An explanation of Workcover time limitations.

Summary

This article outlines the conditions an old injury claim must satisfy to be accepted, what medical evidence you may need to support your claim, how a workers compensation lawyer can help you, how to lodge a claim for a pre-existing injury and what to do if WorkSafe Victoria rejects your claim.

Do you have an old work-related injury that has only recently begun affecting you? Have symptoms of a previous injury only recently started manifesting? If this is the case, you may still be eligible to lodge a WorkCover claim. Victorian workers compensation laws allow for claims to be brought forward by individuals if they have aggravated a pre-existing injury at work. However, determining whether you have a viable claim can be a complex legal process, so contact one of our specialist workers compensation lawyers on (03) 9603 3000 or fill out an online enquiry form here.

Can I Claim WorkCover If My Injury Showed Up Later?

If symptoms of your injury develop long after the workplace accident, you may still have a viable WorkCover claim. The typical statute of limitations period for a WorkCover claim is six months and a personal injury claim for damages is three years. However, if you were unaware you were injured at work, your symptoms have only recently begun to manifest and only recently received a medical diagnosis, which confirmed the injury was related to your work. If this is the case, contacting a member of our team is essential as your claim may still be viable.

It is also important to note that you can still lodge a WorkCover claim if you have aggravated a pre-existing injury at work. Furthermore, if you have suffered from an injury which has gradually worsened over time, such as a repetitive strain injury, a back injury or a psychological injury, you may also still have a valid WorkCover claim. In these circumstances, you should either call a member of our experienced workers compensation team on (03) 9603 3000 or fill out an online enquiry form so your eligibility can be assessed.

Do I Need A Doctor’s Report For An Old Injury Claim?

Both medical records and an accurate current diagnosis are essential for a successful injury claim, especially when the injury occurred in the past. These records may confirm that your injury is work-related, explain why the symptoms of this injury remained undeveloped, and provide your workplace injury lawyer with the necessary medical history to support your WorkCover claim.

When preparing a claim, you will need access to medical information such as:

• A certificate of capacity from your doctor explaining your injury.
• Past medical records explaining any pre-existing conditions you may have that are relevant to your injury.
• Medical evidence which outlines the deterioration of your physical or mental condition.

Without these records, your claim may be rejected by WorkCover. At Gordon Legal, our expert personal injury lawyers are ready to explain what medical evidence is required for your claim and assist with collecting these records.

How Can I Get Legal Help With An Old Injury Claim?

Lodging a successful WorkCover claim for an old injury can be a complicated legal process. Therefore, if you require legal help with determining the viability of your claim, it is essential that you contact our WorkCover team to make a free appointment to discuss your legal rights and options.

Our workplace injury lawyers can:

• Determine whether your claim is valid.
• Help collect the necessary medical evidence.
• Negotiate your claim with WorkSafe and your insurer on your behalf.
• Advocate for you if WorkSafe rejects your claim.

If you are unsure about your eligibility for a WorkCover claim because your injury is old, contact Gordon Legal to arrange a free consultation today.

What Are The Steps To Claim WorkCover For A Pre-Existing Injury?

If you believe you have aggravated a pre-existing condition at work, you may have a valid WorkCover claim. These are some of the steps you will need to take when lodging this claim:

• You will need to see a doctor to receive a certificate of capacity, which will confirm your diagnosis and outline your incapacity to work.
• You must notify your current employer that you are lodging a WorkCover claim, even if your injury occurred years ago. This is so they can complete the forms required of them by WorkSafe.
• You must complete a worker’s injury claim form via WorkSafe’s website.
• You will need to provide WorkSafe with any relevant medical information they request.

Our workers’ compensation team is incredibly experienced with this process and is happy to explain each step in further detail, so contact us at (03) 9603 3000 or get in touch online today.

How Do I Appeal A Rejected WorkCover Claim?

If your WorkCover claim is initially rejected, you can appeal this decision and apply for conciliation. To do so, you must:

• Formally request WorkSafe review the decision.
• Apply for conciliation through the Workplace Injury Commission.

We understand that applying for conciliation can be a confronting process. However, seeking legal advice can make the experience less challenging. By getting in touch with a Gordon Legal personal injury lawyer, you will ensure that your rejected claim has the best chance of being overturned and accepted.

If you are considering lodging a WorkCover to get compensation for an old injury, we urge you to either call us on (03) 9603 3000 or complete an online enquiry form so a free consultation can be arranged and the viability of your claim can be evaluated by an expert workers compensation lawyer today!