted from your payments.

Will I still be paid super whilst I am off work?
No - employers are not required to pay superannuation while you are receiving WorkCover payments, unless it is stipulated in your award, enterprise agreement or contract.

Will I still accrue leav e whilst I am off work?
Yes - your annual leave, personal leave and long service leave will continue to accrue as normal.

How long will I be paid for?

This depends on you and your recovery. Your wage payments will stop if:

You are certified as being fit to return to work;
Your injury is assessed as being "stable and stationary";
You receive a lump-sum offer from WorkCover; and/or
You've received payments for 5 years and your total weekly compensation amount reaches the maximum amount payable.

Again, there are often disputes with WorkCover regarding how long someone should continue receiving wages. If this is something that you are concerned about, Allison and I can help you to navigate this with WorkCover. We have successfully appealed many decisions and had our client's wage payments reinstated or increased, and we would love to obtain a great outcome for you.

Your Notice of Assessment

Mon, 02 Mar 2026 14:00:23 GMT

If you've been injured in a car accident

Fri, 27 Feb 2026 14:00:39 GMT

Preparing for your MAT Psychiatric Assessment

Fri, 27 Feb 2026 06:18:50 GMT

If you are having your psychiatric/psychological injury assessed by the Medical Assessment Tribunal, there is some important information that you should know:

The Psychiatric Medical Assessment Tribunal (often referred to as the MAT), is a panel of three psychiatrists, who make decisions in relation to your workers' compensation claim.

If you have a psychological injury, the insurer should arrange an appointment for you at the end of your workers' compensation claim, so that the MAT can assess your injury and determine the nature and extent of any psychological impairment that you have.

In making this assessment, the psychiatrists on the panel will likely discuss with you:

The cause of your psychological injury;
What treatment you are currently having (including any medication that you are taking); and
How you have been affected by your injury (including your self-care and personal hygiene, social and recreational activities, travel, relationships and employment).

They will also talk to you about your mental health history and whether you have had any previous claims, and they will have been provided with your medical records to read in advance.

Your assessment will take place either in person (150 Mary Street, Brisbane), or via video, and will take approximately one hour.

The psychiatrists may also request that you complete a blood test, to confirm what medication you are taking and whether you have taken any illicit drugs.

To prepare for this assessment, you:

Can prepare for the questions that you might be asked;
Can write down some notes to take with you, including a list of your current medications and any important dates;
Should consider bringing a support person - either to take into the appointment, or just to drive there and back with you;
Should talk about the impact that the injury has had upon you and your life, rather than what has occurred with your employer and/or WorkCover;
Should keep a record of your travel costs and parking expenses, so that they can be reimbursed;
Can read the AMA Guidelines, for more information on how your assessment is completed. We can provide you with a copy of this if you would like.
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Following the assessment, the MAT will prepare a report and provide this to WorkCover/the workers' compensation insurer.

If the MAT decides that your psychological injury is stable and stationary, their report will include an assessment of the degree of permanent impairment (DPI) that you are suffering. WorkCover will then provide you with a Notice of Assessment, which is a document setting out the DPI and, if you have more than a 0%, a lump sum offer.

There are some important decisions that you will need to make in response to the Notice of Assessment, that may affect your ability to pursue any further compensation. We highly recommend that you seek legal advice before responding to this Notice.

If you have any questions about the MAT or your WorkCover claim generally, please reach out to Allison or Rachel on 07 4599 3054.

If you've been injured at work

Wed, 25 Feb 2026 01:51:07 GMT