WorkCover after 52 weeks
WorkCover after 52 weeks 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 should begin to be paid to you by the...
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 (Vic)
WorkCover entitlements (Vic) In Victoria, there are four main WorkCover entitlements. These are: Medical and like expenses Weekly payments Impairment benefit Common law claim Below we summarize all of the four major WorkCover entitlements. You can also look at this...
Are casual employees entitled to WorkCover?
Are casual employees entitled to WorkCover? Yes, casual employees are entitled to claim WorkCover in Victoria just as any permanent employee would be if they suffer injury related to their employment. Unfortunately, many people are not aware of the fact that the...
The WorkCover conciliation process
The WorkCover conciliation process 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 Commission...
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 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. What is PIAWE? PIAWE means ‘pre injury...
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? 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 once a...
Certificate of capacity example
Certificate of capacity example 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. If you're unfamiliar with certificates of capacity, you can read...
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 Having a WorkCover claim does not impact the accrual of your long service leave entitlement - that is tied to your period of employment. There are however a few things you need to be aware of when it comes to long service leave and...
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...
Making multiple WorkCover claims
Making multiple WorkCover claims 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 employers....
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? 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 where a...
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? 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 three...
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 It can be possible to have your weekly payments under the WorkCover scheme reinstated at some point after they have ceased. This page goes into the circumstances in which you might apply for reinstatement and what you can expect to...
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. You might get a “final...
WorkCover for nurses
WorkCover for nurses This page will explore some key issues when it comes to lodging and claiming WorkCover if you are a nurse in Victoria. We’ve represented many nurses with their WorkCover matters over a number of years. A WorkCover claim for an injured Victorian...
Injury at work compensation
Injury at work compensation - what can you claim? If you suffer an injury at work or over the course of your employment in Victoria, there are several options open to you should you wish to pursue compensation. The main option open to people is to pursue a WorkCover...
WorkCover first 10 days
WorkCover and the first 10 days Once your claim has been accepted, the WorkCover insurer should contact you to confirm this. If you have any accounts or receipts relating to medical treatment that you had prior to the claim being accepted, you should send these off to...
WorkCover minimum wages
Does WorkCover have minimum wages? WorkCover does not have minimum wages (weekly payments). It does not take into account the national minimum wage or wage amounts referred to in an agreement or an award. A person’s weekly payments are based on their pre injury...
Does WorkCover cover volunteers?
Does WorkCover cover volunteers? If a person is working as a volunteer, in many instances they will not be covered by the WorkCover system in Victoria. There are some exceptions to this however which this page will explore further. Who is considered a volunteer when...
WorkCover after retirement age
WorkCover after retirement age You can lodge a WorkCover claim after retirement age if you’ve suffered an injury related to your employment. This applies to both injuries suffered before and injuries suffered after retirement age. For the most part, you’ll be entitled...
WorkCover impairment assessment
WorkCover impairment assessments A WorkCover impairment assessment is a medical assessment that occurs as part of the impairment lump sum claim process. It is an assessment completed by a specialist doctor. The impairment assessment involves this specialist doctor...
WorkCover guides to the Evaluation of Permanent Impairment
WorkCover Guides to the Evaluation of Permanent Impairment The WorkCover scheme in Victoria relies on the Guides to the Evaluation of Permanent Impairment. This is a book published by the American medical association. It’s purpose is to provide repeatable measurement...
WorkCover and labour hire
WorkCover and labour hire WorkCover will likely provide benefits and compensation to a labour hire worker if that person suffers an injury, condition, disease or illness connected to employment with a host employer. This page will explore how WorkCover and labour hire...
WorkCover assist: who are they and how can they help?
WorkCover assist: who are they and how can they help you? WorkCover assist is a no cost service that is provided by WorkSafe (WorkCover) Victoria. As an injured worker, you can choose to engage a member of WorkCover assist to help you with your WorkCover Conciliation...
Claiming WorkCover
Claiming WorkCover How to claim WorkCover Inform your employer about the injury, illness or condition (you should do so but if you don't you can still make a claim). Complete the WorkCover claim form. Lodge the WorkCover claim form - either on the insurer, WorkSafe or...
Re injured after returning to work
Re injured after returning to work If you are re injured after returning to work, what you will need to do will differ depending on: whether you have an existing WorkCover claim or not whether you want to lodge a claim how you reinjured yourself This page will explore...
Deemed serious injury and WorkCover
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
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 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
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 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 insurer...
WorkCover and multiple jobs
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 but you could...
Gym swim programs and WorkCover
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?
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 first certificate of capacity
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 your GP in a WorkCover claim
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?
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 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
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
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...
WorkCover medical reports
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
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 written instructions...
When is a WorkCover injury stable in Victoria?
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?
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. Overtime...
When does a WorkCover claim end?
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...
What happens if an IME doctor disagrees with my doctor?
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...
WorkCover and secondary injuries
WorkCover and secondary injuries A WorkCover “secondary injury” is one that is caused by the “primary injury” for which there is an accepted claim by the WorkCover insurer. A person may be entitled to claim no fault WorkCover benefits for a secondary injury, and have...
WorkCover payments and public holidays in Victoria
WorkCover payments and public holidays in Victoria Do you get paid public holidays when on workcover in Victoria? You don’t get paid for public holidays while on WorkCover in the same way that you would if you were not on WorkCover. When on WorkCover, public holidays...
Unable to return to pre injury duties
Unable to return to pre injury duties - what you need to know If you are unable to return to pre injury duties after an injury, there are some options open to you. However, what your options are will vary depending upon whether; The injury is work related and you have...
How to know whether a WorkCover claim has been made
How to know whether a WorkCover claim has been made You will know a WorkCover claim has been made in Victoria when a workers injury claim form has been completed and lodged, and you have received confirmation of the claim being received by the WorkCover insurance...
Continuation of weekly payments after 130 weeks
Continuation of weekly payments after 130 weeks In most instances, once a person on weekly payments hits the 130 week mark, their payments are likely to be terminated. There are two instances in which a person will be entitled to weekly payments continuing beyond the...
WorkCover serious injury definition
What is the WorkCover serious injury definition? The term ‘serious injury’ as it relates to WorkCover matters in Victoria is defined in the Workplace Injury Rehabilitation and Compensation Act 2013 and the Accident Compensation Act 1985. The definition of what is a...
Have WorkCover payments stopped?
Have your WorkCover payments stopped? There are a number of reasons why your WorkCover payments may have stopped. Common reasons are: if you have made a return to full unrestricted work duties, or if you've reached the end of the second entitlement period. There are...
WorkCover common law claims for psychological injury
WorkCover common law claims for psychological injury If you’ve suffered a psychological injury related to your employment, you may be entitled to pursue a common law claim. In order to succeed in a common law claim for psychological injury, you need to show that you...
How are impairment benefits paid?
How are impairment benefits paid? Impairment benefit lump sums are paid based on a persons whole person impairment rating. A whole person impairment rating is determined by specialised medical assessments. Injuries are assessed in accordance with the American Medical...
WorkCover hearing loss claims in Victoria
WorkCover hearing loss claims in Victoria If you have suffered hearing loss during the course of your employment, you may be entitled to claim WorkCover benefits in Victoria. This page will explore WorkCover hearing loss claims in detail. When did the hearing loss...
IME doctor says I need surgery – what now?
IME doctor says I need surgery - what now? Sometimes during a WorkCover matter you'll be required to see an independent medical examiner (IME). And depending on the nature of your injury, they may recommend in their report that you have surgery. Many people on...
Why is my IME report taking so long?
Why is my IME report taking so long? During a WorkCover matter, you will likely be asked to attend an independent medical examiner or IME. This could be after you’ve lodged your initial claim during the claim determination period, or it could be after you’ve lodged an...
What is WorkCover leave?
What is WorkCover leave? In Victoria, technically there is nothing called ‘WorkCover leave’. If you are absent from work either on a partial basis or a complete basis because of your work-related injury and you have a WorkCover claim on foot, any time off work is...
WorkCover claim acceptance letter
WorkCover claim acceptance letter - what does it actually say? Once you've lodged a WorkCover claim, the WorkCover insurer will spend some time processing the claim before ultimately making a decision to either accept or reject the claim. If they accept the claim,...
What is a genuine dispute certificate?
What is a genuine dispute certificate? A Genuine Dispute Certificate is a document that certifies that a matter has gone to conciliation but could not resolve by way of the conciliation process. The certificate confirms that the conciliator believes that both parties...
Can you get a loan on WorkCover?
Can you get a loan on WorkCover? Yes, you can get a loan on WorkCover. This includes both home loans and personal loans. However, being on WorkCover may have an impact in relation to your chances of obtaining a loan. Please keep in mind that this page does not...
Can I claim WorkCover during probation period?
Can I claim WorkCover during an employment probation period? You can claim WorkCover during an employment probation period in Victoria. This is the case regardless as to whether you are a full-time, part time or casual worker. It's also the case regardless as to the...
Can you claim income protection while on WorkCover?
Can you claim income protection while on WorkCover? Yes, you can claim income protection insurance while you are on WorkCover. The question is though, is it a good idea? If you are receiving weekly payments from WorkCover, and the income protection relates to your...
When can you claim pain and suffering?
When can you claim pain and suffering under a WorkCover claim? There are two points under a WorkCover claim in Victoria where you can claim for pain and suffering. The first is an impairment lump sum claim and the second is a common law claim. An impairment claim in...
Can you withdraw a WorkCover claim?
Can you withdraw a WorkCover claim? Yes, you can withdraw your WorkCover claim. However, there's a few things you should keep in mind. The rest of this page will look into how that works and what that actually means. If your claim has just been lodged but not...
Do you get sick pay if injured at work?
Do you get sick pay if injured at work? Yes, if you have been injured at work you’ll be entitled to take sick leave if you have accrued sick leave to take and should you require time off work. However, there are some other considerations which this page will look at....
WorkCover claim accepted
What happens when a WorkCover claim is accepted? Once your WorkCover claim has been accepted in Victoria, that will entitle you to two things only. The first is the payment of weekly payments of compensation if your ability to work has been impacted. The second is...
What’s the catch with no win no fee?
What's the catch with no win no fee in WorkCover matters? When you engage a lawyer to assist you with a WorkCover matter in Victoria, in most instances that lawyer will represent you on a no win no fee basis. Sometimes they won’t, but you’ll find in most instances...
What if you can’t physically do your job anymore?
What if you can't physically do your job anymore? There are some options open to you if you can’t physically do your job anymore in Victoria. You may wish to see if reasonable adjustments can be made to your current job to assist you, or ask to be moved to a role with...
