If you have been injured at work in Victoria, you are entitled to claim workers’ compensation through the WorkCover scheme to help you recover.
This is a no-fault entitlement, meaning it does not matter who caused the injury.
In this guide our Melbourne WorkCover Lawyers walks you through the exact process of making a WorkCover claim, from reporting your injury through to receiving your entitlements.
It is written by Sach Fernando, an Accredited Specialist in Personal Injury Law (Law Institute of Victoria) and principal lawyer at Maxiom Injury Lawyers.
Steps to Make a WorkCover Claim in Victoria
Step 1: Report Your Injury to Your Employer
You must notify your employer of your injury within 30 days of becoming aware of it.
This notification should be in writing. You can email your employer or complete the workplace register of injuries (sometimes called the incident book).
Your report should include the date, time and location of the injury, a brief description of how it happened, and the nature of the injury.
Your employer must acknowledge receipt of the report in writing and provide you with a copy.
Tip: Keep your own copy of everything you submit and note the exact date you provided it. This record will be valuable throughout your claim.
Step 2: See Your Doctor
Visit your GP or a hospital as soon as possible after the injury.
Your doctor will assess your condition, begin treatment, and provide the medical documentation you need to support your claim.
You have the right to choose your own treating doctor. You do not have to see a doctor nominated by your employer.
If your injury is psychological, your GP can refer you to a psychologist or psychiatrist for specialist treatment.
Step 3: Get a Certificate of Capacity
A certificate of capacity is an official WorkCover document that outlines your injury, your current work capacity, and any limitations that affect your ability to do your job.
This is not the same as a standard medical certificate, a regular medical certificate will not be accepted for a WorkCover claim.
Your initial certificate of capacity must be issued by a medical practitioner (your GP or a specialist) and is valid for up to 14 days.
Subsequent certificates can be issued by doctors, physiotherapists, chiropractors, or osteopaths and are valid for up to 28 days each.
You must sign the declaration on the second page of the certificate. Continue providing certificates to your employer for as long as you are off work due to your injury.
If you are only claiming reimbursement for medical expenses and do not need time off work, you do not need a certificate of capacity, but you still need to lodge a claim form.
For mental injury claims, the certificate must include a formal diagnosis using the current Diagnostic and Statistical Manual of Mental Disorders (DSM) and documentation of any significant behavioural, cognitive, or psychological dysfunction.
Step 4: Complete the WorkCover Claim Form
The form you need is called the Worker’s Injury Claim Form. You must complete Part A (questions 1 to 6), then sign and date it.
The form is available from your employer, from the WorkSafe Victoria website, or you can lodge it online through myWorkSafe.
When completing the form, pay close attention to the date of injury. If your injury happened on a specific day, use that date.
If it developed gradually over time (for example, a repetitive strain injury or a psychological condition caused by ongoing workplace issues), note this on the form as a “gradual process” injury.
Make sure you list all of your injuries, including any psychological injuries.
If you leave something off the form, you may miss out on entitlements later.
If you are unsure about any section, get legal advice before submitting , it is much easier to get the form right the first time than to amend it afterwards.
Step 5: Lodge Your Claim With Your Employer
Submit your completed claim form and certificate of capacity to your employer.
The best way to do this is in person or by email if your employer agrees. Ask your employer to sign and date the form to confirm receipt.
By law, your employer cannot refuse to accept your Worker’s Injury Claim Form, and they cannot dismiss you or treat you unfairly for making a claim.
If you are having difficulty with your employer during this process, you can lodge your claim directly with WorkSafe by contacting the WorkSafe Advisory Service on 1800 136 089.
Keep copies of all documents and record the date you submitted them.
Step 6: What Happens After You Lodge
Once your employer receives your claim, they have 10 calendar days to forward it to their WorkCover insurer.
The insurer then has 28 days to accept or reject your claim. If no decision is made within 28 days, your claim is deemed accepted.
If your claim is accepted, you will be assigned a case manager who will coordinate your recovery and return-to-work plan.
Weekly payments and medical expense reimbursements will commence.
If your claim includes a mental injury, the insurer must determine your eligibility for provisional payments within 5 business days.
Provisional payments give you early access to treatment , including GP visits, psychology, and psychiatry , for up to 13 weeks, even while your claim is still being assessed.
To access this, make sure you tick the “mental injury” box on the claim form.
Step 7: What to Do if Your Claim is Rejected
If your WorkCover claim is rejected, you have 60 days to lodge a dispute through the Workplace Injury Commission (WIC).
The WIC is a free service and you do not need a solicitor to use it, although having legal representation improves outcomes.
At Maxiom, we have successfully overturned rejected WorkCover claims, including cases where other law firms advised the client they could not be helped.
Early legal advice can make a significant difference.
What Are You Entitled to Under WorkCover?
Once your WorkCover claim is accepted, you can access several categories of support.
These are statutory (no-fault) entitlements available to all injured workers, regardless of who was at fault for the injury.
Weekly Payments
Weekly payments compensate you for lost income while you are unable to work.
The payment rates are based on your Pre-Injury Average Weekly Earnings (PIAWE), calculated from what you earned in the 12 months before your injury.
| Period | Payment Rate | Notes |
| First 13 weeks | 95% of PIAWE | Includes base rate, overtime and shift allowances |
| Weeks 14 to 130 | 80% of PIAWE | Subject to indexed weekly cap |
| Beyond 130 weeks | Continued payments | Only if whole-person impairment >20% and limited work capacity |
Tip: If you are approaching the 130-week mark and your injury still limits your ability to work, speak to a personal injury lawyer before your payments are due to end.
There are steps that can be taken to ensure continuity of payments if you qualify.
Medical and Like Expenses
WorkCover covers the reasonable costs of treatment and support related to your injury.
This includes:
- Doctor and specialist consultations
- Hospital and surgical expenses
- Physiotherapy, psychology, and other allied health treatment
- Medication
- Rehabilitation services
- Travel costs to and from medical appointments
- Home help services and home modifications
- Medical aids and equipment
Lump Sum Compensation
In addition to weekly payments and medical expenses, you may be entitled to lump sum compensation:
Impairment benefit :
A no-fault lump sum payment for permanent impairment.
This is assessed by an independent medical examiner once your injury has stabilised, typically no sooner than 12 months after the date of injury.
The amount depends on your assessed level of whole-person impairment
Common law damages :
If your workplace injury was caused by your employer’s negligence, you may be able to sue for damages covering pain and suffering and economic loss.
This is a fault-based claim with strict time limits (six years from the date of injury) and requires proving both that your injury is “serious” and that negligence occurred.
Common law claims must be made after any impairment benefit claim.
For a detailed breakdown of lump sum entitlements and how they are calculated, see our workers’ compensation payout guide.
Who Can Make a WorkCover Claim?
All employees in Victoria are covered by WorkCover, whether you work full-time, part-time, or casually.
Subcontractors may also qualify as “deemed workers” under the legislation if at least 80% of their income over the past 12 months came from one employer.
It does not matter who was at fault for the injury.
WorkCover is a no-fault scheme, meaning you are entitled to claim even if the accident was caused by your own mistake.
If your employer does not have WorkCover insurance (which is a legal requirement), you can still make a claim and WorkSafe will guarantee your benefits.
If you are a Commonwealth Government employee, the federal Comcare scheme applies instead of WorkCover.
Time Limits for WorkCover Claims in Victoria
There are several important deadlines to be aware of when making a WorkCover claim in Victoria.
| Action | Time Limit |
| Report injury to employer | Within 30 days of becoming aware of the injury |
| Lodge WorkCover claim form | As soon as possible (no strict statutory deadline, but unreasonable delay can result in rejection) |
| Dust disease claims (e.g. mesothelioma, asbestosis, silicosis) | Within 3 years from diagnosis |
| Common law damages claim | Within 6 years of the date of injury |
| Dispute a rejected claim | Within 60 days via the Workplace Injury Commission |
If you have missed a deadline, do not assume you are out of options.
A personal injury lawyer can advise whether the circumstances of your injury make you eligible to lodge a claim out of time.
Psychological Injury Claims
Yes, you can make a WorkCover claim for a psychological or mental injury sustained at work.
However, since 31 March 2024, mental injury claims must meet all of the following criteria to be eligible:
- A mental health condition diagnosed by a medical practitioner (GP or psychiatrist) using the current Diagnostic and Statistical Manual of Mental Disorders (DSM)
- The condition causes significant behavioural, cognitive, or psychological dysfunction
- Employment is the predominant cause of the injury
- The injury is not caused by stress or burnout that would be reasonably expected to occur during your normal duties
If your claim includes a mental injury, you may be able to access provisional payments for early treatment (up to 13 weeks) while your claim is being assessed.
Make sure you tick the “mental injury” box on the Worker’s Injury Claim Form.
Psychological injury claims have stricter eligibility criteria than physical injury claims.
We strongly recommend getting legal advice early in the process. For a detailed guide, see our article on compensation payouts for psychological injury.
Frequently Asked Questions
1. Do I need a lawyer to make a WorkCover claim?
You are not required to have a lawyer to lodge a WorkCover claim.
However, a workers’ compensation lawyer can help you complete your claim form accurately, ensure you receive your full entitlements, and represent you if your claim is disputed or rejected.
Lawyers who specialise in personal injury have extensive experience dealing with insurance companies and are dedicated to helping injured clients secure the benefits they are entitled to.
2. Can my employer fire me for making a WorkCover claim?
No. It is illegal for your employer to terminate your employment or treat you unfairly because you have made a WorkCover claim.
If you believe you are being penalised for claiming, contact WorkSafe Advisory or speak to a lawyer.
3. Can I choose my own doctor?
Yes. You have the right to choose your own treating doctor throughout your WorkCover claim.
You do not have to use a doctor nominated by your employer.
4. What is the difference between a medical certificate and a certificate of capacity?
A standard medical certificate confirms that you are unfit for work.
A certificate of capacity is a specific WorkCover document that details your injury, your work capacity, any limitations, and treatment needs.
WorkCover requires a certificate of capacity , a standard medical certificate will not be accepted for weekly payment claims.
5. How long does the WorkCover claims process take?
After your employer forwards your claim to the WorkCover insurer, the insurer has 28 days to make a decision.
If no decision is made within 28 days, your claim is deemed accepted.
The overall timeline depends on the complexity of your injury and whether any disputes arise.
6. How long can I receive WorkCover payments?
You can receive weekly WorkCover payments for up to 130 weeks.
Payments beyond 130 weeks are available if your whole-person impairment is assessed at greater than 20% and you have limited capacity for work.
It is recommended that you speak to a personal injury lawyer before the 130-week mark to ensure continuity of payments if your injury requires ongoing support.
7. What does a WorkCover lawyer charge?
Most personal injury lawyers, including Maxiom Injury Lawyers, operate on a No Win, No Fee basis.
This means you only pay legal fees if your claim is successful.
Not all firms structure their fees the same way, so we recommend asking about the fee arrangement upfront to understand what proportion of your compensation you will receive.
How Maxiom Can Help With Your WorkCover Claim
At Maxiom Injury Lawyers, you will work directly with Sach Fernando, an Accredited Specialist in Personal Injury Law as recognised by the Law Institute of Victoria.
Our approach is to listen to your story, explain your options clearly, and fight to ensure you receive your full entitlements.
We have a track record of achieving results in complex cases, including overturning rejected WorkCover claims that other firms said could not be won.
We operate on a No Win, No Fee basis and are committed to keeping our legal fees low so that you receive the maximum amount of your compensation.
If you have been injured at work, contact us for a free, confidential consultation.
Call 1800 85 30 85 or use our online enquiry form.
