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. Unfortunately, many people are not aware of the fact that the WorkCover...
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. Unfortunately, many people are not aware of the fact that the...
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
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...
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. You might get a “final...
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...
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? Summary 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...
Claiming WorkCover
Claiming WorkCover in Victoria as an injured worker Summary Here's how to claim WorkCover in Victoria: - 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. -...
Re injured after returning to work
What happens if you're re-injured after returning to work? Summary 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...
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
The Workplace Injury Commission: what is it and how is it relevant in WorkCover matters? Summary 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...
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 after injury? Summary 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....
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? Summary A WorkCover claim ends when you have exhausted all of your entitlements, or when you elect to no longer pursue your entitlements. If you've been told that your WorkCover claim has been closed or ended, that might not be...
