Guide to WorkCover Injury Claims

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When you’ve been injured, lodging claims and paperwork only makes things worse. At Carbone Lawyers, we manage the whole process so you can just focus on your recovery.

No Win, No Fee

Our no win, no fee policy means that most personal injury claims have no upfront fees.

The WorkCover scheme is designed to provide financial relief and support for people who are injured at work or because of their work. The amount of money that a worker receives depends on the severity of the injuries and the ability, if any, to return to any suitable work.

WorkCover insurance is a form of insurance that employers pay for in order to support workers who have been injured on the job or because of their work. This means that if you’re injured while working (or develop an illness as a result of your job), you could be eligible for financial assistance from your employer.

Workers’ compensation benefits are based on the severity of the injury and can range from payment of weekly payments of compensation, payment of reasonable medical, payment of reasonable rehab services, legal costs and more.

If fault can be established on the part of the employer and the worker’s injury is serious, a Common Law claim can also be made, which entitles the injured worker to lump sum compensation for pain and suffering, and past and future economic loss. 

Medical, Hospital and Rehabilitation Expenses

If you are unable to work due to a work injury, you may be able to claim medical expenses. This includes ambulance and hospital expenses, as well as medication.

Domestic Assistance

If you are injured on the job, you may be able to make a domestic assistance claim. This type of claim can provide support for medical treatment and rehabilitation, as well as income support. To find out more about benefits and eligibility requirements, speak to our WorkCover Claims lawyers.

New Employment Assistance Payments

Workers can receive a payment if they’re not able to return back to their old employer and continue to have no capacity to perform suitable work. In some cases, workers may also be able to access these payments if they’re seeking new skills, such as retraining or developing new skills (see below). 

Education or Training Assistance Payments

WorkCover payments can be made to workers to develop new skills in order to return to work. These payments help workers returning from short-term disabilities. If you are unsure if you are eligible for compensation, seek proper legal guidance.

Lump-sum Compensation for Permanent Impairment

If you have suffered an injury at work that results in a permanent impairment, you may be eligible for lump-sum compensation from WorkCover. In Victoria, there are two types of lump sum benefits:

  1. A statutory benefit known as an Impairment Benefit, which does not require fault to be proven on the part of the employer; and
  2. A Common Law claim, which is commenced by lodging a Serious Injury Application. To be successful in a Common Law claim, it is incumbent on the injured worker to establish fault on the part of the employer.

 

An Impairment Benefit is a modest lump sum payment that is not intended to compensate the injured worker for economic loss. By obtaining an impairment benefit, this does not impact on the worker’s rights to weekly payments or reimbursement of medical expenses.

Common Law claims, on the other hand, are intended to compensate for pain and suffering and economic loss. They require a lot of work and preparation if done properly, and it is vital that you seek early legal advice to maximise your prospects of success. Carbone Lawyers has a department dedicated to prosecuting Common Law claims on behalf of injured workers and will be able to help you through the process every step of the way. 

Payments in the Event of Death

In the unfortunate event of a worker’s death, there are usually payments made to the deceased person’s family. These payments can be in a lump sum or over time and are intended to help with the costs associated with the death.

Each recovery plan is different, with a range of benefits and return-to-work options. For instance, some plans might offer money for funeral expenses or help pay for ongoing care costs. 

Hearing Impairment Claims

People who suffer from a permanent hearing impairment may be able to claim workers’ compensation. To make a claim, you must first determine the severity of the impairment. This is done by assessing when the impairment became stable or unlikely to improve.

Some common expenses that can be claimed include hearing aids and hearing tests. The process of making a claim can be complicated, so it is best to seek help from the legal professionals at Carbone Lawyers who understand the law in this area.

What if My Employer Doesn’t Cover My Compensation?

If your employer doesn’t accept your WorkCover claim, it’s important to understand your rights. All full-time and part-time workers in Victoria are required by law to have WorkCover insurance. There are some circumstances where a subcontractor may be considered a worker.

If you’re injured at work and need to make a compensation claim, it’s important to know what kind of injury it is and how severe it is. You’ll also need to prove that the injury happened as a result of your job. If your claim is rejected, you can appeal the decision. Carbone Lawyers helps injured workers appeal decisions in respect of rejected work injury claims, such as a rejected claim, a dispute about your weekly payments, or a dispute concerning what medical treatment is appropriate for your injuries. Speak to us today for assistance in this area. 

We’re Here to Help

If you’ve been injured at work, our team of specialists are here to help. We’ll guide you through the process and make sure you receive the compensation you deserve. Our lawyers have years of experience dealing with WorkCover claims, so we know what to expect.

We understand that being injured can be a difficult time, both physically and emotionally. That’s why we’re here to support you every step of the way. We’ll do everything we can to get you back on your feet as soon as possible. Contact us today and start your free claim assessment.

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