WorkCover Claims
Melbourne Personal Injury Lawyers
If you are injured at work or suffer a work related illness you may be able to claim compensation from WorkSafe. You can make a claim for compensation whether you are a permanent or part-time employee, a causal employee or in many circumstances, a subcontractor.
The injury or illness must be work related. You may be able to claim compensation for illness or injury that occurred during a normal recess, such as a lunch break, or a coffee break. There must be a connection between your injury or illness and your employment for a claim to be made to WorkSafe.
WorkSafe compensation claims may also be made for the aggravation, recurrence, acceleration, exacerbation or deterioration of a pre-existing injury or illness.
If a work related injury or illness significantly contributes to a worker`s death than their dependents may be entitled to claim compensation.
Claims can be made for:
- Compensation in the form of weekly payments
- Compensation in the form of medical and other like expenses
- Compensation for the death of a worker
- Impairment benefits
How to make a WorkCover claim
- You must notify your employer within 30 days of the injury or illness occurring in writing. If you are unable to do this it is sufficient if a third person notifies them for you. This requirement is satisfied if you complete the Register of Injuries at your workplace within the 30 days.
- Your employer must then acknowledge you in writing that they have received notification of your injury or illness.
- Visit your doctor for treatment of your injury or illness and, if you cannot work as a result of your injury, get a WorkCover medical certificate.
- A claim for compensation should then be given or served on your employer.
- This includes: a completed WorkCover claim form, which are available from your employer, post office, Taylor & Preston Lawyers or your union, and a WorkCover medical certificate.
- Make sure you get your employer to sign the form and date it on the day you provide it to them.
- Keep copies for both the form and certificate for your own records.
- It is illegal for your employer to then terminate or threaten to terminate your employment, alter or threaten to alter your position or treat you less favourably then any other employer in relation to a promotion.
- If your employer cannot be located or refuses to accept your claim, the claim can then be
lodged with WorkSafe. Their head office is located at level 24, 222 Exhibition Street, Melbourne.
- You should lodge a copy of your claim regardless for your own security and peace of mind.
- Your employer is required to forward your claim to their insurer within ten days
- Their insurer must than make a decision about your WorkCover claim within 28 days.
What is covered by the compensation?
WorkCover compensation will cover all reasonable medical, hospital, nursing, personal and household, occupational, rehabilitation and ambulance services incurred because of your work related illness or injury.
Attendant care, home modifications, car modifications, home help and transport costs may also be covered as long as they are approved by WorkCover.
Costs associated with family counseling may be covered by WorkCover if the injury obtained is a `severe injury`.
What happens if you are not satisfied with the decision?
If you are not happy with the insurer`s decision this can be reviewed. The dispute is referred to the Accident Compensation Conciliation Service. This referral must normally be done within 60 days of the WorkCover decision. Taylor & Preston lawyers are available to help you with this process. If you are still not satisfied with the outcome of the conciliation you can pursue the matter in court. Taylor & Preston lawyers can advise you on the likelihood of success in these matters.
Common Law claims
You may also be able to make a common law claim against your employer in addition to a WorkCover compensation claim. You have 6 years from the date of your injury or illness to lodge a common law claim for compensation. You may make a claim for compensation regarding pain and suffering, loss of earnings and loss of enjoyment of life. Taylor & Preston Lawyers are available to provide you more information in regards to making a common law claim for compensation on a `No-Win, No-Fee` basis.
If you have been injured at work, or are suffering from a work-related illness,contact aMelbourne WorkCover Claims Lawyer as soon as possible. We will advise you about your legal rights and entitlements to a WorkCover compensation.
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