What should I do if I get injured at work in Victoria?

If you have been involved in an injury at work in Victoria you are entitled to claim worker’s compensation to help you recover. The first step to accessing Workcover payments is to complete an incident report and provide this to your employer. You will then need to complete a worker compensation claim form. This can be accessed through Work Safe Victoria . It is recommended, but not necessary, that you speak with a personal injury lawyer whilst completing this form to ensure the detail provided will ensure you receive your full Workcover compensation payments.

How do I claim compensation for a work-related injury?

There are 10 stages/steps to make a worker’s compensation claim, these are as follows:

1. Workplace injury / illness / accident occurs

2. Claimant seeks medical attention and help

3. Employee completes an incident report and provides it to their employer

4. Claimant completes and lodges a worker’s compensation claim form.

5. Claimant seeks legal advice and representation from a personal injury lawyer in Melbourne

6. Claimant may need to attend a serious or significant injury medical assessment for an independent evaluation of their injuries

7. Parties seek to settle the matter out of court through mediation, this is called the pre-litigation phase

8. If no resolution is achieved at mediation, further legal proceedings commence.

9. Hearing date is set

10. The legal case is heard before a court and jury to determine an appropriate settlement.

If you suffer from an injury at work it is recommended that you seek the guidance of No Win No Fee lawyers as soon as possible to help you gather all the documentation and materials required to ensure that you receive the full benefits that you are rightfully entitled to.

What is a worker’s compensation claim?

A worker’s’ compensation claim is a compensation payout for an employee who has suffered an injury at work. The Victorian Workcover scheme covers employees for a loss of income and the medical costs associated with their recovery. This is an entitlement available to all employees regardless of fault. Injured employees may also be able to claim a lump sum payment for their injuries and sue for negligence.

How does worker’s compensation work in Vic?

In Victoria, employees with a workplace injury (this can be physical and/or psychological) (i.e. bullying, stress) can access basic entitlements and lump sum support to help them to recover from their injuries. The Victorian Workcover scheme also entitles an injured employee to sue for further compensation where the workplace injury occurred through negligence.

What can you claim compensation for?

The Victorian Workcover scheme covers employees for a loss of income and the medical costs associated with their recovery. This is an entitlement available to all employees regardless of fault. Injured employees may also be able to claim a lump sum payment for their injuries and sue for negligence.

Do I need a lawyer to access Workcover payments?

A Victorian Workcover lawyer is the best person to assist you with an injured worker compensation claim if you have been injured on the job. They can assist you with your claim from start to finish – from preliminary advice about making an incident report, helping you understand the Workcover claims process, and enhancing your entitlements and worker’s compensation payout. Lawyers who specialise in personal injury have extensive experience dealing with insurance companies and are dedicated to helping injured clients secure insurance benefits and/or seek further compensation to help them recover as quickly as possible.

How long after an injury can you claim worker’s compensation?

Within 30 days of your workplace injury / illness you should provide an incident report to your employer and lodge a WorkCover claim. Worker compensation claims for dust exposure must be made within three years from diagnosis of an asbestos-related disease (such as mesothelioma, asbestosis compensation) or silica-related disease (such as silicosis). A common law payout for your pain and suffering and loss of income must be lodged within six years of the date of your injury. It is important to note that there are strict Workcover claim time limits in Victoria. A personal injury lawyer can guide you as to whether the circumstances of your injuries make you eligible to lodge a claim out of time.

Does worker’s compensation cover stress leave?

Yes, to make a claim for stress leave you need to lodge a worker’s compensation claim with Workcover lawyer.

Can I make a worker’s compensation claim for psychological injury in the workplace?

Yes, an employee may be able to make a psychological injury worker’s compensation claim where they have developed a condition or have a worsening of a pre-existing condition by reason of work.

Is there a time limit to claim Workcover in Victoria?

Yes, there is a Workcover claim time limit in Victoria. A personal injury lawyer can guide you as to whether the circumstances of your injuries make you eligible to lodge a claim out of time.

How long can you stay on worker’s compensation in Melbourne?

130 weeks.

It is recommended that if you haven’t already, speak to a personal injury lawyer before 130 weeks to ensure that your payments continue if your injury will require ongoing care and you still have limited capacity for you. It is important to contact a worker’s compensation claim lawyer if you have been injured at a workplace as soon as possible to learn what entitlements you may be eligible for, and what you can do to ensure you receive your full benefits.

What does a work-injury lawyer charge?

Personal injury lawyers charge legal fees where claims for injury compensation are successful. They do not charge legal fees where a compensation claim is unsuccessful. This is called a “No Win, No Fee” arrangement – a concept brought about to provide access to justice for injured persons who are entitled to financial support to recover from their injuries. Not all personal injury firms approach the No Win No Fee model the same. If you have been injured and are, we recommend that you ask about the law firm’s fee structure to understand what proportion of the awarded compensation you will receive.

At Maxiom Injury Lawyers, our expert team are highly rated worker’s compensation lawyers in Melbourne, car accident lawyers in Melbourne and medical negligence lawyers. If you would like to speak with a worker’s compensation claims lawyer, contact us on 1800 85 30 85.