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Workplace Accidents – What happens next when I’m injured at work?

Workplace accidents can turn your world upside down. If you’ve been injured while at work, the stress of potentially bringing a claim against your employer is the last thing you want to think about.

Our focus is on providing you with easy-to-understand legal support while you cope with the personal impact of your workplace injury and get on with your life. Your health is the number one priority here.

To make it easier for you, we’ve prepared these FAQs to help you understand your potential claim.

Of course, if you do have any other questions, our friendly expert team are available for a free initial discussion on 1800 21 22 23

How do I know if I have a claim?

The WorkCover insurance scheme is essentially there to provide a safety net for anyone who gets injured at work. It covers casuals, full-time/ part-time employees and anyone deemed to be a worker. Some self-employed workers are also covered. No matter who is at fault, the scheme provides a basis to claim compensation for anyone who’s suffered a workplace accident or injury.

Importantly, because the WorkCover safety net is available for everyone – you don’t need private insurance to access these protections.

What do I need to do?

Firstly, you should talk to your GP for treatment and provide the details about how your workplace injury occurred so there is a record. You have 30 days under WorkCover to report the injury to your employer in writing.

Then, if you would like to lodge a WorkCover claim, you need to do so as soon as possible after your injury.

How do I lodge a WorkCover claim?

To be reimbursed for your medical expenses, you’ll need to fill out and lodge a WorkCover claim form. You can download one from us here and get started straight away. Otherwise, you can pick one up from your local post office or get one from www.worksafe.vic.gov.au You should include any invoices or receipts relating to medical treatment you’ve received as a result of your workplace accident. Your employer then has 10 days to forward the form to their WorkCover insurer.

What’s covered by compensation?

Compensation can be claimed for a variety of the effects of your workplace accident, including;

  • Your lost wages;
  • Your medical expenses;
  • Travel expenses incurred for your medical visits;
  • Costs you incurred for needing rehabilitation;
  • A lump sum for any permanent impairment

How much am I entitled to?

Each claim will have its own unique set of circumstances, so your potential payments will depend on the facts surrounding your situation. Once we’ve had a chance to look at your claim, we can usually give you an idea of what you should be able to expect next.

Remember, we offer these services on a No-Win No-Fee basis, so you can focus on what matters most – getting better and getting back on track.

What is the Conciliation process?

If the WorkCover insurer makes a decision that you don’t agree with, you’re entitled to dispute the decision and go to the Conciliation process.

The Conciliation Service aims to create a fair process through which you and the WorkCover insurer can come to a mutual solution about the WorkCover insurer’s decision. You’ll have the opportunity to present your evidence to an independent officer, and the WorkCover insurer can do the same.

If this happens with your claim, our team will assist you every step of the way.

What about a pre-existing injury? Can I still claim?

A common misconception around WorkCover is that an injury that you already had, but which is worsened while you’re at work, is automatically not covered by the scheme. The purpose of WorkCover is to cover the costs of any injury that happens at work, and this should include circumstances in which you are re-injured.

What about non-physical injuries?

Stress-related injuries and psychological conditions are also covered by WorkCover.

How long does it usually take?

Again, each case is different. What we do know is that we have the best equipped legal minds available to get your claim sorted as efficiently as possible.

If you’re still unsure about your claim, call 1800 21 22 23 and chat to us. Let us take the legal jargon off your mind, so you can get back on your feet.

*Depending on where you are in Australia, WorkCover schemes differ slightly

No win, no fee

Help when you need it most without the added stress of upfront legal fees engaging a
no win, no fee lawyer. When you need legal help, understandably, the first thing people often think is ‘can I afford it?’ To address this, our Senior Partner, Peter Gordon and Partner, Paul Henderson pioneered the ‘no win, no fee’ system to create greater access to the legal system.

We are here to help

When you’re ready, give us a call or click on the button below to send us a message. It will go straight to a caring and committed member of our team who will contact you within 24 hours.

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