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Workers Compensation Lawyers in Melbourne

Injured at Work?

If you have been injured at work you will be entitled to compensation under the WorkCover system. This is a ‘no-fault’ scheme. You can still make a claim even if the accident was your fault.

Compensation is payable to full time, part time and casual workers. Self employed contractors in many cases such as owner-drivers and incorporated small business owners are also entitled to compensation.

Entitlements can be claimed for work-related injuries and illness, whether new or an aggravation of a pre-existing injury or illness. 'Work-related' injuries include those sustained during work breaks, at work functions and travelling whilst at work. If you sustain an injury travelling to or from work, you will not normally be covered by the WorkCover scheme. You may however be entitled to compensation from the Transport Accident Commission (TAC).

Injured workers can claim compensation in the form of:

  • weekly payments for lost wages;
  • medical, rehabilitation, travel and associated expenses;
  • a lump sum impairment benefit; and
  • a common law claim

To speak directly to one of our expert WorkCover compensation lawyers in Melbourne call 1300 333 300.

WorkCover FAQs

Why do I need expert work injury lawyers to represent me?

WorkCover will not give you independent legal advice regarding your WorkCover claim. In our experience, WorkCover often does not pay to you your maximum entitlement to compensation to weekly payments, medical expenses and lump sums. In order to claim damages for pain and suffering and lost wages, you will need work injury lawyers in Melbourne to represent you.

What should I do if I am injured at work?

You should report your injury to your employer as soon as possible. You normally must notify your employer within 30 days of your accident. You should arrange an appointment to see your doctor as soon as possible. In order to claim compensation for weekly payments or medical expenses you should complete a Worker's Injury Claim Form and give it to your employer together with a Certificate of Capacity from your doctor. You should also contact one of our compensation lawyers on 1300 333 300 to obtain advice to protect your rights.

What if I am unhappy with a decision made by my WorkCover insurer?

If the insurer refuses or ceases to pay you compensation, you should refer the dispute to the Accident Compensation and Conciliation Service (ACCS). This is a free service. You normally only have 60 days from the date of the decision to refer your dispute to the ACCS. However extension are available. If the matter does not resolve after the conciliation, you should seek legal advice from a compensation lawyer at our office concerning referring the matter to court.

What if I am injured travelling to work?

If you are injured on your way to or from work, your injury will not usually be covered under the WorkCover system. However you are entitled to compensation from the Transport Accident Commission (TAC).

Can I consult my own doctor for my work injuries?

You can generally consult the doctors of your choice for the treatment of your work injuries.

How is lump sum compensation for permanent impairment calculated?

The Accident Compensation Act 1985 requires Independent Impairment Assessors to apply the American Medical Association Guides to the Evaluation of Permanent Impairment, 4th Edition when assessing a worker's level of permanent impairment. A Whole Person Impairment percentage is calculated and then your entitlement is determined by WorkCover. If you are not happy with the decision, you should call one of our WorkCover compensation lawyers on 1300 333 000.

Can I sue for pain and suffering and lost wages?

In many cases yes. If you were injured at work, you may be able to sue your employer or another party for damages. It is necessary for you to show that your employer or another party was legally responsible for your injuries. In our experience, this can be shown in most cases.

A claim for damages usually includes compensation for:

  1. pain and suffering;
  2. loss of enjoyment of life;
  3. past loss of earnings; and
  4. loss of future wages.

Usually these cases are worth significant amounts of money.