Workers Compensation Lawyers Melbourne

WorkCover Claims

Workers Compensation Claims

Have you had a workplace injury in Victoria? You could be entitled to compensation through the Victorian WorkCover scheme.

It’s a no-fault system, so even if the accident was your fault, you can still claim.

There’s no cost to get advice or check your entitlements. Find out where you stand by speaking to our Melbourne personal injury lawyers today.

In Victoria, 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 scheme, known as WorkCover, is overseen by Worksafe to provide financial compensation to Victorian employees who are injured at work, regardless of who was at fault.

Full-time, part-time, and casual workers are entitled to WorkCover, with many self-employed contractors, including owner-drivers and incorporated business owners, also qualifying for compensation.

However, applying for WorkCover 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.

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Over 30 years of combined experience

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More than $100 million in compensation delivered to injured Victorians

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98% success rate

Law Institute of Victoria Accredited Specialists in Personal Injury Law

No Win No Fee* Work Injury Claims

Victorians who have been injured or died at work and/or were exposed to hazardous dust may be entitled to claim WorkCover for:
  • Weekly payments
These payments are designed to compensate you for lost income while you are unable to work.
  • Medical and associated expenses
These payments cover medical, hospital, ambulance, rehabilitation expenses (including home assistance), and travel costs.
  • Impairment benefit
A lump sum compensation payment is provided to cover permanent impairment resulting from a work-related injury or illness.
  • Lump sum for your pain and suffering and loss of earnings
A lump sum payment is available for pain and suffering, as well as economic loss. This payment accounts for both past and future income loss and reduced earning capacity.
  • Superannuation benefits
Legislation enables individuals to access their superannuation to assist in situations like these, including utilizing insurance options such as Income Protection (IP) and Total and Permanent Disablement (TPD) benefits.
  • Dependency claims.
A WorkCover dependency claim, also referred to as a death dependency claim or fatal claim, offers financial support to the dependents of a worker who has passed away due to a workplace injury or illness.

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 we do, what we do

Our Services

(TAC)

After an accident on the road you are legally entitled to make a claim for financial support to help you recover.

It doesn’t matter who was at fault.

(Slip and Trip)

If you are injured in a slip, trip or fall in a public or private place, or through another person’s fault, you may be entitled to claim compensation.

(Injury and Malpractice)

If you are injured as a result of the negligence or malpractice of a health provider you may be entitled to claim compensation.

Total Permanent Disability

If you have taken out income protection as part of your superannuation policy, you may be able to make an injury claim.

(Asbestos & Mesothelioma)

If you have been diagnosed with an asbestos disease or mesothelioma, let us pursue your entitlements immediately.

Why choose Maxiom Injury Lawyers for your WorkCover Claims?

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 WorkCover Claim 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 for your WorkCover claim.

To start your path to recovery, you can contact us at any time by phone or enquiry form. If you are not quite ready to speak to us, we also offer a Free Claims Check so you can find out if you are eligible to make a claim for your injury.

Read more from our clients here

Would highly recommend Sach Fernando if you require representation for a work injury. We were kept informed throughout the whole process and any time we had a question we received really prompt replies (even on a weekend). Going through something like this is daunting, especially when your life feels as though it’s on hold and disintegrating.  Sach made us feel supported and offered guidance throughout this journey.

- Sandy Taylor

Thank you Sach for your expertise, your advice, understanding and compassion.  We were totally unaware that my husband’s injury qualified for compensation and were so grateful that due to your extensive knowledge and professionalism you were able to achieve a successful outcome.  We appreciated being kept fully informed throughout the entire process.

- Jennifer Chanter

I cannot thank Sach and his team enough for their help with disputing the rejection of an insurance claim. They were relentless in their pursuit of ensuring a fair outcome was reached. I have much confidence in their ability and professionalism and would highly recommend them to anyone requiring legal advice and assistance.

- Paula Da Gama Pinto

If you are looking for a caring and compassionate workplace injury lawyer, you can’t go past Sach Fernando.  Thankyou so much for your help and support.

- Robert Bradford

My injury was not something I was prepared for but, with the guidance and support given to me by Sach Fernando I was able to successfully complete the Conciliation process. The advice they provided gave me the strength to get through the process with ease.  In addition, they took quick action where necessary, which really helped me reach my goal.

- Anoja Jothiwansa

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WorkCover FAQ

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.

Meet Our Team of Workers Compensation Lawyers

Meet our team of personal injury law Accredited Specialists and qualified workers compensation 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 WorkCover claim never stands still and that when your case is successful you have received value for money.

Latest Blog Articles

The impact from a serious injury can have devastating effects and can often change someone’s life for the foreseeable future. The road to recovery…
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Your path to recovery starts today

Make an appointment at one of our offices across Victoria today or call us and we can come to you.