What you need to know about workers compensation claims in Victoria

If you’ve been injured at work, you may be able to pursue compensation through WorkSafe Victoria. This article explains the essential elements of a worker’s compensation claim, from whether you need a lawyer, the kind of evidence you will need to collect, how long the process takes, the common mistakes you should avoid making and what to do if your claim is rejected.

If you’ve suffered injuries from a workplace accident in Victoria, securing legal advice from an expert workers compensation lawyer is essential to maximising your chances of securing a fair settlement. Gordon Legal’s experienced no-win, no-fee WorkCover team is ready to listen to your story and provide actionable legal advice so you have the best chances of lodging a successful WorkCover claim. Contact us on (03) 9603 3000 or by completing an online enquiry form to begin the claims process today!

Do I need a lawyer to file a workplace accident claim in Victoria?

You do not need a lawyer to file a workplace accident with WorkSafe in Victoria. However, to progress an impairment benefit claim or a common law application for damages, you will need to consult a workers compensation lawyer due to the complexities of these claims. This is because understanding what compensation you are entitled to, communicating with your employer and negotiating with insurers can become overwhelming.

At Gordon Legal, our personal injury team can help you understand your rights and assist with lodging your lump sum compensation claims on a no-win, no-fee basis. Contact us on (03) 9603 3000 to arrange a free consultation, so you can begin the process of advancing your workplace accident claim.

What evidence should I gather for my workplace accident claim?

To strengthen your compensation claim, you should consider collecting evidence such as:

• An incident report which outlines how you injured yourself at work.
• Medical records that detail the injuries you have suffered as well as the rehabilitation and ongoing treatment you will require.
• If relevant, the contact information of witnesses who saw what occurred and can support your claim.
• A completed injury claim report from your employee. For your claim to be accepted by WorkSafe, they must complete this form.

By securing these various forms of evidence, you will improve your chances of WorkSafe accepting your WorkCover claim and increase the likelihood that you will be able to receive lump sum compensation. However, understanding what evidence may be relevant to your claim can be confusing, so contact a member of our friendly legal team today, who can advise you on how to lodge your WorkCover claim successfully.

What common mistakes should I avoid when filing a workplace accident claim?

Simple mistakes can often delay your WorkCover claim or even result in its denial by WorkSafe. However, these are some common issues that you should avoid when lodging your compensation claim:

• You should not avoid reporting the injury to your employer. For a WorkCover claim to be accepted, your employer will need to complete their own injury claim form. You should follow up with your employer to ensure they have completed the form.
• You should not delay lodging your WorkCover claim. Generally, you have 30 days to report the injury to your employer. You have up to six months from the date of the injury to claim medical expenses. Failure to follow these timelines can result in WorkSafe rejecting your claim.
• You should not avoid seeking medical treatment. A medical professional will be able to provide you with a Certificate of Capacity proving that you are unable to work, which is often essential for a WorkCover claim to be accepted.
• You should not delay in seeking legal advice. Once you have lodged your WorkCover claim, it is important you seek legal assistance on what your next steps are.

By contacting Gordon Legal’s workers compensation team, you will ensure that all of your compensation claims will be handled correctly and that these common mistakes will be avoided. To discover what you need to do to manage your WorkCover claim, contact us online or on (03) 9603 3000 today!

How long does it take to settle a workplace accident claim in Australia?

The timeline for resolving a workplace accident claim varies, as it depends on the complexity of the claim and the severity of your injuries.

Typically:

• WorkSafe endeavours to respond to WorkCover claims within 28 days of receipt.
• An impairment benefit claim has up to 120 days to consider your impairment benefit claim. This claim requires that your injury has stabilised, meaning that WorkSafe may decide to suspend your claim until this occurs.
• If a common law claim for damages is lodged, it may take one to three years to resolve fully. This timeline is highly variable depending on the circumstances of your injury.

Our team at Gordon Legal is dedicated to helping you resolve these claims as quickly as possible and remains committed to keeping you informed of your case every step of the way.

What should I do if my workplace accident claim is rejected?

If your WorkCover claim is rejected, you have several options to dispute this decision.

You can:

• Request that your insurer review the decision.
• Make an application to the Workplace Injury Commission for conciliation.

If your claim has been denied and you need to apply for conciliation, it is important that you reach out to a member of our expert team. Our team can advise you on how to handle this process on a no-win, no-fee basis.

Have you suffered an injury from a workplace injury and are unsure what steps to take next? The workers compensation team at Gordon Legal is ready to listen and advise you on what steps you should take next. Contact us on (03) 9603 3000 or by completing an online enquiry form to arrange an obligation-free consultation today!