Deemed serious injury and WorkCover A deemed serious injury under WorkCover is when a person has been assessed as having a 30% or greater whole person impairment rating for their impairment claim. An injured worker will automatically be considered (ie; deemed) as...
Return to work after injury When you have an injury at work that prevents you from performing your job, there are processes in place to help get you back to work once you are able to do so, even if it’s not at your full capacity. There are laws both under the federal...
How long does a common law claim take? How long a common law claim takes depends upon how contested the claim is by the other side. A common law claim that is not contested may resolve within the first 120 days after a serious injury application is lodged, for...
All about the Workplace Injury Commission The Workplace Injury Commission is a Victorian government authority that provides injured workers who are pursuing a WorkCover claim or who have a WorkCover claim on foot with mechanisms to contest decisions made by the...
The WorkCover conciliation form The WorkCover conciliation form – also known as the Application for conciliation form – is the form used to initiate a conciliation. If you want to contest a decision made by the WorkCover insurer, other than requesting the...
WorkCover and multiple jobs Can you work another job while receiving WorkCover compensation? Not your original job – the job related to which your injury relates. But another, alternative job. Say, for example, that you aren’t able to do your primary job...
Gym swim programs and WorkCover If you have suffered an injury related to your employment and you have lodged and had accepted a WorkCover claim, the WorkCover insurer may pay for a gym/swim program for you. In order to have the insurer pay for a gym or swim program,...
Does WorkCover cover contractors? WorkCover does cover contractors in certain instances in the event they suffer an injury, illness or a condition related to their employment. Contractors are not automatically covered by WorkCover, however. Whether a contractor is...
WorkCover and the first certificate of capacity The first WorkCover certificate of capacity that a person obtains in relation to their WorkCover claim must not exceed 14 days (in most cases) and must be issued by a medical practitioner. This page will look into first...
The role of a GP in your WorkCover claim It’s likely that your GP will play an important role in your WorkCover matter if you have been obtaining treatment from them for your work related injury, illness or condition. Unfortunately, the role of a GP in the Victorian...
Can WorkCover certificates be backdated? WorkCover certificates can in some instances be backdated. However, the legislation limits backdating of a WorkCover certificate to no more than 90 days. This page will explore the issue of backdating WorkCover certificates...
The WorkCover common law process The initiating step in the Victorian WorkCover common law lump sum process is for a serious injury application to be prepared and lodged. You will need to obtain what’s called ‘serious injury certificate’. Once done, then you will be...
How to get a copy of an IME report There are mechanisms in place to enable a person with a WorkCover claim to obtain IME reports and other material from WorkCover. An IME is an “independent medical examiner”, which is a term that the Victorian WorkCover Authority (“...
All about WorkCover home help If you have an accepted WorkCover claim, it’s possible that the WorkCover insurer will pay for help around the home if required. When will the WorkCover insurer pay for home help? The WorkCover insurer will pay for home help services if...
All about WorkCover medical reports There are two main categories of medical reports that could be obtained during a WorkCover matter in Victoria. The first is medical reports from independent medical examiners. These are typically obtained by the insurance company,...
All about the WorkCover Worker’s Response Form A worker’s response form is a single page form that the WorkCover Insurer will send to you if you pursue an impairment benefit lump sum claim. The worker’s response form provides the insurer with your...
When is a WorkCover injury stable in Victoria? A WorkCover injury is stable when it’s not getting any better, and not getting any worse to any significant extent. WorkCover insurers will in most cases not consider an injury stable until at least twelve months have...
Does WorkCover pay overtime? WorkCover will not pay you any overtime you’ve missed out on dollar for dollar. Instead, WorkCover will factor any overtime you earned in the 12 months (or shorter period) into your pre injury average weekly earnings calculation....
When does a WorkCover claim end? A WorkCover claim ends when you have exhausted all of your entitlements, or when you elect to no longer pursue your entitlements. This page specifically relates to when Victorian WorkCover claims end. You can elect to stop pursuing a...
A WorkCover IME doctor disagrees with my doctor There are a number of instances during your WorkCover matter in Victoria where an independent medical examiner (IME) might disagree with your own treating doctor. Here are some of the most common: In relation to your...
Please keep in mind that the information contained on this page should not be considered legal advice and no content on this site should replace the need to obtain advice tailored to the specific facts of your case. The facts of a case can significantly alter the advice that can provided. This site only provides general advice. Read more here.
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