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WorkCover insurance is a legal requirement for most employers.

Workers’ compensation is a form of insurance that provides support to employees who are injured or become ill as a result of their work. In Victoria, this is managed through WorkCover, which is a legal requirement for most employers.

WorkCover insurance covers the cost of things like medical treatment, rehabilitation, and income replacement while you recover. It can also include lump sum compensation if your injury results in permanent impairment.

If you’ve been injured at work, you may be entitled to make a WorkCover claim. Contact Gordon Legal on 1300 59 95 17 to find out how we can help you get the support and compensation you deserve.

Gordon Legal helps you understand your rights under WorkCover.

Navigating a WorkCover claim can be overwhelming, especially when you’re focused on recovering from a workplace injury. At Gordon Legal, we’re here to make the process easier by helping you understand your rights, entitlements, and the steps involved in making a claim.

Whether you’re unsure if you’re eligible, struggling to access payments, or facing a dispute with your employer or insurer, our experienced team is here to support you every step of the way. Get in touch with us for clear advice and strong representation.

Our lawyers can determine whether your claim qualifies.

Not sure if you’re eligible for a WorkCover or personal injury claim? Our experienced lawyers can assess your situation and explain whether you have a valid case. We take the time to understand the details of your injury, how it occurred, and how it has impacted your life—so you can make an informed decision about your next steps.

Contact our team for legal advice on your WorkCover claim concerns.

If you’re dealing with a workplace injury and have questions about your WorkCover entitlements, time limits, or how to lodge a claim, we’re here to help. Our team of experienced lawyers can provide clear, practical advice tailored to your situation.

Don’t navigate the process alone—get in touch with Gordon Legal for trusted support and guidance.

What are my rights under workers’ compensation?

If you’re injured at work or become ill due to your job, you have the right to access workers’ compensation through WorkCover. This may include:

  • Medical and treatment costs
  • Weekly payments if you can’t work
  • Rehabilitation support to help you return to work
  • Lump sum compensation if your injury leads to permanent impairment

You also have the right to lodge a claim without being treated unfairly or dismissed for doing so.

If you’re unsure about your entitlements or feel your rights aren’t being respected, contact Gordon Legal for clear legal advice and support.

What isn’t covered by workers’ compensation?

While WorkCover provides support for many work-related injuries, it doesn’t cover everything. In Victoria, workers’ compensation generally does not apply if:

  • Your injury or illness didn’t occur at work or isn’t related to your work duties.
  • The incident happened in a non-work environment without a clear link to your employment.

If you were injured in a motor vehicle accident, you may be eligible for support under the TAC (Transport Accident Commission) scheme instead.
If your injury occurred in a public place or under different circumstances, you might still be able to make a public liability or other personal injury claim.

How do I check if my employer is registered for WorkCover?

In Victoria, most employers are legally required to register for WorkCover if they employ any workers. To check if your employer is registered:

  • Ask your employer directly – they should be able to confirm and provide their WorkCover insurer details.
  • Look at your payslip – WorkCover premiums may be listed.
  • Contact WorkSafe Victoria – they can confirm whether your employer has a current WorkCover policy.
  • Speak to a lawyer – if you suspect your employer isn’t complying with WorkCover obligations, contact Gordon Legal for advice on your options.

Even if your employer is not properly registered, you may still be eligible for compensation.

What penalties do employers face if they avoid WorkCover?

In Victoria, it is a legal requirement for most employers to register for WorkCover insurance if they employ any workers. Employers who fail to register or deliberately avoid paying WorkCover premiums can face serious penalties, including:

  • Fines of up to hundreds of thousands of dollars
  • Prosecution for breaching workplace laws
  • Back payment of unpaid premiums and interest
  • Being held personally liable for the full cost of an injured worker’s compensation

Avoiding WorkCover not only breaks the law but puts workers at risk of being left without vital medical and wage support after a workplace injury. If you suspect your employer isn’t meeting their legal obligations, contact Gordon Legal for advice on how to protect your rights.

Does WorkCover apply to casual or part-time workers?

Yes, WorkCover applies to casual, part-time, and full-time workers in Victoria. If you’re injured at work or become ill because of your job, you’re generally entitled to the same workers’ compensation rights—regardless of your employment status.

This includes access to medical treatment, wage replacement, and other support while you recover. Your entitlements may vary depending on how many hours you work and your average earnings, but your rights are still protected under WorkCover.

Does WorkCover cover psychological injuries?

Yes, WorkCover can cover psychological injuries that arise from your employment. This includes conditions such as anxiety, depression, PTSD, or other mental health issues caused by factors like workplace bullying, harassment, excessive stress, or traumatic events on the job.

To be eligible, you’ll need to show that your psychological condition was significantly caused by your work. Some exclusions may apply, such as injuries resulting from reasonable management action (like performance reviews or disciplinary procedures).

Who pays the compensation under WorkCover?

Under WorkCover in Victoria, compensation is paid by the employer’s WorkCover insurer, not directly by the employer. Employers are legally required to take out a WorkCover insurance policy, which is managed by authorised agents (such as Allianz, EML, or CGU) on behalf of WorkSafe Victoria.

Once your claim is accepted, the insurer is responsible for paying your medical costs, wage replacement, rehabilitation, and any lump sum compensation you’re entitled to.

Workers Compensation

FAQ

Workers compensation is a ‘no fault’ statutory scheme set up to ensure workers are not left without an income after they become sick or injured due to their work. Workers Compensation acts like a form of insurance, and can provide payments to employees in the form of:

  1. Wages while they are out of work;
  2. Medical expenses and costs toward rehabilitation;
  3. Legal costs; and/or
  4. Lump sum compensation if the worker suffers a serious injury.

Each state or territory has its own workers’ compensation scheme, and it is a mandatory requirement for employers to take out workers’ compensation insurance to cover themselves and their employees in the event of sickness or injury. Victoria’s system is called ‘WorkCover’, and is managed and overseen by Worksafe Victoria. Employees make an application to Worksafe once they become sick or injured, at or due to their work, to receive benefits.

In Victoria, if:

  • Your employer holds current WorkCover insurance, which they are required to;
  • You are an official employee of theirs; and
  • You are injured or become sick at or as a result of your work,

You can access WorkCover benefits. If you are injured at your workplace, you will need to report the incident with Worksafe by completing and sending them an incident notification form within 48 hours of the incident. You will also need to record any injury or illness you suffer in your employer’s register of injuries, so that it is properly recorded.

Lastly, in order to access weekly benefits under the WorkCover scheme, you will need a ‘Certificate of Capacity’ from your general practitioner confirming your inability to work at full capacity.

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.

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