Skip to content

Injured at Work? Here’s What You Need to Know

A work injury can be life-changing, whether from a sudden accident or repetitive strain. At Gordon Legal, our experienced workers compensation lawyers guide you through the claims process and fight for the support you deserve.

We assist with all types of injuries—from manual handling to psychological harm and occupational diseases—helping Victorians claim fair compensation under the WorkCover scheme.

Don’t wait—early legal advice can improve your outcome and protect your rights, no matter when your injury occurred. We’re here to help.

What are the most common injuries in the workplace?

Workplace injuries can differ widely depending on the industry, but the most frequently reported are musculoskeletal injuries. These involve damage to muscles, bones, ligaments, or tendons and account for around 90 percent of all injuries that result in a worker needing to take one week or more off work.

In addition to physical injuries, many workers also suffer from occupational diseases. Common examples include mental health conditions such as work-related stress, anxiety, and depression, as well as respiratory illnesses like silicosis and occupational lung cancer. These conditions are increasingly recognised in workers compensation claims and can have long-term health impacts if left untreated.

What are my rights if I get hurt on the job?

If you’ve been injured at work, you may be entitled to compensation through the WorkCover scheme. A successful WorkCover claim can give you access to a range of benefits, including:

  • Medical treatment and rehabilitation costs
  • Weekly compensation payments if you’re unable to perform your pre-injury duties
  • In some cases, lump sum compensation for permanent impairment

Once your WorkCover claim is accepted, your employer has a legal obligation to offer modified duties, if available, for up to 52 weeks. This helps support your safe return to work while you recover.

If you’re unsure about your rights or need help navigating the WorkCover system, speaking with a legal expert can ensure you receive the full compensation you’re entitled to.

Do I have to report my workplace injury immediately?

Yes. You should report your injury as soon as reasonably possible. This not only helps you access support quickly, but also ensures your claim isn’t delayed or disputed later on.

Once you lodge your completed claim form with your employer, they must forward it to the relevant WorkCover insurer within 10 days. The insurer then has 28 days to accept or reject your claim.

Learn about the compensation you may be entitled to

Workers’ compensation covers a wide range of injuries, including those from sudden accidents and those developing over time due to repetitive tasks like lifting or twisting. Injuries can be physical—such as back pain or repetitive strain—or psychological, including anxiety and depression.

No matter how your injury occurred, you may be entitled to compensation for medical costs, lost wages, and rehabilitation.

Can I make a claim while I’m still receiving treatment?

Absolutely. You do not need to be fully recovered or finished with treatment to lodge a claim. In fact, the sooner you begin the process, the better. You may be entitled to a range of support while you recover, including:

  • Weekly compensation payments (if you can’t return to work)
  • Medical and rehabilitation expenses
  • Lump sum compensation (for permanent injuries)
  • Compensation for pain and suffering
  • Lost wages
  • Dependency claims in the event of a work-related death

Your employer also has a legal obligation to offer modified duties (if available) for up to 52 weeks while you recover.

Can I claim workers’ compensation for negligence?

If you’ve been seriously injured at work, you may be able to sue your employer or another party for negligence — but first, your injury must meet the legal definition of a serious injury.

We understand that no two injuries are the same, and the impact can go far beyond the physical. A serious injury assessment looks at how your injury has affected your life as a whole — not just the medical treatment you’ve had, but also the treatment you may still need, and how your injury has impacted your ability to work, care for yourself, and carry out everyday activities.

We know this process can feel overwhelming. Getting legal advice early can help you understand your rights and guide you through the steps to make a common law claim for pain and suffering or lost income.

Seek legal advice before making any workplace injury claim

If you’ve been injured at work, getting legal advice early can make a big difference to the outcome of your workers compensation claim. Early guidance helps you understand your rights, gather the right evidence, and maximise the compensation you may be entitled to.

There are strict time limits for lodging certain types of claims, including common law claims for negligence. Speaking with a lawyer as soon as possible ensures you don’t miss important deadlines and preserves your right to access all available entitlements.

How do I make a workers’ compensation claim?

To access compensation for a work injury in Victoria, you need to lodge a Workers Injury Claim Form with your employer as soon as possible. Your employer must then forward the form to their workers compensation insurer within 10 days.

The insurer has 28 days to accept or reject your claim in writing.

If you’re seeking weekly payments because you can’t return to your normal duties, you’ll also need to submit a Certificate of Capacity from your GP, physiotherapist, or other healthcare provider.

Prepare for challenges like insurance company disputes

If your employer or their insurer disputes your claim, don’t panic—you still have options. Disputes can occur for many reasons, but they can be challenged with the help of a workers’ compensation lawyer.

At Gordon Legal, we’re experienced in helping workers whose claims have been denied or delayed. We can investigate the claim, gather supporting medical evidence, and represent you in any negotiations or hearings to protect your rights.

If you’ve suffered a serious injury, you may also be able to bring a negligence claim against your employer or another party. These claims can provide additional compensation for the long-term impact of your injury.

Does Gordon Legal handle other types of injury claims?

Yes. In addition to WorkCover claims, Gordon Legal represents clients in a wide range of personal injury matters, including:

  • Medical negligence
  • Dust diseases (like asbestos-related illness and silicosis)
  • Public liability
  • Transport accident injuries (TAC)

We understand how difficult it can be to navigate a legal claim while dealing with the physical, emotional, and financial impacts of an injury. Our team offers clear advice and personal support—every step of the way.

Need Help With a WorkCover Claim? Speak to a Workplace Injury Lawyer

Our expert WorkCover lawyers support injured workers with clear advice and strong representation. Whether your injury is physical or psychological, we’ll help you understand your rights, handle insurers, and pursue fair compensation.

Call 1300 58 46 26 for a free consultation. We offer No-Win No-Fee services and flexible meetings in person, by phone, or video. You don’t have to face this alone—let us help you get the support you deserve.

No win, no fee

Help when you need it most without the added stress of upfront legal fees engaging a
no win, no fee lawyer. When you need legal help, understandably, the first thing people often think is ‘can I afford it?’ To address this, our Senior Partner, Peter Gordon and Partner, Paul Henderson pioneered the ‘no win, no fee’ system to create greater access to the legal system.

CONTACT US

Get in touch

We are here to help

When you’re ready, give us a call or click on the button below to send us a message. It will go straight to a caring and committed member of our team who will contact you within 24 hours.

enquire-btnEnquire now phone-btn1800 21 22 23