Workers Compensation Lawyers

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.

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.

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 of 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 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.

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.

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.

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.

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.