Workers should be informed of their rights and how they can claim compensation in the case of work-related injuries. The guide below reflects the most up-to-date information on workers’ compensation in 2020, including how to submit a claim, and what workers’ rights are.
Workers’ compensation is a form of insurance that provides benefits to workers who suffer an injury or develop a medical condition in the course of, or as a result of, their employment.
These injuries might include suffering an injury at work on a specific day or developing a medical condition over a period of time due to the nature of the work performed.
Workers’ compensation is often referred to as WorkCover.
Workers’ compensation claims are managed by a number of insurance companies on behalf of the Victorian WorkCover Authority, also often referred to as WorkSafe.
In order to qualify for workers’ compensation, a worker must have suffered an injury which has occurred due to or in the course of their employment.
In short, no.
If a worker is unfit to perform the job that they were doing at the time of their injury (their “pre-injury duties”), they are entitled to receive a weekly payment.
Weekly payments are paid at a percentage of an injured worker’s income prior to their injury. The payment rates are as follows:
A worker’s entitlement to weekly payments only continues beyond 130 weeks in limited circumstances.
Workers’ compensation insurance is required to be taken out by the worker’s employer, not by the worker personally.
If a worker is self-employed, then it is a good idea to get advice from their accountant about insurance options.
Superannuation is paid to injured workers only after they have been receiving weekly payments for a period of 52 weeks. The superannuation is calculated on the amount of weekly payments that the worker receives from week 53 onwards.
Compensation for a work injury is accessed by lodging a Workers Injury Claim Form. An injured worker is required to lodge the claim form with their employer as soon as practicable after they have suffered their injury.
Once the employer has received the form, they must forward it on to their workers’ compensation insurer within 10 days. Within 28 days, the insurer must provide a written response to the injured worker, either accepting or rejecting their claim.
Under workers’ compensation, a worker can be entitled to the following compensation:
Gordon Legal acts for injured workers on a no win no fee basis under certain conditions. This means that an injured worker will not be charged for the legal work done on their case until the successful resolution of their claim.
At Gordon Legal, we understand that workers’ compensation claims are a personal issue.
For personalised and individual advice, we offer consultations to discuss your matter.
Given the current environment, we are providing consultations over the phone, Zoom, WebEx or Skype.