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Gordon Legal has experienced Workers Compensation Lawyers in Melbourne and Geelong

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.

We're here to help

Get in touch with our team

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.

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 1300 57 25 18

FAQ

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.

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.

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.

Workers Compensation Experts

Why trust us to help you?

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

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.

How to get Started

Once you have contacted us, we will organise for you to speak with an experienced lawyer who will go the distance with you and your claim.

01
Contact Us

We will be in touch within 1 business day if you email. Or you can call 1300 59 95 17, 9am-5pm, Monday - Friday

02
Meet Us

We can assist you anywhere in Victoria and New South Wales. We can travel to you, or we can talk via Skype or over the phone.

03
Instruct us

We listen until we understand, and quickly provide the best advice so you can make a well-informed decision.

Enquire now 1300 59 95 17

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