What to expect during the Australian workers compensation claim process

This article outlines the common mistakes you will need to avoid when seeking compensation for a workplace injury, the kind of compensatory claims that may be available to you, the types of injuries covered by these claims and how long it may take for your case to resolve fully.

Have you been injured at work and not sure what to do next? Are you searching for legal advice regarding your Victorian workers compensation claim? At Gordon Legal, our experienced no-win, no-fee workplace injury team will listen to your experiences and assist you with managing your claim, so you can improve your chances of maximising your settlement amount. Call us on (03) 9603 3000 or contact us by completing an enquiry form to arrange an obligation-free consultation with a member of our friendly team today!

What mistakes should I avoid when filing a compensation claim in Australia?

Lodging a compensation claim can be stressful, and mistakes can be easy to make. When beginning your claim, you should make sure you avoid:

• Not reporting the injury to your employer. For your WorkCover claim to succeed, you will need your employer to complete their injury report form. You must do this within 30 days of discovering your injury.
• Not seeking medical attention. Make sure you promptly seek medical treatment following your injury. A certificate of capacity from a medical professional and accurate records are often crucial pieces of evidence for successful compensation claims.
• Delaying your claim. In Victoria, strict time limits apply to lodging a WorkCover compensation claim. You must lodge your claim within 30 days of realising you have sustained an injury and that it is related to your workplace.
• Accepting a settlement without seeking legal advice. WorkSafe or your insurer may offer you a settlement. However, this settlement may not reflect your full entitlements and could be lower than you deserve.

At Gordon Legal, our workers compensation team is incredibly experienced in handling all aspects of the WorkCover system. We will ensure that common mistakes like these don’t occur and affect your claim.

What’s the difference between workers’ compensation and public liability claims?

It is important to understand which kind of personal injury claim you should pursue:

• A workers compensation claim covers employees who have been injured in the course of their employment. Usually, these claims begin with an application to State-operated insurance schemes like WorkSafe Victoria. The compensation includes payments for medical expenses, weekly wage coverage, and potential lump sum compensation.
• A public liability claim relates to circumstances where someone gets injured in a public or private setting due to the negligence of another party. For example, this is the claim you would pursue if you slipped and fell at the supermarket. This is a personal injury claim pursued through the Courts.

We offer public liability and workers compensation assistance on a no-win, no-fee basis, so if you are unsure what category your circumstances fall into, contact a member of our friendly legal team on (03) 9603 3000 today!

Can I claim compensation if someone else’s negligence caused my injury?

Yes. If your work-related injury resulted from your employer’s negligence, you may be entitled to further lump sum compensation. If negligence can be established, a common law claim for damages may be available.

To prove negligence, you need to establish that:

• Your employer owed you a duty of care.
• They breached this duty.
• That breach caused your injury.

If you believe your employer’s negligence caused your injury, it is essential that you get in contact with a member of our highly experienced workers compensation team. Our expert workplace injury team is ready to listen to your story and help you construct a strong compensation claim.

What types of injuries can I claim compensation for in Australia

WorkCover compensation claims cover a wide range of injuries and conditions, including:

• Physical injuries. For example, broken bones, back injuries and soft tissue injuries are all covered by WorkCover.
• Psychological injuries. These can include work-related anxiety conditions, PTSD or depressive disorders.
• Occupational diseases or conditions. WorkCover claims can cover long-term exposure diseases, such as silicosis, and occupational conditions, such as industrial hearing loss.
• The aggravation of pre-existing injuries. If your employment worsens an existing injury or condition, you may still be able to lodge a workplace injury claim.

If you are unsure if your injury falls within one of these categories, reach out to a member of our legal team on (03) 9603 3000 or by completing an online claim form, who will be able to inform you of your legal rights under Victoria’s WorkCover scheme.

How long does it take to process a compensation claim?

The deadline for WorkSafe to process a workplace injury compensation claim can vary and depends on several factors. These factors include your case’s complexity and the injuries’ severity.

However, generally:

• Following the lodgement of a WorkCover claim, WorkSafe must respond to you within 28 days. The claim is automatically deemed successful if they do not respond within that timeframe.
• WorkSafe may request further time to assess your claim and arrange an independent medical examination if they believe it is necessary.
• If you seek further lump sum compensation, WorkSafe has four months to process an impairment benefit claim.
• An additional common law claim for damages may take one to two years to fully resolve.

These timeframes can vary drastically. Therefore, we urge you to contact a member of our workplace injury team, who can listen to your unique circumstances and advise on how long the compensation process may take.

Have you suffered from a work-related injury and want to begin a compensation claim? At Gordon Legal, our experienced workers compensation team is ready to help. We understand that the management of work-related injuries can take an immense physical, emotional and financial toll on you and your family. We are ready to provide you with the legal support you need. Get in touch with a member of our experienced no-win, no-fee workplace injury team today and begin the compensation process!