Workers Compensation
Our services provide the following benefits:
Common Law Claims
Bruce Thomas Lawyers is arguably Queensland’s leading firm in the field of workers’ compensation. We believe that we manage more claims in this area of practice than any other firm in Queensland and can confidently boast the best outcomes for our clients.
A review of all of our settled claims for the current calendar year demonstrates an average settlement of less than $80,000, averaged across more than 100 resolved claims. This is a saving of almost $75,000 per claim on the scheme average published in a recent report to Parliament by WorkCover Queensland.
Our team has specialist expertise in a number of areas:
- Complex Third Party claims – ensuring optimum recovery from contributors and vigorously using all available processes to bring them to the table
- Pure psychiatric claims – careful investigation of causation and factual issues to optimise prospects of successful defence, particularly through early intervention in the statutory claim.
- Catastrophic claims – sensitive and effective management of spinal, head and amputation injuries and fatalities to minimise exposure and maximise outcomes for our client and genuinely injured workers.
- Asbestos, chemical exposure and latent onset claims – we have more experience in these claims than any other solicitors managing workers compensation claims in Queensland, providing specialist knowledge to maximise outcomes and recovery of contribution
- Court experience – our solicitors identify the claims that require full defence and litigation, resulting in numerous reported judgments favourable to defendants that have dismissed claims (see examples attached).
Statutory Claims
BTL understands that early intervention in statutory claims can have enormous benefits for minimising long term claim costs and reducing the prospect and potential value of common law claims. We work closely with your statutory claims team to manage claims early, to optimise rehabilitation outcomes, marshal evidence to defend claims and reduce damages, and avert potential claims.
BTL strategies and services for statutory claims management include:
- Early investigation of major injuries, often in conjunction with Workplace Health and Safety investigations, to provide early information about liability risk.
- Developing innovative rehabilitation options to maximise return to work outcomes and reduce potential damages.
- Investigation of disputed or suspicious injuries, obtaining evidence to support prosecutions (which we have managed for the statutory insurer) or defend common law claims. We have managed to dissuade claimants from commencing claims by providing early evidence to dispute liability and successfully prosecuted fraud claims, resulting in claimants losing the right to compensation or damages.
- Early involvement in serious claims which permits extremely rapid resolution of meritorious common law claims, sometimes with the Notice of Claim, reducing settlements and costs.
- Investigating and managing psychiatric/stress claims to obtain evidence to enable sustainable rejection of claims that are not compensable – e.g. management action, not work related.
- Assistance with drafting reasons for decision in difficult/contentious claims, and preparing submissions to Q-comp to support decisions disputed by claimants.
- Conducting appeals where Q-comp overturns your decision, with a high rate of success.
- Investigating and advising on latent onset claims including dust/asbestos disease and skin cancer.
- Interstate and international claims and those involving injury away from the workplace (e.g. layovers or remote worksites)
- Recovering statutory compensation from third parties – particularly for asbestos claims, but also major motor vehicle claims and fatalities where statutory compensation equals or exceeds damages.
Factual Investigations
BTL lawyers conduct the factual investigation work for the matters they are handling, saving you time and money. Our approach avoids delays and allows you to control information that must be disclosed to claimants.
Just as importantly, our process:
- gets the right questions asked;
- enables us to assess the people providing statements;
- gives us a better understanding of the claim (which you cannot always get from a second hand description of the facts);
- gives us a better understanding of your workplace and business
- allows us to inform your operational staff of the issues involved and help focus them on ways of reducing liability in future cases
This in turn helps us manage your claims more efficiently, increasing the savings for you and the simplicity with which claims are handled and communicated.
Self Insurers
BTL provides a range of services to self insurers including:
• Managing common law claims
• Statutory claims ad hoc advice
• Investigating and preparing decisions in complex statutory claims
• Submissions in Q-Comp reviews
• Appeals against Q-Comp decisions
• Regulatory advice
• Regular training
BTL also provides an extremely popular bi-monthly seminar and workshop series, at no cost, for self insurers through ASIEQ, the Association of Self Insured Employers Queensland.
BTL also represents numerous businesses who self insure for their general and public liability.
Employers
BTL’s expertise and superior service delivery have also resulted in at least 20 major employer groups in Queensland appointing it their preferred supplier for common law claims managed by the statutory insurer. This is testimony to our ability to build relationships and engender confidence in employers, within a system that is fundamentally challenging for them.
BTL assists these clients not only with managing their common law claims, but also:
• HR and IR issues that arise from claims
• Workplace health and safety advice and representation
• Reviewing and appealing statutory claims decisions
• Risk management strategies