Workers Compensation
Lawyers Toowoomba.
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When a workplace injury on the Darling Downs was caused by an unsafe system, poor training or faulty equipment, statutory WorkCover benefits may be only part of what you are owed. AMK advises Toowoomba workers on both the no-fault scheme and common law damages against a negligent employer, No Win, No Fee.
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What People Are Saying
"I won't trust anyone else other than AMK Compensation Lawyers. They are compassionate, caring and provide a personal, human touch in tough situations. They made sure to provide the best outcome and actually over-achieved and got a better result due to their knowledge and long standing within the industry."
"I truly believe that if it was not for Michael and his team at AMK Compensation Lawyers, I might not be here writing this review today. Michael is an incredibly smart man and has worked as a defence lawyer for the insurers before starting his own firm. He foresaw and knew every tactic they used before they used it. To this day I am still blown away how Michael and AMK Compensation Lawyers got the insurer to a really good settlement when I was backed into a corner. I am forever grateful."
"Thank you to all the team at AMK Compensation Lawyers for all your support. Michael has a ton of knowledge and has led and guided me throughout the whole process. Thank you Michael — your knowledge allowed me to get a good result. Highly recommend."
"Michael Singh was an incredible help during a very difficult recovery. He was patient, kind, and professional, providing a no-nonsense assessment that honestly accounted for both the physical injuries and the mental health toll. It's rare to find a lawyer who handles every single detail personally. If we could give more than 5 stars, we would do it in a heartbeat."
"AMK Compensation Lawyers were very supportive in my matter. The teamwork across the firm was excellent. Their communication was clear at every step and I would be more than happy to work with them again."
"When I had a motor vehicle accident, I was very scared and confused. After I talked to Mr. Michael Singh, I knew I'd be in good hands. From day one the level of communication and guidance was really outstanding. I am eternally grateful to Michael, Michelle and the team for everything they did. Moving forward after the accident feels easy with AMK Compensation Lawyers."
"Michael Singh is very friendly and patient, even with my limited English background. Such amazing help with my work injury. Very, very honest and humble man. I am very grateful to him and his team for their immense help and the outcome they helped me bring about. Highly recommend for anyone needing help with work or car injuries."
"Have been using AMK Compensation Lawyers for the last 18 months for my business, and they are very professional with quick turnarounds."
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What Workers Compensation Rights Do Toowoomba Workers Have?
Every Queensland worker injured in the course of employment can claim no-fault statutory benefits. If an employer was negligent, a common law claim for damages may also be available.
Statutory benefits cover weekly payments, medical and rehabilitation costs and, where there is lasting impairment, a lump sum. Common law damages are assessed differently: they look at the full effect of the injury on your working life, including earnings you will lose in the future.
For the step-by-step statutory process in Toowoomba, see our WorkCover lawyers Toowoomba page.
When Can A Toowoomba Worker Sue Their Employer?
You need to show your employer was negligent and that the negligence caused your injury. For injuries on or after 31 January 2015, there is no minimum level of permanent impairment.
A worker with a DPI of 0% can still bring a common law claim if negligence can be proven. Only injuries between 15 October 2013 and 30 January 2015 required a DPI of more than 5%, so your date of injury matters.
Typical examples on the Darling Downs include machinery without proper guarding, unsafe stacking or loading practices, missing fall protection, fatigue in long-distance driving, and a lack of training for hazardous tasks.
What Can Common Law Damages Cover?
Damages can include past and future lost earnings, lost superannuation, medical and care costs beyond the statutory period, and general damages for pain and suffering.
The value of a claim depends on how serious the injury is, your age, your earnings before the injury and how strong the evidence of negligence is. AMK gives you an honest view of what a claim may be worth at your free assessment, without promising an outcome.
Statutory benefits you have already received are generally taken into account when damages are calculated.
How Does The Lump Sum Choice Affect A Common Law Claim?
If your DPI is assessed at under 20%, or you have no DPI, you must choose between the statutory lump sum and pursuing common law damages.
At a DPI of 20% or more, you can accept the lump sum and still sue. Separate assessments, such as one for a physical injury and one for a psychiatric injury, cannot be combined to reach 20%.
The decision can be deferred, and getting it wrong can cost a great deal, which is why AMK reviews every Notice of Assessment before a Toowoomba client responds.
How AMK Runs A Toowoomba Common Law Claim
We investigate how the injury happened, gather medical and employment evidence, and follow the required pre-court steps before negotiating with the insurer.
Most claims resolve at a compulsory conference or through negotiation rather than at trial. Throughout, you deal with your lawyer directly by phone, video or in person, and you pay no fee unless the claim succeeds. Read more on our workers compensation page.
Workers Compensation For Toowoomba Clients.
We look after injured workers right across Toowoomba and the Darling Downs through phone and video meetings, or by coming to you at home or in hospital. You can also see us face to face at our Toowoomba office, 58–62 Water Street, South Toowoomba.
Frequently Asked Questions.
Is there a minimum impairment level to sue my employer in Toowoomba?
For injuries on or after 31 January 2015, no. You need to prove negligence, not reach an impairment threshold. Injuries between 15 October 2013 and 30 January 2015 required a DPI of more than 5%.
Can I get WorkCover benefits and common law damages?
Statutory benefits are paid regardless of fault. Common law damages are separate and require proof of negligence. Benefits already received are generally taken into account when damages are assessed.
What if my physical and psychological injuries are assessed separately?
Separate DPIs cannot be added together to reach 20%. If neither reaches 20%, you will need to choose between the lump sum and a common law claim, so get advice first.
My employer says the injury was my fault. Can I still claim?
Statutory benefits do not depend on fault. For a common law claim, any contribution by you may reduce damages, but it does not automatically end the claim.
Does AMK act for workers outside Toowoomba on the Darling Downs?
Yes. We act for workers across the Darling Downs from our South Toowoomba office, and by phone, video and home or hospital visits.
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