Melbourne’s trusted Workers’ Compensation Lawyers We can help you get compensation you deserve. If you have been injured at work in Victoria you will be entitled to compensation under the Victorian 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. What can workers’ compensation lawyers help you make a claim for? Weekly payments for lost wages;Medical, rehabilitation, travel and associated expenses;A lump sum impairment benefit; andA common law claim If we believe the case is likely to be successful, in most circumstances we will pursue your claim on a ‘no win no fee’ basis. This includes paying for out-of-pocket expenses. Not all Victorian employees will be covered by this scheme. Some employers are insured under the Comcare scheme. For more information please see our Comcare section. What is WorkCover? WorkCover is the name of the Victorian workers’ compensation scheme. It is overseen by the Victorian WorkCover Authority (known as Worksafe), which appoints insurance companies to manage most WorkCover claims. Most Victorian employers must have WorkCover policies of insurance for their staff, whether they are full-time, part-time or casual. If an employer does not have an insurance policy, a Fund has been established to pay WorkCover benefits to affected injured workers. WorkCover insurance also covers some self-employed contractors. It includes compensation for workplace accidents such as back and neck injuries, burns, asbestos-related diseases, construction site accidents, falls, psychological/mental illness, hearing loss and RSI (repetitive strain). As time limits apply, it’s important to lodge your claim as soon as possible. We can help you prepare your claim and guide you through the whole process. Finding the best Workers Compensation lawyers in Melbourne At Arnold Thomas & Becker you will find a team of highly experienced, dedicated, personal injury lawyers in Melbourne who know what it takes to win cases, which is exactly what we have been doing for over 50 years. We know that suffering an injury at work can have a catastrophic effect on your health, emotional well-being, quality of life and financial security. We also know that dealing with large government agencies can be challenging, which is not what you need when you should be focusing on your recovery. With Arnold Thomas & Becker WorkCover lawyers on your side, you can be sure you will get the maximum compensation you are entitled to, including lump sums, medical expenses and weekly payments. Let us eliminate the stress and frustration while you get better. How do we help you? We don’t just look at your condition but the total effect it has had on your life, including related health issues and complications. We ask lots of questions. We get to know the whole person. Only then, can we fight for the full compensation you deserve. When you need WorkCover lawyers who strive for nothing short of excellence, come and talk to us. No win, no fee – that’s our WorkCover lawyers’ promise to you The legal system can be expensive, but that shouldn’t mean people should be locked out of getting the outcomes, benefits or justice they deserve. At Arnold, Thomas and Becker Lawyers, our WorkCover pre-existing injury lawyers also offer true, 100 percent no win no pay fee policies, unlike some other firms. If you have a legitimate case for receiving benefits, you will not be billed for our time or any other fees unless there is a positive outcome in your favour. Everyone deserves their day in court and we want to ensure that anyone that has been injured or otherwise wronged has the opportunity to access the support they are entitled to. Superannuation claims for injury and illness Major injuries, illnesses and conditions can be a real challenge in our lives. Aside from the obvious pain and discomfort, we have to contend with not being able to work, potentially modifications to our homes and vehicles and other large-scale disruptions to our lives. Many people are not aware that there is legislation that allows us to tap into our superannuation to help cover for these circumstances including insurance like Income Protection (IP) and Total and Permanent Disablement (TPD) benefits. Speak to our expert team of superannuation lawyers about your rights and we can get the wheels in motion to make a claim for you. Road accidents Car accidents can cause all sorts of trauma, including injuries, vehicle damage or destruction, property damage or destruction, loss of ability to work and much more. Fortunately, Transport Accident Commission (TAC) provisions mean you can be eligible for compensation even if you caused the accident. Speak to our team and we will assist you with claims for medical expenses, lost wages and other lump sum amounts to assist you in your recovery. For more information on our WorkCover lawyers, or any of our other legal services including superannuation and road accident claims, call into one of our offices in Melbourne or phone us on 03 9626 9541. Client success stories Our clients share their successful compensation stories after coming to Arnold Thomas & Becker for help pursuing their WorkCover claims: A life changing fall: Ricardo’s story The dangers of asbestos: David’s story Former graffiti removalist receives compo payout from council contractor Workers Compensation FAQs What makes Arnold Thomas & Becker the ideal law firm for a Workers Compensation case? Our firm specialises in personal injury compensation, which has been our focus for over 50 years. What will this cost me? We offer a ‘no win no fee’ policy and fund our clients’ claims with no interest. This means if we do not win your case, there will not be out-of-pocket expenses for you. Our ‘no win, no fee’ structure is in place to provide a no-risk situation for our clients. Can we claim on behalf of a deceased family member? The executor of the estate of a deceased worker may be able to make a claim for some types of compensation to which the deceased may have been entitled. Partners or children of a deceased worker who were dependent on the earnings of the worker may be able to claim compensation for themselves. Is everyone eligible to make a common law claim? If you were injured at work, in many cases you may be able to sue your employer or another party for damages under a common law claim. If you are injured while on the job you have the right to receive compensation. Typically this would involve making a WorkCover claim. However, depending on the circumstances of your accident or illness you may be able to make a common law claim as well as a WorkCover claim. More information can be found on our Common Law page. What will be required from me during this process? Arnold Thomas & Becker work to make this complicated situation much simpler for you. We will visit you at home or the hospital, or via video call if you are too unwell to travel. Are contractors entitled to workers’ compensation? People working under a contract for service may in fact be workers as defined by the legislation and/or at common law. Compensation entitlements can apply to those working as contractors during and for the purposes of a trade or business carried out by another person or entity. Can I claim workers’ compensation if I have a pre-existing injury? Yes. An injury can be completely new, or a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease. It does not matter whether the pre-existing injury or disease was work-related or not. Does WorkCover cover travel to and from, or for, work? Not usually. Such incidents would be covered by the TAC scheme. However, you may be able to lodge a journey WorkCover claim if you are travelling for the purposes of your employment. Can you claim workers compensation after resignation or termination? Although a WorkCover claim is required to be lodged whilst a worker is still employed by an employer, it may be possible to lodge a claim even after the worker has resigned or been terminated from employment. Can you work a second job while on workers’ compensation? It is possible to work whilst receiving weekly payments of compensation, but in most cases the amount earned by doing so will reduce the weekly payment. Does workers’ compensation end at 65? No. Weekly payments of Compensation will not be paid after a worker reaches retirement age. Retirement age depends on the date of birth of the individual. However, there are significant rights available for payment of other types of WorkCover compensation beyond retirement age. This includes compensation for medical expenses, but also for payments of lump sum compensation that in most cases can be obtained quickly and without the need to go to Court. In fact, in most cases it is never too late to see if a worker can obtain lump sum compensation, even after retirement. Can an employer deny the lodgement of a workers’ compensation claim? Can I be fired for lodging one? An employer does not have the right to deny the lodgement of a workers compensation claim, and they cannot fire a worker for lodging one. In fact, they have a duty to pass on a workers compensation claim to the appropriate body. How do I dispute decisions I disagree with? If you disagree with a decision made by a WorkCover insurer, you can refer the matter for conciliation which will be conducted by the Workplace Injury Commission. How long does the insurer have to approve treatment (surgery, medication, physiotherapy)? There is no time limit within which a decision has to be made for the approval of funding for treatment, but we recommend that, if there is no response for approval of such funding within two weeks of making the request for funding, or if the request is denied, an application for conciliation be lodged with the Workplace Injury Commission. How long do weekly payments go for? In most cases a worker will have an entitlement to weekly payments for up to 130 weeks if you have an incapacity to return to pre-injury duties. In some cases, weekly payments can continue until retirement age. In limited circumstances, an older worker may also have an entitlement to weekly payments after retirement age. Why aren’t I getting superannuation? Under the WorkCover scheme, you’re entitled to superannuation if you’re in receipt of weekly payments for more than 52 weeks.