How to Calculate Remuneration for Workers Compensation

Have you been injured at work? If so, you may be eligible for workers compensation, a payment made to employees who have been injured or become sick as a result of their workplace or working conditions.

Workers compensation can help to cover your wages while you are unable to work, as well as the costs of medical expenses and rehabilitation. Your employer is mandated by law to have workers compensation insurance, covering both themselves and their employees in the event of an accident. 

Arnold Thomas & Becker are the experts in helping those who are injured at work in Victoria to claim the compensation they are entitled to under the Victorian WorkCover system. It is important to note that even if the accident was your fault, you are still able to claim, with compensation available to full-time, part-time and casual workers. Self-employed contractors, owner-drivers and incorporated small business owners may also be able to receive compensation.

Read on for information on how to make a WorkCover claim in Victoria and a rough guide of how much you may be entitled to.

How do I claim workers compensation?

If you are injured at work, the first step is reporting your injury to your employer as soon as possible, certainly within 30 days of your accident. To make a WorkCover claim in Victoria for lost wages or medical expenses you will be required to complete a Worker’s Injury Claim Form which will need to be submitted to your employer along with a Certificate of Capacity which will be provided to you by your doctor. 

Along with this, we recommend contacting one of our compensation lawyers as WorkCover will not provide you with independent legal advice in relation to your claim. This often means that WorkCover may not pay the maximum amount you are entitled to. An experienced injury lawyer can help ensure you receive the full amount for weekly payments or medical expenses that you deserve.

What happens if your claim is rejected?

If your claim is refused, you can refer the dispute to the Accident Compensation and Conciliation Service (ACCS) for workers compensation. This service is free and eligible for access within 60 days from the referral of your dispute with extension times available if necessary. 

If the claim is still not resolved, one of our compensation lawyers can assess the viability of taking the matter to court on your behalf. We take a deep dive into your situation to truly understand the real effects of the injury on your life, assessing how likely a successful outcome in court will be. All of this is done at no cost to you thanks to our no win no fee policy.

How much will I be entitled to?

Statutory time limits apply to the weekly payments you are entitled to while you’re unable to work. For example, payments are at their highest during the first 13 weeks, after which most employees return to work in some capacity.

Weekly payments will be calculated on the average of your earnings from the year prior to your accident. For those who have been working for their employer for less than one year, the calculation is based on total time employed by the company.

The payments will vary with every case, and the calculation will take into account:

  • Base rate of pay
  • Overtime
  • Shift allowances and piece rates
  • Commissions
  • Non-financial benefits such as motor vehicle, accommodation, education fees and health insurance
  • Salary sacrifice
  • Annual or long service leave

Your current work capacity will also play a role in the amount of  workers compensation you are entitled to. Your doctor will provide a recommendation about when it is safe for you to return to work, even if you are performing different tasks or duties to your regular role.

Need help securing your compensation?

If you do find yourself in the unfortunate position of being injured at work, we strongly recommend speaking to one of our personal injury lawyers. It is our goal to not only consider your injuries but the total effect they have had on your life. This can include related health issues and further complications.

We ensure a complete understanding of your situation to acquire the full compensation you deserve. The decision is made easier by the fact that we operate on a no win no fee structure, so there is no financial burden on you whatsoever. Put one of our experienced WorkCover lawyers on your side today and protect your future. Call into one of our offices in Melbourne or phone us on 1300 333 300 where you will speak to a lawyer straight away.

  • Get in touch

  • If you’ve been injured at work we can help ensure you get the right legal advice and compensation. Speak to one of our lawyers straight away when you call 1300 333 300 or use the form below to request a call back.

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“I would like to say thank you to you and your team on behalf of my mother and me for the positive outcome for Mum’s case.

I know this hasn’t been a straightforward matter, and I appreciate all your efforts and communications over the past couple of years. There were times when I didn’t think we would get anywhere with it, but at least the compensation Mum received will help her out in her day to day life.

I would be more than happy to recommend any friends or relatives to your practice in the future and will contact you if we require your services again.

Once again, many thanks.”

Geraldine Zungia-Brant