Lodging a workplace injury claim on your own can be difficult. Though there is no requirement for you to have a lawyer, it is in your best interests to seek legal representation. An experienced lawyer can help you navigate the WorkCover scheme and pursue all entitlements.
Arnold Dallas McPherson Injury Lawyers (ADM) represent injured workers throughout Victoria. Our expertise in WorkCover claims enables us to provide you with honest guidance and hands-on support.
Speak to a workplace injury claim lawyer for FREE by calling 1800 242 588 today. Workers’ compensation lawyers at ADM serve clients in Melbourne, Bendigo and communities across the state from more than a dozen offices.
How Do I File a Workplace Injury Claim?
In Victoria, WorkCover provides financial support for workers who sustain injuries and illnesses in the course of their jobs. You need to lodge a claim with WorkCover to access entitlements for your workplace injury.
To get started on a WorkCover claim, you need to:
- Seek medical attention for your injury. You can start by going to your GP or, if it’s serious, the emergency room. This step should be taken as soon as possible.
- Report the injury to your employer. This needs to be done as soon as possible (within 30 days at the latest).
You will need to complete the Worker’s Injury Claim Form and submit it to your employer. This document details your injury and how it occurred. Your employer is then required to forward the form to their WorkSafe agent (also known as an authorised agent).
If you are claiming weekly payments for lost earnings, you will also need to get a Certificate of Capacity from your doctor or another medical practitioner. It describes how your injury affects your ability to work. The initial Certificate of Capacity is valid for 14 days and must be submitted along with your claim form.
Many people worry that they won’t fill out the forms right, or claiming WorkCover could put their job at risk. A skilled workers’ compensation lawyer can assist you with the paperwork, help you avoid common mistakes and protect your rights every step of the way.
What Entitlements Do I Have as an Injured Worker?
Injured workers in Victoria may qualify for a number of entitlements through WorkCover. These benefits are designed to support your recovery and minimise financial burdens.
Your claim will go through an assessment process to determine what benefits you’re entitled to. These may include:
- Coverage of medical and like expenses: Any claimed medical treatment must be related to the workplace injury, reasonable and necessary. Covered medical and like expenses may include appointments with doctors, physiotherapy, prescription medications, hospital care, surgery, travel to and from appointments and can even extend to things like home help and gardening assistance.
- Weekly payments: These cover a portion of your lost earnings while you are unable to work. You may still receive weekly payments if you return to work in a modified or reduced capacity.
- Provisional payments: You can access payments for counselling, psychotherapy and other mental health services if you suffer a work-related psychiatric injury. Provisional payments are available for up to 13 weeks, regardless of whether your WorkCover claim is ultimately accepted.
- Impairment benefit: This lump sum payment is available if your work injury has stabilised and you meet statutory thresholds for permanent impairment.
If your injury was caused by the negligence of another (most commonly an employer, but sometimes by a third party), you may also be able to sue for common law damages. This is an additional form of compensation for loss of past and future income, as well as your pain and suffering and loss of enjoyment of life. Your injury must be the result of another’s negligence, and it must qualify as a ‘serious injury’ under Victoria law.
No two WorkCover matters are exactly alike. Some are accepted quickly, while others may be disputed or rejected. If you encounter difficulties with your workplace injury claim, speaking with a knowledgeable lawyer is the best way to understand your options for disputing unfavourable decisions.
Why Are Some WorkCover Claims Rejected or Disputed?
If you are an employee in Victoria and suffer an injury at work, you can lodge a claim for compensation through WorkCover. However, claims are not automatically accepted.
Some of the most common reasons WorkSafe agents dispute or reject claims include:
- Insufficient connection between the injury and your work
- Pre-existing conditions unrelated to employment
- Late reporting of the injury or illness
- Inconsistencies in the claim form, medical records, etc.
- Lack of medical evidence
- Disputes about whether you can return to work
- Disputes about whether you are an employee or a contractor
These and other disputes can often be overcome by submitting additional information to support your claim. An experienced lawyer can advise you how to proceed and guide you through the management of your claim.
Do I Need a Lawyer for My Workplace Injury Claim?
You may not need a lawyer if your work injury is relatively minor and you’re not claiming weekly payments. In more complicated situations, however, it is beneficial to have a legal advocate who can help you through the WorkCover process and maximise your entitlements.
Situations where you may want to contact a lawyer for a workplace injury claim include:
- Your claim has been rejected: A lawyer can review the reasons for rejection and seek to have the matter referred to the Workplace Injury Commission.
- You have not received a decision about your claim: Employers have 10 calendar days to forward your claim to their WorkSafe agent. The agent then has 28 days to accept or reject liability. Your lawyer can ensure that the claim is submitted and reviewed in a timely fashion.
- You have a pre-existing condition: Work injury claims are often complicated by the existence of a prior condition. Legal advice is often necessary to navigate disputes on whether the injury was work-related.
- Your weekly payments have suddenly stopped: Authorised agents may reduce or stop weekly payments if they believe your capacity for work has changed or that you have resumed your employment. These determinations are not always accurate. A solicitor can help you challenge the decision and get your entitlements restored.
- Your weekly payments have reduced: Whilst there are some reasons that payments do get reduced, it is important to ensure that this has occurred as a result of what is required by law. From time to time, this can occur due to the whim of the insurer. You should obtain advice any time your payments are affected.
- You are being assessed for permanent impairment: Having an advocate who can review the impairment rating is often essential for maximising your lump sum payment. Challenging low assessments requires legal knowledge and access to experts.
- You wish to claim for common law compensation: Proving negligence and calculating common law damages require expertise. Lawyers who know the common law claims process can gather evidence to show that your injury is ‘serious’ and another party was to blame.
Many workers simply don’t know what rights and entitlements they have under Victoria’s workers’ compensation system. If you’ve been hurt on the job, the best way to understand the WorkCover scheme and make a successful claim is to have a qualified lawyer on your side.
What a WorkCover Lawyer Can Do for You
Getting the right advice early on can make a big difference in your claim. It can simplify the application process, reduce the likelihood of disputes and help you start getting payments for a work injury sooner.
Depending on what situations arise during your claim, a work injury lawyer can help you by:
- Gathering medical evidence to support your entitlements
- Guiding you through communicating with the WorkCover insurer
- Disputing adverse decisions, such as rejection of necessary treatment expenses
- Ensuring the proper calculation of weekly payments
- Providing advice during the impairment assessment process
- Helping you make a claim for common law damages
Contact ADM for Help with Your Workplace Injury Claim
The pain of a work-related injury is often exacerbated by confusion and uncertainty. You might know the basics of WorkCover, but the actual process of making a claim can be intimidating. ADM can provide an honest assessment of your claim and help you get all of the entitlements you deserve.
Lawyers at ADM expertly handle WorkCover claims while treating you with respect and providing support. With our No Win, No Fee policy, you pay nothing upfront and are only responsible for legal fees if we resolve the matter successfully.
We are a statewide firm with more than a dozen offices. Call ADM at 1800 242 588 today for a FREE consultation with a work injury lawyer in Melbourne, Bendigo or elsewhere in Victoria.
