Injured at work? WorkSafe Victoria claims
If you have been injured at work, or developed an illness or mental injury because of your work, you may be entitled to compensation through WorkSafe Victoria – the scheme most people still call “WorkCover”. Freadman Lawyers can help you make your claim, deal with the WorkSafe agent, and challenge decisions that are unfair.
What you may be entitled to
- Weekly payments – to replace part of your wages while you are unable to work, or can only work reduced hours.
- Medical and like expenses – reasonable costs of treatment such as doctors, specialists, hospital, physiotherapy, medication and travel to appointments.
- Impairment benefits – a lump sum if your injury leaves you with a permanent impairment that meets the required threshold.
- Common law damages – if your injury is a “serious injury” and was caused by your employer’s negligence, you may be able to claim further damages, including for pain and suffering and loss of earning capacity.
- Death benefits – payments to dependants and family members when a worker dies because of a work-related injury or illness.
Making a claim
- Tell your employer about your injury as soon as possible.
- See a doctor and ask for a WorkSafe certificate of capacity.
- Lodge a claim form with your employer, together with the certificate of capacity. Your employer passes it on to the WorkSafe agent, who decides whether to accept the claim.
- Keep records – copies of your claim, medical certificates, receipts and all letters from the agent.
Delays can affect your entitlements, so act quickly.
If your claim is rejected or your payments stop
WorkSafe agents can reject claims, refuse to pay for treatment, or stop weekly payments. Most decisions can be challenged – usually first through conciliation at the Workplace Injury Commission, and then in court if needed. Strict time limits apply to disputes, so get advice as soon as you receive a decision you disagree with.
Injured while driving for work?
If you were injured in a transport accident in the course of your work, you may have entitlements under both the WorkSafe and TAC schemes. We can work out which scheme applies and make sure you claim everything you are entitled to. More about accident claims.
How we help
- Advice on your entitlements under the WorkSafe scheme
- Help preparing and lodging your claim
- Dealing with the WorkSafe agent and your employer
- Challenging rejected claims and terminated payments
- Impairment benefit claims and serious injury and common law claims
Injured at work? Talk to us. Call 0439 048 741, email freadmanlaw@gmail.com or make an appointment for a free initial consultation.