A guide to the workers compensation claim system in Victoria

This article explains what to expect when beginning a workers compensation claim in Victoria, what kind of compensation you may be entitled to receive if your claim is successful, the requirements of a successful mental health compensation claim, key time limitations, how long it may take for your claim to be processed and what to do if WorkSafe rejects your claim.

Lodging a successful workers compensation claim in Victoria under WorkSafe can be a complex legal process. At Gordon Legal, our workplace injury team is ready to outline your legal rights under Victoria’s WorkCover system, listen to your story and provide expert legal advice tailored to your unique circumstances, all on a no-win, no-fee basis. Contact a member of our friendly team on (03) 9603 3000 or by completing an online claim form today!

How much will I get from my workers’ compensation claim?

The amount you may receive following a successful WorkCover claim largely depends on the severity of your injuries and how long you are incapable of working. Workers compensation entitlements generally fall within three main categories:

• 1. Weekly payments: If you cannot work or can only partially complete your employment obligations, a successful WorkCover claim will usually provide you with a percentage of your pre-injury average weekly earnings. The payment structure is usually:
  • 95% of your earnings for the first 13 weeks you are on WorkCover.
  • 80% of your earnings from weeks 14 to 130.
• 2. Medical expenses: These payments are intended to cover your medical treatment, medications and rehabilitation as you recover from your injury.
• 3. Lump sum compensation: If your injury is permanent, you may be entitled to an additional lump sum payout under an impairment benefit claim. If negligence was involved from your employer that caused your injury, you can also pursue a common law claim for damages once the impairment benefit claim process has concluded.

It is important to note that everyone’s circumstances are different, so it is strongly recommended that you speak to one of our experienced WorkCover lawyers so that they can explain what compensation you may be entitled to under Victoria’s WorkSafe system.

Can I claim for a mental health injury?

Yes, WorkCover does cover mental health injuries caused by your employment. Common conditions that WorkSafe covers include anxiety, depression and PTSD.

To claim lump sum compensation for a work-related psychological injury, the following requirements must be satisfied:

• You must have a diagnosed condition listed under the DSM-5.
• This condition must have been present for over 18 months.
• You must have been off work for at least 24 months and remain unfit to return to work.

The following additional requirements may also be necessary:

• That you are taking daily medication to treat your condition.
• You are receiving a Disability Support Pension or a participant of the NDIS.
• You have one or multiple in-patient stays.

Identifying whether you have a viable WorkCover claim as the result of a mental health injury can be incredibly complex. If you are unsure whether you meet these requirements, get in contact with one of our skilled workers compensation lawyers on (03) 9603 3000 or by completing an online enquiry form.

What is the deadline to file a workers’ compensation claim?

For your WorkCover claim to be successful, it must adhere to the strict deadlines imposed by WorkSafe. In Victoria, you must:

• Report your injury to your employer within 30 days of becoming aware of it. This is because your employer must complete their own injury report form.
• Lodge your WorkCover claim as soon as is reasonably possible after your injury. There is no fixed time limitation to lodge the claim, but any delay can affect its success.
• You have up to six months to begin claiming your medical expenses from the date of your injury.

In the case of psychological injuries or cumulative injuries, these time limits begin once you have become aware of the injury and its connection to your employment.

The team at Gordon Legal is incredibly experienced with managing these deadlines and time limitations, so get in touch with us today to be confident that your claim is being managed correctly.

What if my workers’ compensation claim is denied?

If your workers compensation claim is denied, you still have options to request a reconsideration:

• You can request a review of the decision through WorkSafe’s internal process.
• You can formally request conciliation with WorkSafe and the insurer through the Workplace Injury Commission.

If, after conciliation, WorkSafe overturns its original decision and approves your claim, the workplace injury team at Gordon Legal is ready to help you manage your claim as you pursue further compensation.

How long does it take to process a workers compensation claim?

Once you’ve submitted your workers compensation claim with WorkSafe, they must decide within 28 days. If they do not respond within this timeframe, the claim is automatically treated as being accepted.

If accepted, your weekly payments and medical expense coverage will begin shortly after. You will then be able to lodge a claim for further lump sum compensation.

If the claim is disputed or delayed, WorkSafe may contact you to request more information or arrange an independent medical examination. This may extend the 28-day window they usually have to accept or reject your claim.

If your claim has been rejected and you have decided to go to conciliation, a conference will usually be arranged within 40 to 50 days of receiving the request.

These timeframes can be confusing. Therefore, it is important that you reach out to a member of our dedicated team to arrange a free consultation!

Are you looking to begin lodging a worker’s compensation claim? The workers compensation team at Gordon Legal is ready to listen, advise, and assist you in managing your workplace injury compensation claim. Call us on (03) 9603 3000 or complete an online claim form to learn about your rights, entitlements and legal options today!