WorkCover information for injured workers in Victoria
Do you have to attend an IME appointment?
Do you have to attend an IME appointment? No – you cannot be compelled to attend an independent medical examination (IME). However, there are consequences for refusing to attend an IME. We’ll discuss these below. How does an insurer have the authority to send me to an...
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WorkCover weekly payments and the amendments to the act
WorkCover weekly payments and the amendments to the act We are now many months down the road from the changes to the WorkCover legislation relating to the restriction to limit weekly payments beyond 130 weeks to workers who not only have ‘no capacity for work’, but...
Workcover medical expenses after common law
Workcover medical expenses after common law A common question asked is “do my medical expenses stop once I have received a common law payment?” We also get people coming to us that already have the belief that the funding of their medical treatment by WorkCover will...
Whole person impairment and WorkCover
WorkCover and whole person impairment Whole person impairment (WPI) is a percentage figure based on a medical assessment or assessments performed by doctors who have undergone training in assessing injuries in accordance with the American Medical Association Guides to...
WorkCover home modifications
WorkCover home modifications WorkCover can in certain instances contribute to, or cover the cost of reasonable modifications to a home. This page will look at the circumstances in which this can be done and what the restrictions are to claiming home modifications. As...
WorkCover journey claims
WorkCover journey claims A WorkCover journey claim typically refers to when someone sustains an injury while they're travelling to or from work from their home. It is really important to note here that the law in Vic does significantly differ from other States. The...
WorkCover for casual employees
WorkCover for casual employees Casual employees are entitled to claim WorkCover in Victoria just as any permanent employee would be if they suffer an injury related to their employment. We look at this question in more detail in Are casual employees entitled to...
WorkCover provisional payments
WorkCover provisional payments if you lodge a WorkCover claim, typically, you are not entitled to receive benefits until the claim has been accepted by the WorkCover. However, if you have a claim that involves a psychological injury, you will have an entitlement to...
Benefits of WorkCover
The benefits of WorkCover There are a number of benefits of claiming WorkCover, which this page will cover. WorkCover – the best way to claim lump sums The number one reason and advantage of claiming WorkCover is that it can offer financial coverage for extended...
Weekly payments indexation
WorkCover weekly payments indexation If you’re in receipt of WorkCover weekly payments, your payments will be reviewed every year. This means that they may be adjusted slightly. Any adjustment in your weekly payments is based on movements in the state average weekly...
5 percent impairment rating
5 % impairment rating under WorkCover Whole person impairment plays a part in WorkCover claims in a number of different ways. This page sets out when a 5% whole person impairment is relevant and what affect it can have on a claim. The main reason that someone would be...
WorkCover arbitration
All about WorkCover arbitration WorkCover arbitration is an option open to an injured worker to utilise should they wish to dispute a decision made by the WorkCover insurer. Arbitration is a service offered by the Workplace Injury Commission, and it aims to provide a...
The WorkSafe Clinical Panel
The WorkSafe Clinical Panel The WorkSafe Clinical Panel is a group of medical practitioners and other health professionals who undertake clinical reviews and provide clinical and rehabilitation support and advice to WorkSafe staff, insurance companies (EML, Allianz,...
WorkCover stress leave
Stress leave and WorkCover If you need to take time away from work due to stress, in certain instances you may have an entitlement to be paid a weekly income payment from WorkCover. However, there are a number of criteria that must first be satisfied, and a process...
WorkCover top up payments
WorkCover top up payments (when can you get them)? Summary With a WorkCover claim, there are two ways you can potentially claim top up payments: 1) Once you’ve received 130 weeks of payments and you’ve returned to work, but on limited basis. 2) If top up payments (or...
WorkCover psychological injury claims
WorkCover psychological injury claims If a person suffers a psychological injury related to their employment, they may be entitled to WorkCover benefits, just as if they had suffered a physical injury. These benefits include: the payment of medical and like expenses,...
WorkCover and long term injury
WorkCover and long term injury If you have a long term injury and you have an accepted WorkCover claim, there are a few important things that you need to keep in mind. Medical expenses for a long term injury The WorkCover insurer will cover medical and like expenses...
WorkCover payments after 130 weeks
WorkCover payments after 130 weeks - in what instances do they continue? Summary There are two different WorkCover payments that a person can be receipt of after 130 weeks. The first is a continuation of your weekly payments at the 80% rate based on a person have no...
Can I resign while on workers compensation?
Can I resign while on WorkCover? Summary You can resign on WorkCover. However, you need to be aware that on some occasions your entitlements under the WorkCover scheme (Vic) may be impacted. To ensure as much as possible that they are not, you should make it clear...
Do you accrue annual leave while on workers compensation?
Do you accrue annual leave on WorkCover in Victoria? Summary If you have an accepted WorkCover claim in Victoria you are entitled to accrue annual leave while you’re on WorkCover in Victoria as long as a few simple conditions are met. Annual leave – what is it? Annual...
Does WorkCover cover heart attack?
Does WorkCover cover heart attack? If a worker suffers a heart attack – whether during work hours or outside work hours - it may be possible that they will be entitled to WorkCover benefits, just as a person would be entitled to WorkCover benefits for a physical...
Changes to WorkCover in Victoria
Changes to WorkCover in Victoria The Victorian Government has passed new laws which will bring in changes to the WorkCover system. The changes relate to work related psychological injury claims, as well as workers entitlements to weekly payments beyond the first 130...
What does 10% whole person impairment mean?
What does 10% whole person impairment mean? A 10% whole person impairment rating under WorkCover can mean a number of different things – depending upon what your injury is. Generally speaking, in order for an injury to be compensable via an impairment claim, a...
What is your WorkCover claim status?
What is your WorkCover claim status? Summary You can contact your WorkCover insurer (or employer if they’re a WorkCover self insurer) at any time and ask them to provide you with the status of your WorkCover claim. There are a few occasions when you might consider...
Does WorkCover pay for retraining?
Does WorkCover pay for retraining? Summary In certain instances WorkCover will pay for retraining expenses. This applies if you’re no longer employed with the employer with which you suffered injury, or if you are still employed with the injury employer have some...
Certificates of capacity and earnings for WorkCover
Certificates of capacity and earnings for WorkCover When a worker is injured and is claiming weekly payments from WorkCover, they must provide a certificate of capacity, and on that certificate there is a declaration section where the worker is required to sign. This...
How does WorkCover work?
How does WorkCover work? WorkCover is a type of insurance that provides certain benefits to injured workers in the event they suffer an injury, illness or condition related to their employment. This injury, illness or condition could occur over a period of time, or it...
WorkCover after 52 weeks
What happens if you're on WorkCover after 52 weeks? Summary If you are on WorkCover payments, these may be reduced after 52 weeks if overtime and shift allowances were initially included in your pre-injury average weekly earnings (PIAWE) calculation. Superannuation...
WorkCover dental treatment
WorkCover dental treatment In some instances, WorkCover will cover the cost of dental treatment needed by a person – provided that the dental treatment is related to a work related injury, illness or condition. There are, however, some key things that a person wishing...
WorkCover entitlements in Victoria
WorkCover entitlements in Victoria Summary In Victoria, there are four main WorkCover entitlements. These are: medical and like expenses, weekly payments, impairment benefit and common law claim. Below we summarize all of the four major WorkCover entitlements. The...
Are casual employees entitled to WorkCover?
Are casual employees entitled to WorkCover? Summary Casual employees are entitled to claim WorkCover in Victoria just as any permanent employee would be if they suffer injury related to their employment. We also cover this topic from a different angle in WorkCover for...
The WorkCover conciliation process
The WorkCover conciliation process in Victoria The first step in the WorkCover conciliation process in Victoria is the lodgement of the WorkCover Conciliation form, previously known as the request for Conciliation form. The form gets sent off to the Workplace Injury...
What does WorkCover do?
What does WorkCover do?WorkCover is insurance that your employer takes out to cover their workers in the event that they get injured. WorkCover is the name of the Victorian workers compensation scheme. What does WorkCover do for you as an injured worker? If you are a...
Calculating PIAWE in Victoria
How to calculate your pre injury average weekly earnings (PIAWE)If you can’t work because of a work related injury and you have an accepted WorkCover claim in Victoria, you may be entitled to weekly payments. These payments are based on what's called your PIAWE. PIAWE...
Industrial deafness claim time limit under WorkCover
Industrial deafness claim time limit under WorkCover There is no time limit in which you have to lodge a WorkCover industrial deafness claim in Victoria. This is the case in relation to the lodgment of an initial claim, which would entitle you to the payments of...
At what age does WorkCover stop?
At what age does WorkCover stop? Summary Most WorkCover entitlements are not tied to age. That is, they don't stop because you hit a certain age. There is however, one WorkCover entitlement that is tied to age. WorkCover weekly payments will in some instances stop...
Certificate of capacity example
WorkCover Certificate of Capacity Example: Every Section Explained Here's an example of a certificate of capacity that is used in Victorian WorkCover matters. Below, we detail each section that you'll find on a certificate of capacity. And here's a blank copy of the...
Does PIAWE include super?
Does PIAWE include super? Your PIAWE calculation (otherwise known as your ‘pre injury average weekly earnings’) does not include superannuation. This means that any superannuation you have been paid prior to your injury is not taken into account when your PIAWE is...
Becoming a WorkCover direct payee
Being made a WorkCover direct payee In certain instances when you have an accepted WorkCover claim and you are receiving weekly payments, you can be made a direct payee by the WorkCover insurer. What this means is that the WorkCover insurer will pay you your weekly...
WorkCover and long service leave
WorkCover and long service leave (Victoria) Does WorkCover Affect Long Service Leave in Victoria? No. Having a WorkCover claim does not affect your entitlement to long service leave in Victoria. In most circumstances, if you have an accepted Victorian WorkCover claim...
Making multiple WorkCover claims
Making multiple WorkCover claims Summary You may have multiple WorkCover claims - either relating to an injury impacting one body part or multiple different injuries. Additionally, you may lodge multiple WorkCover claims relating to the same employer or multiple...
Workcover return to work obligations
The WorkCover return to work obligations The WorkCover return to work obligations are a list of requirements you need to reasonably follow to ensure your weekly payments are not suspended or terminated. If you are off work because of an injury and you have an accepted...
WorkCover serious injury applications
WorkCover serious injury applications A WorkCover serious injury application is an application that is made by an injured worker (in most instances, on their behalf by a lawyer) to the Victorian WorkCover Authority. It initiates the serious injury application...
What is a WorkCover progress certificate?
What is a WorkCover progress certificate?. Summary A WorkCover progress certificate is a certificate that is issued by a conciliator from the Workplace Injury Commission (formally known as the Accident Compensation Conciliation Service). It is issued in situations...
Does WorkCover cover ambulance expenses?
Does WorkCover cover ambulance expenses? Yes, WorkCover will in most instances cover the cost of ambulance expenses. This is provided that you have an accepted WorkCover claim, and that the ambulance expenses relate to your work related injury, illness or condition....
Firefighters and cancer – WorkCover rights in Victoria
Firefighters and cancer - WorkCover rights Since the middle of 2019, significant changes have been made to they way a number of cancers are treated when it comes to claiming WorkCover in Victoria. The rebuttable presumption The change in law means that there is a...
How long does a certificate of capacity last?
How long does a certificate of capacity last? Summary In most instances under the WorkCover system, a certificate of capacity will run for 28 days. The initial WorkCover certificate should run for 14 days. In a limited number of instances, certificates can run for...
When do you need a certificate of capacity?
When do you need a certificate of capacity? You need a certificate of capacity when you want to claim weekly payments from the WorkCover insurer. Certificates only required when claiming weekly payments Certificates of capacity are only required if you want to claim...
Reinstatement of weekly payments
Reinstatement of weekly payments Summary It can be possible to have your weekly payments under the WorkCover scheme reinstated at some point after they have ceased. Reinstatement after 130 week termination Weekly payments are often terminated after a worker has...
Your final certificate of capacity
Your final certificate of capacity There’s nothing in the WorkCover legislation (laws) that refers to a “final certificate of capacity”. So it’s not a legal term, but it is a term you will see used to describe a couple of different concepts. Every WorkCover claim...
WorkCover for nurses
WorkCover for nurses in Victoria This page will explore some key issues when it comes to lodging and claiming WorkCover if you are a nurse in Victoria. A WorkCover claim for an injured Victorian nurse is for the most part no different to any other claim for a worker...
