Workers Compensation Claims
After a work-related trauma you are legally entitled to financial support to help you recover.
It doesn’t matter who was at fault.
Find out where you stand. Speak to our Workcover lawyers today.
Financial support is available where an individual has been injured or has died because of an accident at work – regardless of who was at fault.
The insurance schemes which apply to workplace injuries can be complicated so it’s recommended that you speak with a workplace accident lawyer as soon as reasonably practical.
This ensures that you are fully informed as to your eligibility and potential entitlements, understand the information you will need to gather and steps you need to take in order to guarantee your compensation.
Victorians who have been injured or died at work and/or were exposed to hazardous dust may be entitled to claim rightful entitlements for:
- Weekly payments
- Medical and associated expenses
- Impairment benefit
- Lump sum for your pain and suffering and loss of earnings
- Superannuation benefits
- Dependency claims.
If you are diagnosed with an asbestos-related injury, you may also be able to access a provisional payment of compensation with a right to sue for a further award of damages in the future.
Strict time limits apply, so we encourage you to speak with our workplace injury lawyers today for information about your rights and entitlements.
“I injured my back at work and was recommended to talk to Sach at Maxiom Injury Lawyers. Money can’t heal my injury but does help relieve the stress of paying the mortgage. If you are injured and need a supportive team around you, call Sach.”
– Joanne Clancy
Why Maxiom Injury Lawyers?
In our experience, clients receive the most benefit during the legal process when they work with a lawyer who actively listens to their stories and understands their concerns about the legal process.
That’s why at Maxiom Injury Lawyers you will be partnered with an Accredited Specialist in Personal Injury Law who is accessible when you need and will advocate for your rights, be your voice and ensure you receive your full and fair entitlements. We are also committed to keeping legal fees low so that you receive the maximum amount of compensation
Read more from our clients here
- Sandy Taylor
- Jennifer Chanter
- Paula Da Gama Pinto
- Robert Bradford
- Anoja Jothiwansa
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.
Asbestos & Dust Diseases FAQ
Within three years of when you first become aware that you’ve suffered injury which was caused by your employer or manufacturer of products you have used.
We recommend speaking with our mesothelioma lawyers as soon as possible after diagnosis of an asbestos disease to ensure you receive your full entitlements.
You must prove that it is more probable than not that your employer or a manufacturer breached their duty of care and this breach made a material contribution to the cause of your injury.
To determine this, the extent, duration and intensity of the asbestos exposure is examined.
Our asbestos lawyers can help determine who the responsible party is for your injuries and lodge a claim on your behalf as soon as possible.
Yes. You can claim the cost of burial or cremation, family counselling services, medical and associated treatment between the date of your loved one’s injury and death.
You can also claim a weekly pension and a substantial lump sum payment. In some cases, you may also have a claim for common law damages.
Meet Your Team
Meet our team of personal injury law Accredited Specialists and qualified lawyers with more than 30 years of combined experience. Our services are given on a “No Win, No Fee” basis and we are committed to obtaining the maximum compensation that you deserve.
Our highly efficient and collaborative team hold weekly strategy meetings to discuss all client files to ensure that every claim is progressed at the right time and you are kept updated. This means you can be confident that your lawyer is working hard to ensure your claim never stands still and that when your case is successful you have received value for money.
Victorian WorkCover Authority: https://www.worksafe.vic.gov.au/
WorkCover Online Portal: https://www1.worksafe.vic.gov.au/vwa/claimsmanual/Home.htm
Understanding Common Law Claims: http://www.judicialcollege.vic.edu.au/eManuals/SIM/index.htm#53962.htm
Workcover Claim Form : https://www.worksafe.vic.gov.au/resources/workers-injury-claim-form
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