Virtually all employers in Victoria are required to have WorkCover insurance. WorkCover is the state’s workers’ compensation scheme. It is designed to provide payments and support if you suffer a work-related injury or illness. Understanding the workers’ compensation process in Victoria is vital for securing all of the payments and other entitlements you deserve.
Arnold Dallas McPherson Injury Lawyers (ADM) have been representing injured workers since 1994. We have obtained some of the largest workers’ compensation recoveries in Victoria history. Our success is founded on a personalised approach to WorkCover injury claims.
Many large personal injury firms are impersonal and corporate. We treat each client like a human being who deserves one-on-one attention and support. This is apparent starting with the FREE consultation, where we discuss your legal options in relatable language and help you find a path forward.
For immediate assistance with a WorkCover matter, call ADM at 1800 242 588 today. We help clients through the workers’ compensation process in Victoria from offices in more than a dozen communities, including locations in Melbourne and Bendigo.
Who Can Make a WorkCover Claim?
WorkCover insurance is mandatory for businesses with one or more workers in Victoria. If you are injured on the job or develop an illness as a result of your employment, you have the right to apply for workers’ compensation. This is true for:
- Full-time employees
- Part-time employees
- Casual or seasonal workers
- Apprentices or trainees
- Contractors (under certain circumstances)
If you meet any of these criteria (and many workers do), you should speak to a lawyer about lodging a WorkCover claim. You may be entitled to workers’ compensation under the law, but obtaining the full payout you deserve is not guaranteed.
What Does Workers’ Compensation Pay For?
The workers’ compensation scheme in Victoria covers certain benefits for work-related injuries and illnesses. You may be able to claim the following benefits from WorkCover:
- Medical treatment expenses
- Therapy and rehabilitation costs
- Weekly payments whilst you are unable to work
- Provisional payments for mental injuries
- Lump sum impairment benefit, if your injury results in permanent disability
You may also be entitled to common law compensation if you are seriously injured at work due to the negligence of another. Common law damages may include past and future loss of earnings, as well as pain and suffering.
A capable lawyer can calculate common law damages in a WorkCover claim and help you pursue a favourable outcome.
WorkCover vs WorkSafe: What’s the Difference?
Before making a claim, it is important to understand the difference between WorkSafe Victoria and WorkCover. WorkSafe Victoria is the state government authority that regulates workplace safety and oversees the workers’ compensation system. Meanwhile, WorkCover is the insurance scheme itself.
WorkCover claims are managed by authorised agents (also known as WorkSafe agents). These are private insurers appointed by WorkSafe Victoria to assess liability and administer claims brought by injured workers.
In most cases, you will deal directly with the WorkSafe agent throughout the claims process. Seeking legal advice is key for understanding your rights, avoiding common mistakes and ensuring your claim is properly prepared.
What Is the Process of Applying for Workers’ Compensation in Victoria?
Perhaps the most important part of the workers’ compensation process in Victoria is knowing how to make a claim and what happens when you do. The steps you need to take if you are injured as a result of your work are:
Step 1 — Get medical care straight away
Minor injuries may only require first aid, whilst more serious ones should be seen by a doctor. Go to emergency if you are seriously hurt.
Step 2 — Report the injury to your employer
You need to notify your employer of the injury as soon as possible. Report it to your supervisor or someone else in authority. Make sure there is a written record of your injury in the workplace Register of Injuries.
If you are injured in a transport accident in the course of your job, this needs to be reported to the police. When you are injured in a motor vehicle accident in the course of your employment, you should lodge a Workcover claim. You may also have an entitlement to a common law claim with the Transport Accident Commission if the accident was the fault of another party.
If you aren’t sure which type of claim to make, you should speak to one of our experienced lawyers.
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Step 3 — Get your first Certificate of Capacity
You need a Certificate of Capacity to claim weekly payments from WorkCover. This document describes the injury or illness and any limitations you face in your ability to work.
The first Certificate of Capacity is valid for 14 days. It must be issued by a medical practitioner, such as your GP or a doctor in the hospital. You have the right to see a doctor of your choosing; your employer cannot dictate which medical provider you see for your WorkCover claim.
Any subsequent Certificates are valid for 28 days. They may be issued by a doctor or another healthcare provider, such as a physiotherapist or chiropractor.
Step 4 — Complete the claim paperwork
You will need to download the worker’s injury claim form from the WorkSafe website and complete questions 1–6. These sections are labelled:
- Worker’s personal details: You will need to provide your first and last name, gender, date of birth, address, phone numbers and email address.
- Worker’s injury/condition details: WorkSafe asks if you have a physical or mental injury, as well as how it happened, the parts of the body that are affected, the location of the accident (both at your workplace and the address) and the name of your employer.
- If you suspect a third party contributed to your injury, be sure to provide details in this section. This can help to establish your right to common law damages.
- Worker’s employment details: In addition to the name of your employer and the address of your usual workplace, you will be asked when you started with the employer for whom you were working when the injury occurred. The form also asks you to list any additional employers.
- Worker’s earning details: These include your average weekly hours worked, average pre-tax hourly wage, overtime pay and shift allowances. If possible, you should include recent payslips to show how much you previously earned.
- Treatment and return to work details: You will need to provide the names of any medical providers involved in your care for a work-related injury or condition. If you have returned to work, you will need to specify the date you started working again, how many hours you’re working and employer details.
- Authority to release medical information and worker’s declaration: This section asks you to authorise the release of your medical information as it pertains to your WorkCover claim.
Once the form is complete, give it and the initial Certificate of Capacity to your employer. The employer is required to complete question 7 in Part A and all of Part B and submit the paperwork to their WorkSafe agent.
Claims can also be lodged online on WorkSafe’s website.
Step 5 — Seek legal representation
Being injured on the job or suffering a physical or mental complaint due to your work can be overwhelming. It can make lodging a WorkCover claim and protecting your rights difficult. That is why we recommend speaking with a knowledgeable workers’ compensation lawyer early in the process.
Contact ADM today for an honest discussion about your claim. We offer approachable expertise from lawyers who have represented numerous injured workers.
ADM handles WorkCover matters on a ‘No Win, No Fee’ basis. You pay nothing for the initial consultation, and you are only responsible for lawyer fees if we obtain a favourable outcome.
What Are the Time Limits for Victoria WorkCover Claims?
There are a few key time limits to be aware of when lodging a claim with WorkCover:
- You should notify your employer of the injury within 30 days.
- Claims for compensation should also be lodged within 30 days or as soon as possible after an injury.
- If you qualify for common law damages, you have 6 years to make a claim.
Employers are also subject to deadlines when an employee submits a WorkCover claim. Notably, they have 3 days to submit mental injury claims and 10 days to submit physical injury claims to their WorkSafe agent. The agent then has 28 days to review the claim and determine liability.
If you disagree with a WorkCover decision, you have 60 days to file a dispute with the Workplace Injury Commission. Preparing an effective dispute on your own can be difficult. We urge you to contact a solicitor as soon as possible to get expert assistance.
Get Help Navigating Workers’ Compensation Process in Victoria
People who have been injured on the job often don’t know where to turn. You should start by getting medical care, then begin exploring your rights under WorkCover.
Arnold Dallas McPherson Injury Lawyers can help. Our detailed understanding of the workers’ compensation system in Victoria enables us to discuss your claim in easily understandable terms and relate the general procedures to your particular situation. We skilfully represent you whilst reassuring you every step of the way.
Call 1800 242 588 today for a FREE consultation. We are available 24/7 to answer work injury enquiries in Melbourne, Bendigo and communities across Victoria.
