Within 30 days of a workplace accident, you should report your injury to your employer and lodge a Workcover claim.  

Your employer must forward this document to their insurer; and your claim will be assessed within 28 days.

Strict time limits apply to WorkCover claims, so it is important to make a claim with your employer and seek legal advice as soon as possible. 

If you have been exposed to asbestos you must make a claim within three years of when you first become aware of an injury caused by your employer or manufacturer of products you have used.

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.

We recommend speaking with one of our asbestos lawyers as soon as possible to get your claim started to ensure you receive your full entitlements.

Yes.  As long as your employer’s primary place of business is in Victoria, you are entitled to make a WorkCover claim. 

This will entitle you to your weekly payments, medical and like expenses and a “lump sum” payment of impairment benefits.  However, accessing a lump sum payment for pain and suffering and loss of earnings may be governed by the state where you injured yourself.  We encourage you to speak with a Workcover lawyer as soon as possible to discuss your specific circumstances.

Full time, part time or casual workers can claim compensation.  If you’re a sub-contractor and at least 80% of your wage was paid by one employer you can also make a WorkCover claim.

If you’re a Commonwealth Government employee you can claim under the Federal Comcare scheme.

You can claim compensation for physical or psychological injuries which have occurred at, or as a result of, your work.  If you have a pre-existing injury or illness which was made worse by your employment, you are also eligible to make a claim.

Workers are additionally covered for injuries which occurred 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.  Maxiom Injury Lawyers 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.

Yes.  There are two types of lump sum payments 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 provide an assessment of your level of impairment against injury thresholds.
• 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 because of a work injury you may bring a dependency claim.  This entitles you 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.