If you have suffered an injury at work you may be entitled to the following:
- Weekly payments
- Medical and associated expenses
- Impairment benefit
- Lump sum for your pain and suffering, and loss of income
Please contact us so we can advise you on the full range of your entitlements.
Our passion is to help you on your road to recovery and ensure that all of your entitlements are fully paid. We will advocate for your rights, be your voice, and are accessible when you need. You will be represented by a Specialist personal injury lawyer with the commitment that fees will be kept low.
Frequently Asked Questions
You should first report your injury to your employer and lodge a Workers Injury Claim Form within 30 days. You must give your completed claim form to your employer who must forward it to their insurer. Your claim will be assessed within 28 days.
A common law claim for your pain and suffering and loss of income must be lodged within six years of the date of your injury.
Strict time limits apply so we encourage you to lodge your claim as soon as possible.
Yes. As long as your employer’s principal place of business is in Victoria, you are entitled to claim WorkCover. This will entitle you to your weekly payments, medical and like expenses and an impairment benefit. However, your lump sum award for pain and suffering and loss of earnings may be governed by the state where you injured yourself.
Full time, part time or casual workers can claim compensation. If you’re a sub-contractor and at least 80% of your wage was derived from one employer you can also claim WorkCover.
If you’re a Commonwealth Government employee you can claim under the Federal Comcare scheme.
You can claim compensation for physical or psychological injuries sustained at work. If you suffered from a pre-existing injury or illness which was made worse by your employment, you are also eligible to make a claim.
You are also covered for injuries sustained during an authorised recess i.e. lunchtime or whilst you’re travelling for work.
If you’re injured whilst travelling to and from work, your entitlements will be covered by the TAC. We can help you with this too.
Yes. If you have taken out income protection as part of your superannuation policy you may be able to make a claim. You may also be entitled to a Total and Permanent Disability (TPD) or Permanent Incapacity claim within your respective Superannuation Scheme. We can assist you make this claim at an appropriate time.
There are two lump sums that you may be entitled to:
- Impairment benefit– A claim for an impairment benefit can be made 12 months from the date of your injury provided your condition is permanent and stable. The claims process takes four months, during which time you will be examined by an Independent Medical Examiner who will assess your impairment rating.
- Common law Damages (Pain and Suffering and Economic Loss) – A common law claim can only be made 18 months after your injury or after your impairment benefits claim has finalised. To be entitled to a lump sum you must establish that you sustained a serious injury due to the fault of your employer or another party.
Yes. If you were dependent on a family member who died as a result of a work injury you may bring a dependency claim. You are entitled to a weekly pension, interest and a substantial no fault lump sum.
You may also bring a common law claim if the death was due to the fault of the employer or any other person.
Principal, Maxiom Injury Lawyers
Sach Fernando is a leading lawyer and Specialist in Personal Injury law, accredited by the Law Institute of Victoria.