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Gordon Legal has experienced Workers Compensation Lawyers in Melbourne, Geelong and Dandenong.
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 compensation for your pain and suffering, loss of income, medical expenses and more.
We understand that undergoing a workers’ compensation claim 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 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.
A guide to lodging a negligence claim against your employer
This article outlines the requirements for a successful permanent disability claim through Victoria’s WorkCover insurance scheme. It explains how these claims are assessed, what affects their success, and the evidence required to support them.
Have you suffered an injury at work that has resulted in a permanent disability? The Gordon Legal dedicated WorkCover team is ready to listen and advise you on the best legal course of action for your circumstances so you can receive the best financial compensation possible. Contact our team on (03) 9603 3000 or by filing an online enquiry form today to arrange a free initial consultation!
How is a Permanent Disability Claim Assessed?
In Victoria, if a work-related injury or illness results in a permanent injury, you may be entitled to receive a lump sum payment called an impairment benefit. The application for this payment is made through WorkSafe’s WorkCover insurance scheme. This payment is separate from the compensation you may receive for lost wages or medical expenses. To be eligible for this payment, specific requirements must be met. For example, you may have suffered a permanent impairment such as an amputated finger, a spinal cord injury or the loss of function in a joint such as the shoulder.
Eligibility is determined by an assessment process involving an independent medical examination arranged by WorkCover. Their eligibility criteria include:
- Whether the condition is unlikely to improve further.
- If the impairment was caused by work.
- Are there any pre-existing conditions that may have contributed to the impairment?
WorkSafe utilises the American Medical Association’s Guides to the Evaluation of Permanent Impairment to grade the permanency of the impairment. These are complicated legal and medical processes. However, our workplace accident lawyers are ready to provide tailored advice to your circumstances and counsel you on your chances for a successful claim.
What’s the Difference Between Temporary and Permanent Disability Claims?
There is a significant difference between these two types of claims:
- A temporary disability claim relates to injuries that temporarily hinder a worker’s ability to perform their duties. Compensation generally includes coverage for lost weekly wages and medical expenses. Compensation does not include a lump sum payment. WorkSafe usually manages this kind of claim.
- A permanent disability or impairment benefit claim is an additional lump sum payment for an injury that is unlikely to improve, and the worker’s impairment is ongoing.
Determining what kind of claim you might be able to lodge can be complex. Therefore, it is strongly recommended that you contact a member of our team today.
Can I Apply for a Permanent Disability Claim if I’m Already on Workers’ Compensation?
Yes, you can bring forward an additional claim for a permanent disability payment through WorkSafe even if you are already on workers’ compensation. In fact, a successful workers’ compensation claim is required for lodging a successful impairment benefit claim. This payment is a one-off lump sum payout that is separate from any compensation you may receive for lost weekly wages and medical expenses.
What Affects the Success of My Permanent Disability Claim?
Several factors can influence whether your impairment benefit claim will be successful:
- Permanence of impairment: Determining the extent and longevity of the injury is crucial. Eligibility requires certain impairment thresholds to be met, most notably the percentage of the individual’s whole-person impairment. The American Medical Association’s Guides to the Evaluation of Permanent Impairment grading system determines this percentage.
- Medical evidence: Extensive and accurate medical documentation is essential evidence in supporting a successful claim. This may include reports from your health insurer, records from your doctors and a completed report by an independent medical examiner.
- Timeframe: Your claim must be brought forward within WorkSafe’s limitation periods. Whilst this period can be extended in certain circumstances, the timeliness in which a claim is brought forward is a significant factor in whether your application for an impairment benefit will be successful.
- Legal representation: Engaging an experienced personal injury compensation lawyer will significantly enhance the likelihood that your impairment benefit claim will be successful.
Our WorkCover team at Gordon Legal is highly experienced in applying for impairment benefit claims and obtaining successful outcomes for our clients. We urge you to contact us at (03) 9603 3000 or submit an online enquiry form so you can discover what compensation you may be eligible for.
How Do I Prove My Disability is Permanent?
Determining the permanence of an injury takes several steps:
- Medical evaluation: You will be required to undergo several medical assessments to determine the permanence of your injury. You must receive an evaluation from your own medical practitioner. You will also be required to undergo an assessment from an independent medical examiner arranged by WorkSafe.
- Documentation: You must produce detailed evidence to support your claim. These include comprehensive medical records, including your medical history, and workplace incident reports.
- An accurate impairment rating: Your injury will be graded on the American Medical Association’s Guides to the Evaluation of Permanent Impairment scale. This is so the extent of the permanent impairment can be quantified. This rating is determined by a series of medical examinations and has set standards.
- Consistency of the injury: The records you will produce must demonstrate that the injury remains consistent and is ongoing. They will need to accurately reflect your medical condition and the fact that it significantly impacts your ability to work.
Arranging this many medical assessments and collecting this much evidence can be a complicated and time-consuming process. At Gordon Legal, our work accident lawyers are highly experienced with these kinds of claims and will be able to aid you through the process so that your claim has the highest chance of success.
Do you think you have suffered an injury at work that has permanently affected your future capacity to work? Our workplace injury team is ready to listen to your circumstances and advise you on your best course of action, which may include applying for an impairment benefit claim through WorkSafe Victoria. Contact us on (03) 9603 3000 or complete an online enquiry form to discover your legal options today!
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 on 1800 21 22 23
Frequently asked questions
Compensation Work Cover
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.
What our customers say
Gordon Legal was referred to my dad for a compensation claim. Tess came to my dads home and went through what the process would involve for him. She was very helpful with the explanations and what she thought could be achieved for him. She was always available for any questions Dad or myself had and nothing was ever a problem. We were also kept informed about how Dads claim was progressing. Dad and myself would have no problem recommending Tess and Gordon Legal to any one based on our experience.
Vikki
Recently, I was fortunate to be assisted in a personal injury claim by Arron Athanasi of Gordon Legal. His professionalism and commitment in pursuit of my claim, was second to none. His communication, patience and empathy, made my experience less stressful.
I would happily recommend Arron and the team at Gordon Legal.
Anne
I was fortunate enough to be referred to Gordon Legal for a compensation claim. All my dealings were with Robert Boz and I found him to be extremely helpful and knowledgeable. Robert is an excellent communicator, explained every step in detail that I could easily understand and was always prompt with any follow up.
For the fee I paid I feel I received real value for money and was very happy with the outcome. I would highly recommend Gordon Legal based on my experience.
Bruce
IT’S PERSONAL – and that’s exactly how Fiona Rothville handled my matter. When I was helpless and felt like giving up, Fiona stepped in, dug deep and supported me through a very stressful period in my life. Thank you Fiona, you truly went above and beyond in a time of need!
Jason
I’m writing this review on my husband’s behalf. He could not have been any happier with Gordon & Legal service providerd to him . They have been so thorough with his case and delivered really good results at the end of it . I would recommend them to anyone. Thank you Jenny and Sarah for the professional work and the outcome.
Vincenzina
I can not thank Robert and all at Gordon Legal enough for representing me on my recent issue. They have all been friendly, professional and extremely helpful on every level. When asking a question nothing was too silly or difficult, if they didn’t know they found out and returned with my query answered ASAP, nor did I ever feel rushed or a nuisance. Thank you so much again Robert, I’d recommend Gordon Legal in a heartbeat.
Judy
My experience with Gordon Legal has been nothing but exceptional. My workcover claim was handled by Tess Dickie, from the first time we spoke it was very clear she had a wealth of knowledge in regards to the workcover claims process.Any questions or concerns that I did have where answered and explained perfectly. I would highly recommend Gordon Legal and most definatly Tess Dickie. Many Thanks
Shaun
Very happy with Jenny Forti from Gordon Legal. From the first meeting she went above and beyond to help me with my case. Both her and Sarah worked extremely hard and were very thorough and thoughtful throughout the whole process. I would highly recommend Jenny to anyone.
Marc
I recently engaged Lawyer Jenny Forti from Gordon Legal to represent me for a workcover claim . Jenny is an excellent Lawyer , she is smart , compassionate, understanding but most of all Jenny works extremely hard to achieve every entitlement that your claim deserves . The two most important assets that Jenny imparts are genuine kindness and excellent legal advice. Jenny works with another coworker Sarah Coates- they are an awesome team as Sarah is one of the very best communicators that you could hope to meet – once again smart articulate and genuinely kind . I felt at all times through my claim that they had my best interests at hart and they achieved an excellent result – I feel extremely privileged to have had them as my representatives and cannot speak highly enough of their excellent service. Thank you very much
Marj
Gordon Legal was referred to my dad for a compensation claim. Tess came to my dads home and went through what the process would involve for him. She was very helpful with the explanations and what she thought could be achieved for him. She was always available for any questions Dad or myself had and nothing was ever a problem. We were also kept informed about how Dads claim was progressing. Dad and myself would have no problem recommending Tess and Gordon Legal to any one based on our experience.
Vikki
Recently, I was fortunate to be assisted in a personal injury claim by Arron Athanasi of Gordon Legal. His professionalism and commitment in pursuit of my claim, was second to none. His communication, patience and empathy, made my experience less stressful.
I would happily recommend Arron and the team at Gordon Legal.
Anne
I was fortunate enough to be referred to Gordon Legal for a compensation claim. All my dealings were with Robert Boz and I found him to be extremely helpful and knowledgeable. Robert is an excellent communicator, explained every step in detail that I could easily understand and was always prompt with any follow up.
For the fee I paid I feel I received real value for money and was very happy with the outcome. I would highly recommend Gordon Legal based on my experience.
Bruce
IT’S PERSONAL – and that’s exactly how Fiona Rothville handled my matter. When I was helpless and felt like giving up, Fiona stepped in, dug deep and supported me through a very stressful period in my life. Thank you Fiona, you truly went above and beyond in a time of need!
Jason
I’m writing this review on my husband’s behalf. He could not have been any happier with Gordon & Legal service providerd to him . They have been so thorough with his case and delivered really good results at the end of it . I would recommend them to anyone. Thank you Jenny and Sarah for the professional work and the outcome.
Vincenzina
I can not thank Robert and all at Gordon Legal enough for representing me on my recent issue. They have all been friendly, professional and extremely helpful on every level. When asking a question nothing was too silly or difficult, if they didn’t know they found out and returned with my query answered ASAP, nor did I ever feel rushed or a nuisance. Thank you so much again Robert, I’d recommend Gordon Legal in a heartbeat.
Judy
My experience with Gordon Legal has been nothing but exceptional. My workcover claim was handled by Tess Dickie, from the first time we spoke it was very clear she had a wealth of knowledge in regards to the workcover claims process.Any questions or concerns that I did have where answered and explained perfectly. I would highly recommend Gordon Legal and most definatly Tess Dickie. Many Thanks
Shaun
Very happy with Jenny Forti from Gordon Legal. From the first meeting she went above and beyond to help me with my case. Both her and Sarah worked extremely hard and were very thorough and thoughtful throughout the whole process. I would highly recommend Jenny to anyone.
Marc
I recently engaged Lawyer Jenny Forti from Gordon Legal to represent me for a workcover claim . Jenny is an excellent Lawyer , she is smart , compassionate, understanding but most of all Jenny works extremely hard to achieve every entitlement that your claim deserves . The two most important assets that Jenny imparts are genuine kindness and excellent legal advice. Jenny works with another coworker Sarah Coates- they are an awesome team as Sarah is one of the very best communicators that you could hope to meet – once again smart articulate and genuinely kind . I felt at all times through my claim that they had my best interests at hart and they achieved an excellent result – I feel extremely privileged to have had them as my representatives and cannot speak highly enough of their excellent service. Thank you very much
Marj
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