WORKCOVER AND
WORKERS' COMPENSATION
Let us get you the compensation you deserve
Workers’ Compensation is a form of insurance covering all Victorian workers who have suffered from a physical or psychological injury in the workplace. Employees who are full-time, part-time, subcontractors, volunteers and those on work experience may all be entitled to workers’ compensation. WorkCover is the body that manages workers’ compensation payments in Victoria. A successful claim can compensate you for loss of income, medical expenses and more.
Know your rights & entitlements
What compensation will I receive if my claim is accepted?
WORKCOVER INCOME ENTITLEMENTS
If you can no longer work or can only manage limited tasks and reduced hours, WorkCover can provide weekly compensation payments.
- 95% of your average weekly earnings for the first 13 weeks
- 80% of your average weekly earnings thereafter until 130 weeks
In some circumstances, payments can be extended beyond 130 weeks.
MEDICAL COSTS
WorkCover can pay for medical treatment and rehabilitation for your injuries, including ambulance and other transportation costs. They can also cover the cost of making permanent modifications to your home or car because of your injury.
LUMP SUM BENEFIT
You may receive a lump sum impairment benefit if you’ve been off work for 12 months and meet all the necessary criteria. The type of injury you’ve suffered, and the severity of your condition will all be considered.
The team at Carbone Lawyers can advise you whether you are likely to qualify for this benefit.
Claiming damages under common law
Workers can sue their employers for damages if:
a: the injury is considered “serious” as defined by the Victorian Workers’ compensation legislation, and
b: the injury was the fault, or part fault, of your employer or some other party
What damages can I claim in a Common Law action?
- Pain and suffering
- Future loss of earnings and loss of earning capacity
- Loss of superannuation contributions.
How long do I have to make a WorkCover claim?
Generally, you have 30 days from the date of your injury to lodge your claim with WorkCover. However, the time limit may be extended depending on the circumstances.
If a worker has died because of a work-related injury, their dependents have two years from the date of death to claim dependency benefits.
If WorkCover rejects my claim, can I challenge the decision?
You have 60 days to challenge the decision through the Work Injury Commission (WIC).
What is the time limit if I plan to sue for damages?
You have six years to claim damages under common law. Be aware that preparing your case may take a lot of time, so if you intend to sue, seek legal advice as soon as possible.
Can I be sacked or forced to take annual leave if I am unable to work due to injury?
Once you’ve made a WorkCover claim, your employer can change your workload to accommodate your injuries while you are recovering. However, the employer can’t sack you, demote you, change your position, or treat you less favourably than other workers. You can’t be forced to take annual leave or a pay cut.
My WorkCover claim seems to be taking a long time. Is there anything I can do?
Even if you have already started the claim process, a legal firm that specialises in Personal Injury law and WorkCover claims can help you achieve a better result.
Never sign anything or accept any compensation offer until you’ve received proper legal advice. You may be entitled to a lot more than you’ve been offered.
Superannuation Claims
If you have an income protection policy as part of your superannuation and you’re forced to stop working due to injury, you may be able to claim against the policy. In some circumstances, you might be entitled to a superannuation lump sum.
Please see Superannuation, Total & Permanent Disability and Income Protection.
Carbone Lawyers is one of Victoria’s leading personal injury law firms with a team of highly experienced lawyers who will help you pursue your claim for personal injury compensation. Importantly, if you have had an injury compensation claim rejected, we can help you appeal the decision.
Legal action against your employer
If your injury was the fault of your employer or another person and is considered “serious” as defined by the Victorian Workers’ compensation legislation, you might be able to sue for:
- Pain and suffering
- Future loss of earnings and loss of earning capacity
- Loss of superannuation contributions
Once we understand your circumstances, the personal injury compensation lawyers at Carbone Lawyers will advise you on the likely success of a lawsuit.
No Win, No Fee
Mounting a legal case against WorkCover, an employer, or another entity can be prohibitively expensive for most people. That’s why Carbone Lawyers is proud to be able to offer our legal services on a no win, no fee basis. This means that most personal injury claims have no upfront fees, and we only get paid if we get a successful outcome for you.
It gives people access to good legal representation and the opportunity to undertake legal action regardless of their financial situation.
IMPORTANT: Never sign anything or accept any compensation offer until you receive proper legal advice. You may be entitled to a lot more than you’ve been offered. Don’t settle for less.