WorkCover Injury Claims Victoria
Being injured at work can have a devastating effect on your quality of life
Arnold Dallas McPherson WorkCover Injury Lawyers are experts in WorkCover Claim matter and can get you the compensation you deserve.
We help with all parts of the WorkCover claims process, often assisting clients all the way from making a WorkCover Claim completing their initial WorkCover Claim Form, right through their lump-sum payout.
We form a close supportive relationship with our clients. We won’t leave people stranded for issues that arise throughout the claims process, such as weekly payment disputes or denial of medical treatment at Conciliation. Many firms leave their clients to sort these things out themselves. We do not believe in this approach.
We will work hard to maximise any lump sum payouts. We only ever charge reasonable and fair costs for assisting you. We are here to help you.
We believe we provide the best service in WorkCover claims in Victoria.
Contact us if you want to experience this for yourself.
Understand how the WorkCover Claims process works in Victoria
What our WorkCover Injury Lawyers can do to help you
If you’ve recently been injured in a workplace, or you’ve already begun your WorkCover Claim process, the Personal Injury Lawyers at Arnold Dallas McPherson can assist you with personalised legal support to guide you right through your entire claim.
Some of the support we can help you with include:
- Guiding you on what to do next after you’ve suffered your workplace injury
- Helping you complete and lodge the Worker’s Injury Claim Form
- Guiding you on what to do if your WorkCover Claim is rejected or you’re employer isn’t cooperating with you during your claims process
- Liaising with your employer and WorkSafe Agent if you’re not being paid correctly or your insurer is taking too long to respond to your requests, or if you have your payments cut off
- Assessing your situation for additional disability benefits or lump-sum payments if you’ve sustained permanent impairment injuries
- Lodging a Common Law Claim for Damages including proving you have a “serious injury”
A quick phone call with one of our Injury Compensation Lawyers is the fastest way to know what your options are. We will organise a free initial appointment with you to delve into the details of your case. You will then know where you stand with your personal injury and what can be done for you by our Personal Injury Lawyers.
Workers' Compensation FAQs
If an injury, illness, or condition you have suffered is in any way connected to your work then you may be entitled to WorkCover Benefits. If an injury happens due to the duties that you perform at work on a specific day then it is easy to see that an injury is work related.
Often injuries do not arise on a single day but build up over time due to the work that you do from day to day. “Over the course of employment” injuries are very common. Sometimes your Doctor will be able to identify whether your injury is due to the type of work that you can do. A lawyer can assist you in completing your WorkCover Claim Form to clearly indicate that your injury has occurred over time.
Sometimes workers are required to do work duties outside of normal work hours and the usual place of business, but if those duties are work related and you are injured you are still entitled to WorkCover. A classic example is getting work tools or other items out of your car at home.
- Report the injury to someone in authority at work. If there is an Injury Register at work, make sure you report it there. Whatever you do, make sure the report is in writing and get a copy of the written report. The report should be made within 30 days.
- See your doctor, and obtain a WorkCover medical certificate for up to 14 days if you cannot work.
- Complete a WorkCover claim for compensation, and give it to your employer. Claim forms are available from post offices, from us and from the Victorian WorkCover Authority at worksafe.vic.gov.au.
A weekly wage calculated on what you were earning prior to injury is payable.
There are different rules that apply to the rates of pay that are payable and for the length of time that you can receive payments after injury.
Medical expenses for medical appointments, treatments and medication, provided they are reasonable and are related to your injury, are payable. Other costs that you may have (such as gardening, home help, car modification, and the like) may also be paid by WorkCover following injury.
Lump Sum Compensation
If your injury is long term WorkCover may pay a lump sum of compensation to you.
You may be entitled to an Impairment claim and, if your injury is “serious” and someone else is responsible for it, you may be entitled to a common law payment for pain and suffering and loss of income.
Your lawyer can help you with these benefits.
Special rules apply for workers injured while working casual hours. It’s important that the rate of pay is done correctly at the start of a claim as the rate of pay assigned by Workcover is the base figure applied to all weekly wages received from Workcover.
The rate of pay is known as PIAWE or pre-injury average weekly earnings.
A PIAWE calculation for casual workers can be difficult to determine or check whether WorkCover has calculated it fairly.
You must have all wage slips/payment summaries and pay rates that you can find for the 12 months before injury when calculating the correct rate that should apply. If you have worked for less than 12 months with your employer then you need just those that cover the period of time before an injury.
Second jobs should also be included, though the number of hours they allow per week can be capped.
Shift allowance and Overtime
These wage supplements should also be included in a PIAWE calculation, with the average of each over the 12 months previous being included in the PIAWE rate of pay.
Workcover get PIAWE calculations wrong regularly. If a rate of pay is wrong it is very easy to appeal and your lawyer can assist with this.
If you have a long term injury you may have a Permanent Impairment. What level of Impairment you have directly correlates to how much compensation you are entitled to.
Firstly, you must wait at least 12 months after your injury to see what Impairment you may have.
Once you make a claim WorkCover will first assess your Impairment in accordance with prescribed Guides. You are entitled to appeal this Impairment rating.
Arnold Dallas McPherson are experts in advising as to appropriate Impairment ratings taking into account the symptoms and treatment a client has had and how the Guides relate to them. We strongly recommend you seek advice of experts in this area when pursuing an Impairment Claim.
If you have a “serious injury” then yes, you can.
Where injuries are long term and serious you can make a claim for loss of income and pain and suffering damages. But you must be able to prove that your injury was someone else’s fault, either your employer or someone else.
You need Specialist Legal Advice to pursue a claim against someone for compensation. Arnold Dallas McPherson can advise you of your chances of making a successful claim and guide you through the process.
Insurers often simply don’t respond to a request you or your Doctor has made to them.
It is very frustrating when they simply won’t get back to you. Following these easy steps will ensure any delay in responding will not be protracted –
– Make sure any request you or your Doctor make of the insurer, such as for treatment or home help, is done via fax or email.
– Keep a copy of the request and confirmation that it was received.
– Diarise for 28 days to see if there has been a response.
– If there has been no response lodge a Conciliation request.
A non-response Conciliation request usually is enough to prompt the Insurer to attending to the request, but you must be able to prove that they got the request in the first place.
Any decision made by a WorkCover insurer may be referred to conciliation. Conciliation is meant to be a process controlled by the independent conciliator which allows discussion of the dispute. The conciliator helps you to find a way to resolve the dispute, but has only limited powers to make a binding decision.
You do not need a lawyer to go to conciliation, but you may find it helpful. You may want to take a friend with you.
What you need to do is:
- Within 60 days of the decision being notified to you, complete a Request for Conciliation form.
- Send the form and any medical reports supporting you, and a short written summary of what should happen and why, to the Accident Compensation Conciliation Service.
- A date for a conciliation meeting will be set, and you will be notified.
We can assist you:
- to lodge the conciliation request;
- to obtain all relevant material and file it with the Conciliation Service;
- by attending conciliation with you.
If you are not happy with a conciliation outcome, seek legal advice. You may be able to take the dispute to court for a decision.
Can I appeal to Court?
Yes. If conciliation is unsuccessful, you may issue proceedings in the Magistrates Court or County Court.
Sometimes medical questions are referred from conciliation or Court to a Medical Panel. A Medical Panel is made up of a number of doctors who will read the documentation, examine you and make a decision on the medical question which is then binding on the parties and on the Court.