Workers Compensation Lawyers

Gordon Legal has experienced Workers Compensation Lawyers in Melbourne, Geelong, Sydney and Dubbo.

After suffering a workplace injury, your life can be turned upside down in many ways. Everybody has the right to expect that safety and health are a top priority at work.

If you have been injured in the workplace or as a result of your work, you may be entitled to claim for compensation for your pain and suffering, loss of income, medical expenses and more.

We understand that undergoing a workers’ compensation claims process can seem daunting or overwhelming. Our expert workers’ compensation lawyers specialise in this area of the law and are familiar with the landscape.

We also offer our legal services in this area on a No-Win No-Fee basis, so you can focus on your health and recovery and what matters most to you.

How we can help you:

If you have been injured at work or become sick because of your job, our expert lawyers can help you access compensation, on a no win, no fee basis. That means no stress or burden of up-front legal fees to worry about.

Why trust us to help you?

Our principal lawyer Rachel Schutze talks about why every case is personal.

What type of compensation am I entitled to?

WorkCover provides insurance coverage for all employees in Victoria, so you don’t need special insurance or private arrangements to access this safety net.

WorkCover claims can involve different kinds of compensation, depending on the circumstances of the accident or injury. This could mean:

  • Weekly payments (a percentage of your regular wages if you are unable to work)
  • Medical and related expenses
  • Lump sum benefit for permanent impairment
  • Pain and suffering damages
  • Loss of wages
  • A death benefit/dependency claim.

Some compensation in the WorkCover system can be accessed on a no-fault basis, so it doesn’t matter who caused or contributed to the accident or injury.

Your employer has a duty of care to provide you with a safe workplace. If this has been breached, and you have sustained a serious injury or illness, you could be entitled to seek compensation for your pain and suffering and loss of income.

You can read our lawyer, Rachel Schutze explaining some of the myths surrounding the WorkCover system.

If you would like to download a WorkCover claim form click here.

What kind of injuries are covered?

Some of the most common injuries we see are from lifting, bending, twisting or manual handling. All workplace injuries are different, and they don’t always happen in an instant. Many workers become injured over a prolonged period of time.

This includes both physical and psychological injuries.

 

For us every case is personal.

Our Workers' Compensation lawyers have decades of experience in handling difficult cases and understand the unique ins and outs of WorkCover claims.

We understand that Workplace accidents can be deeply traumatic and stressful events, which is why we strive to ease your burden by making the legal process as simple as possible for you.

No Win No Fee for Workers' Compensation Claims

We understand that a workplace accident or injury is stressful enough without adding the burden of legal fees.

We can help you get compensation for your workplace accident or injury on a No-Win No-Fee basis.

Put simply, unless your case is successful you won’t have to worry about payment.

Chat to one of our Workers’ Compensation lawyers today in Melbourne, Sydney, Geelong or Dubbo on 03 9603 3000

FAQs:

What is workers’ compensation?

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.

Who qualifies for workers’ compensation?

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.

Does workers’ compensation pay full salary?

No. If a worker is unfit to perform the job that they were doing at the time of their injury (their “pre-injury earnings”), 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:

  • First the first 13 weeks of incapacity to perform their pre-injury duties, a worker is entitled to be paid at a rate of 95 percent of the earnings prior to their injury. This is referred to as a worker’s PIAWE (pre-injury average weekly earnings).
  • From weeks 14 to 130 of incapacity to perform their pre-injury duties, a worker is entitled to be paid at a rate of 80 percent of their PIAWE.
  • For the first 52 weeks of a worker’s entitlement to weekly payments, the calculation of their payment rate will include any regular overtime and shift allowance that they performed in the 52 weeks prior to their injury.

A worker’s entitlement to weekly payments only continues beyond 130 weeks in limited circumstances.

How do I get workers’ compensation insurance?

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.

Is superannuation paid on workers’ compensation?

Superannuation is paid to injured workers only after they have been receiving weekly payments of a period of 52 weeks. The superannuation is calculated on the amount of weekly payments that the worker receives from week 53 onwards.

How do I get compensation for work injury?

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 the relevant workers’ compensation insurer within 10 days. Within the first 28 days, the insurer must provide a written response to the injured worker, either accepting or rejecting their claim.

How do I understand cost agreements with workers’ compensation lawyers?

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.

How long do I have to report to WorkCover after my accident/injury?

If you suffer an injury or accident at work, you must report the injury to your employer within 30 days and you should lodge your WorkCover claim as soon as practicable after your injury. We can assist you with this.

What happens if I’m unhappy with the insurer’s decision?

If the WorkCover insurer makes a decision that you do not agree with, you are entitled to dispute that decision by lodging a Request for Conciliation within 60 days of the date of the decision. Our expert workers’ compensation lawyers can assist you with this process.

What if my accident/injury is outside the time frame?

A common law claim for damages must be brought within 6 years of the date of injury. In some circumstances, the time limits can be extended, so it is important to obtain legal advice as soon as possible.

The above information is related to claims in Victoria. For claims outside the state, please contact our office for specific information as potential claims and time frames vary from state to state.

What to do if this information applies to you

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.

Please call Gordon Legal on (03) 9603 3000 or our Geelong office on 03 5225 1600 to speak with a member of our team.

Given the current environment, we are providing consultations over the phone, Zoom, WebEx or Skype.

Workers compensation experts

Rachel Schutze
Rachel Schutze
Principal Lawyer
Rachel Schutze
Principal Lawyer

Rachel is one of Victoria’s leading plaintiff personal injury lawyers. She has achieved significant financial outcomes for plaintiffs in WorkCover actions, and is also experienced in acting for people with injuries that occur in public places or on private property, as well as general insurance claims.
 
Rachel holds a Masters of Law.  She has a personal and professional commitment to South West Victoria, has served on community Boards for more than a decade and understands the legal needs of injured people.

Rachel is a regular contributor to her hometown paper, the Geelong Advertiser and has been listed by the prestigious Doyle's Guide Awards 2018 as a leading lawyer in WorkCover and Public Liability.

Jenny Forti
Jenny Forti
Principal Lawyer
Jenny Forti
Principal Lawyer

Jenny is an accredited specialist in personal injury law. She is dedicated to representing injured people in their fight to access compensation.

Jenny is committed to upholding the values of the union movement and applies her legal skills to the wider community through her role as a volunteer lawyer at West Justice.


In December 2018, Jenny was appointed to the Western Health Foundation Board. She is a passionate supporter of the mighty Western Bulldogs.

Anastasia Eleftheriou
Anastasia Eleftheriou
Principal Lawyer
Anastasia Eleftheriou
Principal Lawyer

Anastasia is an accredited specialist in personal injury law. She has 10 years’ experience in Workers’ Compensation fighting for the rights of injured workers against large companies and insurers. She has also acted for people injured in motor vehicle accidents as well as in public and private premises.
 
Anastasia has served as a committee member of the Victorian Branch for the Australian Lawyers Alliance.

Victoria Keays
Victoria Keays
Principal Lawyer
Victoria Keays
Principal Lawyer

Victoria is an accredited specialist in personal injury law with a particular interest in asbestos litigation. Victoria has over 10 years’ experience in representing those suffering from all forms of asbestos diseases; including mesothelioma, lung cancer, asbestosis and asbestos related pleural disease. Victoria is also passionate about achieving compensation for those afflicted by other occupational diseases, such as silicosis and occupational lung cancer.

Victoria has represented clients in a number of jurisdictions around Australia and has been recognised by Doyle’s Guide as a leading lawyer in the area of Dust Diseases.

Sheri Carolan
Sheri Carolan
Principal Lawyer
Sheri Carolan
Principal Lawyer

Sheri is an Accredited Specialist in personal injury law, with particular expertise in medical negligence, civil liability and workers compensation claims. She has experience acting in complex claims for seriously injured people across various areas of personal injury law. Sheri brings a strong understanding of regional NSW, hailing from Dubbo where she remains an active member of the community. She has won a number of professional awards, including the NSW Young Business Executive of the Year in 2017.

Tess Dickie
Tess Dickie
Senior Associate
Tess Dickie
Senior Associate

Tess Dickie is an experienced personal injury lawyer with a background in Asbestos and Dust Diseases and WorkCover litigation. She is passionate about fighting for the right compensation for sufferers of asbestos and dust diseases including mesothelioma, lung cancer, asbestosis, asbestos related pleural disease and silicosis.

Tess also has a particular interest in the emerging area of WorkCover compensation claims for sufferers of non-asbestos occupational diseases and cancers, having secured compensation for workers with silicosis, lung cancer, asthma, byssinosis and leukaemia. Tess’s combined experience in WorkCover and lung disease compensation makes her the optimal choice of lawyer for silicosis claims under the Victorian WorkCover scheme.

Tess joined Gordon Legal in 2019, having worked in plaintiff personal injury law for almost 10 years.

Tess is a member of the Law Institute of Victoria, Australian Lawyers Association, the Mornington Peninsula Lawyers Association and Asbestos Council of Victoria/GARDS.

Kara Young
Lawyer

Kara is our newest member of the Gordon Legal team. She has been working in the personal injury area for over 2 years, assisting clients from their first point of contact. Her empathetic nature combined with her interest in people and her legal background makes her the perfect person to assist and understand our clients’ needs. Kara has a strong commitment to her community and has volunteered in a legal capacity with a number of organisations over the last 5 years.

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