WORKERS COMPENSATION: WORKCOVER SOLICITORS, VICTORIA
Legal Helpline: ☎ 1800 352 100
Our Victorian personal injury solicitors specialise in helping injured persons obtain compensation for work-related accidents. Advice is also available on Covid-19 compensation claims.
Our solicitors can help workers of Victoria lodge a compensation claim, if the worker:
1. has been injured, and their injury arose out of or in the course of employment; OR
2. where their employment has been a substantial contributing factor for a heart attack, stroke or disease, a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease; OR
3. injuries have been suffered in a car accident to/from work or on a work-related journey. Journey claims may involve making a TAC (Transport Accident Commission) claim as opposed to a workcover claim.
So if you have been injured at work, on your way to/from work, at a work function or work event or training session, or if you have a pre-existing diseases or illness that has been made worse by work, you may be entitled to compensation.
Legal assistance is also available to families who have lost loved ones to a workplace accident or illness. Family members may be able to claim death benefits.
Complete the Contact Form or call ☎ 1800 352 100 to receive obligation-free legal advice from a fully qualified and experienced workers compensation solicitor. It costs nothing to use this referral service.
Workcover compensation in Victoria
Who can claim?
Any injured worker may make a claim, whether they work full-time or part-time, casual, as a contractor or self-employed.
What types of injuries can I claim for?
- Completely new injures.
- Aggravation of pre-existing injuries, diseases and illnesses.
Whether your injury is physical and/or psychological, you may have legal rights to compensation.
How to claim compensation
If you are injured as a result of a work-related accident, you should seek medical treatment immediately. You should explain to your treating doctor how the injury came about, and they will make a record of this.
It is very important that you tell your employer of the injury as soon as possible. This also applies to work-related diseases. If you suspect that your injury or illness is in any way related to your occupation and work duties, you should notify your employer.
You need to file a notification with your employer within 30 days of the injury. Failure to notify your employer about your injury may mean that you are denied your entitlements to workers compensation. If you are unable to notify your employer yourself, you should ask another person, such as a family member, to report the incident on your behalf. Your employer is required to give you written acknowledgement of your claim.
If you cannot do your normal job then you should see your doctor for a WorkSafe Certificate of Capacity (which is similar to a medical certificate). You should give this certificate to your employer.
You will need to fill in a WorkSafe Worker’s Injury Claim Form, which is available from any post office or your WorkSafe agent. Your employer may also have a claim form available. The form will then need to be sent to a WorkSafe agent
Important Note: You have the right to seek legal advice at any time. If you are unsure about how to fill out the Worksafe Worker’s Injury Claim Form, you may wish to speak with a solicitor.
Our solicitors can provide obligation-free legal advice on WorkCover claims. Just complete the Contact Form or call the helpine for assistance.
You should try to keep records relating to your accident as this information will be useful when preparing your claim. Some of the information you should record is:
- The date, time of your injury.
- Any witnesses to your accident.
- Your location when you became ill or were injured.
- How the injury or accident happened.
- The nature of the injury- what body parts were affected; how you felt during and after the accident.
- The date you notified your employer.
- Details of any medical appointments and examinations.
- Copies of medical reports, hospital records and x-rays relevant to your accident.
- Copies of receipts relating to medical, pharmaceutical and other out-of-pocket expenses related to your injury.
You may be able to claim compensation for:
- Weekly payments (income entitlements). Weekly payments are determined by a percentage of your pre-injury average weekly earnings (PIAWE) capped at a maximum rate. The amount you receive will depend on your current work capacity; how long you have been receiving weekly payments; whether you are earning an income from remaining at work or returning to work.
Reasonable costs of medical, dental, pharmaceutical and like services
- Impairment Benefits.
- Common law damages.
- Death Benefits (including lump sum payments, burial or cremation costs, family counseling costs).
What if I disagree with the insurance company?
If your insurance company is delaying paying your entitlements, or has underpaid you, or has denied your claim, we suggest that you seek legal advice to find out how you can best challenge the insurer’s actions.
If your dispute cannot be resolved through negotiation and conciliation, your solicitor may recommend that you take legal action through the court system.
No Win No Fee Solicitors
Contact one of our solicitors today for obligation-free legal advice. They can help you obtain maximum compensation under the Accident Compensation Act. They may also be able to represent you on a No Win No Fee basis.
This information, referral and advice service is here to help injured workers and their families, and is completely free to use.
Legal Helpline: ☎ 1800 352 100