Victorian WorkCover law provides that injured workers in Victoria are entitled to compensation. The WorkCover scheme and the compensation provided to injured Victorian workers is administered by the Victorian WorkCover Authority who appoint WorkSafe Agents to manage WorkCover claims. In some instances, employers who are self-insurers manage WorkCover claims directly.

All Victorian workers who suffer a compensable injury at work are eligible for compensation. Even where an employer has not taken out workers compensation insurance a worker will still be covered under Victorian WorkCover laws.

Under Victorian WorkCover law an injured worker may be eligible for the following benefits:

Medical and like services

Under WorkCover a worker is entitled to have their reasonable medical and like services funded. The types of medical and like services that WorkCover will fund are broad and can include, childcare and household help, aids and equipment, medication and consultations with doctors and other health workers for injured workers. To receive medical and like services for a work injury a worker must have an accepted WorkCover claim.

WorkCover Weekly Payments

Where an injured worker has an incapacity for work due to their injury they may be eligible to receive WorkCover weekly payments.

Injured workers who have made a WorkCover claim on or after 1 January 2005 and are incapacitated for work will be eligible for weekly payments for 130 weeks following an injury.

During this period a worker will be eligible for weekly payments even if they have a partial incapacity for work, which in effect means during this period a worker will be eligible for a “top-up” payment if they are not able to return to pre-injury hours of work.

Following receiving weekly payments for 130 weeks an injured worker who has made a WorkCover claim on or after 1 January 2005 must have no current work capacity which is likely to continue indefinitely to continue to receive WorkCover weekly payments.

To receive WorkCover weekly payments an injured worker must have an accepted WorkCover claim.

Impairment Benefits

A worker who has suffered a permanent impairment may be eligible for a lump sum for non-economic loss under the WorkCover legislation. Under WorkCover a worker’s permanent impairment is assessed by an examination in accordance with medical guides for measuring permanent impairment.

To receive an impairment benefit, a worker’s permanent impairment must meet the threshold for compensation.

Pain and Suffering and Loss of Earnings Damages

Damages is a monetary lump sum awarded to an individual who has suffered loss or been injured by the fault of another party. Under the WorkCover legislation a worker injured on or after 20 October 1999 may be eligible to receive damages for pain and suffering and loss of earnings damages for a work injury if they meet certain strict legal criteria, which includes establishing an injury is a “serious injury”, and that the injury was caused by the fault of their employer or another person or entity.

To be eligible to receive damages for an injury at work in Victoria a worker will usually need to establish that they have lost 40% of their earning capacity.

To claim damages a worker must lodge a claim with WorkCover, which initially involves making what is known as a “serious injury application.”

It is important to remember that the WorkCover law is complex. If you wish to bring a claim for damages for your work injury you should obtain legal advice as soon as possible as time limits apply in Victoria as to when a claim for damages for a work injury can be commenced.

BP Lawyers are experienced lawyers, with expert knowledge of WorkCover law. We know the process for obtaining damages for work injury in Victoria. We can advise you as to your prospects of success and assist you with bringing a claim for damages for your work injury.

If you suffer an injury at work, you should report your injury to your employer as soon as possible and lodge a WorkCover claim by filling in a WorkCover claim form and giving it to your employer.

The WorkCover claim form is a claim for medical and like services and weekly payments. If you are not able to work because of your injury, you should consult a doctor and obtain a WorkCover certificate of capacity and submit the certificate with your WorkCover claim. You should keep any relevant information and evidence regarding your injury and its circumstances which you may later wish to rely on.

You should seek legal advice as soon as possible following an injury as to your WorkCover entitlements, including your right to claim damages for your work injury. Strict time limits apply for common law damages for a work injury.

Once you have submitted a WorkCover claim, WorkCover or the self-insurer will decide to accept or reject your WorkCover claim. If you disagree with a decision of WorkCover to reject a claim or to terminate or reduce your weekly payments or reject to pay for medical and like services, you can challenge this decision.

Should your WorkCover claim be rejected, or you disagree with a decision of WorkCover you should seek legal advice as to the decision as soon as possible as time limits apply to challenging decisions of WorkCover.

BP Lawyers can provide you with expert legal advice regarding WorkCover compensation and disputes.

Suffering a work injury can have profound consequences on an injured worker’s quality of life and ability to work. In our view it is essential that an injured worker obtain legal advice, so they are fully informed of what compensation benefits are available and whether they have a claim for damages in respect of their work injury.

At our initial conference we will take detailed instructions about your injury, how it happened and the impact it has on you. We will provide you with advice about the WorkCover system and common law damages. We will evaluate your prospects of bringing a successful claim. If we believe you have reasonable prospects of success we will offer you a “no-win, no-fee*” costs agreement to act on your behalf.

Once we act on your behalf we will further investigate your claim by obtaining relevant documents and further information. We will update you as to our investigations and our ongoing advice about your claim. We will pursue your claim as quickly as possible to ensure you get the best outcome for your claim.

(*Terms & Conditions apply)