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...
WorkCover payment rates
WorkCover payment rates in Victoria This page covers the WorkCover payment rates in Victoria for each of the benefits you can receive and any minimum or maximum amounts payable. Medical and like expenses rates As with most insurance schemes, the amount WorkCover will...
What is a non work related injury in Victoria?
What is a non work related injury in Victoria? There are a number of instances in which injuries will not be considered to be work related for the purposes of a Victorian WorkCover claim. Injuries suffered outside of work One of the most obvious instances is when an...
Will an employee injured at work automatically receive compensation from their employer?
Will an employee injured at work automatically receive compensation from their employer? No. In some instances, and employer may offer to compensate a person that has suffered an injury at work by way of payment of medical expenses and/or lost wages. However, there is...
WorkCover and redundancy
WorkCover and redundancy This page will explore issue of a redundancy and how it impacts on a WorkCover claim in Victoria. Firstly, what exactly is a redundancy? In short, redundancy is a way for employers to terminate employees. A redundancy occurs when the job that...
Does WorkCover come out of sick leave?
Does WorkCover come out of sick leave? No, If you receive any payments under a WorkCover claim in Victoria, these do not come out of your sick leave. WorkCover is completely separate from your accrued sick leave entitlements as a part time or full time employee. This...
Do employers have to accommodate injuries?
Do employers have to accomodate injuries? Employers do need to accommodate people that have injuries. However, a distinction needs to be made between those people that have work related injuries and those who have and those who haven't lodged a WorkCover claim. As...
The WorkCover settlement process
The WorkCover settlement process (Vic) This page will look at the WorkCover settlement process in relation to each of the main WorkCover entitlements that a person may claim. Medical and like expenses and weekly payments settlement process If the WorkCover insurer has...
WorkCover self insurers in Victoria
WorkCover self insurers in Victoria There are 34 self-insurers in the Victorian WorkCover scheme. You will see from the list below that the companies in the self-insurance part of the scheme are large (or very large) employers. Applying to become a self-insurer is an...
Is WorkCover ordinary time earnings?
Is WorkCover ordinary time earnings? No, in most cases when it comes to the payment of WorkCover payments, you will not be paid your equivalent ordinary time earnings. WorkCover weekly payments are paid to you at the rate of 95% of your pre-injury average weekly...
WorkCover 30% impairment
WorkCover and 30% impairment rating There are two aspects of a WorkCover claim where being assessed as having a 30% whole person impairment rating is highly relevant. This page will explore both aspects. How would you be assessed as having a 30% impairment? When you...
WorkCover settlement conference
WorkCover settlement conferences (Vic) When you refer to a WorkCover settlement conference, in most cases what you're referring to is a conference that occurs in relation to a WorkCover common law claim. This page will explore WorkCover settlement conferences in...
WorkCover lawyers
WorkCover lawyers in Victoria If you've suffered an injury at work and if you've lodged a WorkCover claim (or perhaps you're thinking of doing so), you may have considered hiring a lawyer to help you. We (Michael and Peter) are both lawyers, but we realise we might...
Working while on WorkCover
Working while on WorkCover (Vic) Many people believe that if you have a WorkCover claim, you are not able to work. And that if you do work while on WorkCover, your claim is finalised. This is not correct. You are able to work while on WorkCover, whether that be in the...
WorkCover and offers of settlement
WorkCover and offers of settlement (Vic) There are a number of occasions during a WorkCover claim where WorkCover may offer you a settlement. This article will explore those occasions and will discuss what you need to know in relation to each. Medical and like...
Dealing with WorkCover as an injured worker
Dealing with WorkCover as an injured worker Dealing with WorkCover and the WorkCover system can be very difficult for some people. So here are some pointers to help you in your dealings with the insurer. Advice for dealing with WorkCover (including your WorkCover...
Moving interstate while on WorkCover
Moving interstate while on WorkCover (Vic) Just because you have a WorkCover claim does not mean that you need to continue to reside in Victoria. You are able to move interstate (and overseas) should you wish if you have a Victorian WorkCover claim on foot. However,...
Injury at work with no sick leave
Injury at work with no sick leave (Vic) If you suffer an injury at work and you have no sick leave to fall back on, there are some options that are open to you. These are; WorkCover Income protection TPD Accessing superannuation Annual leave or long service leave...
All about WorkCover statutory counter offers
All about WorkCover statutory counter offers (Vic) During a WorkCover claim you may have heard the term WorkCover counter offer or WorkCover statutory counter offer referred to. This is an offer made on your behalf (usually) by your lawyer, during a common law lump...
I had an accident at work but it was my fault
I had an accident at work but it was my fault If you’ve had an accident at work and suffered an injury - and it the accident was your fault - it might surprise you to learn that you might still be entitled to compensation under the Victorian WorkCover scheme. No fault...
When can you claim workers compensation in Victoria?
When can you claim workers compensation in Victoria? You can claim workers compensation in Victoria when you suffer an injury, illness or condition that is connected to employment. This page will explore things further. Workers compensation claim criteria In order to...
Do I need a return to work certificate in Victoria?
Do I need a return to work certificate in Victoria? If you have a WorkCover claim in Victoria and you want to return to work, you might be wondering whether you need a return to work certificate. What is a return to work certificate? Technically speaking, under the...
How do I make a claim for loss of earnings?
How do I make a claim for loss of earnings? (Vic) If you have been injured at work, it is possible to claim for your loss of earnings. Generally speaking, there are two ways that the WorkCover system can compensate you for your loss of earnings. This article will...
WorkCover and unfair dismissal
WorkCover and unfair dismissal If you have a work related injury (or condition or illness), generally speaking, you are not able to be terminated from work because of that injury. If you are terminated because of the injury, in some cases you may be able to pursue an...
All about WorkCover mediations
All about WorkCover mediations (Vic) If you've been in the WorkCover system long enough, you may have heard a WorkCover mediation being mentioned. This article will explore the WorkCover mediation process, and when a mediation may occur. What is a WorkCover...
What qualifies as a work related injury?
What qualifies as a work related injury under WorkCover? What qualifies as a work related injury under the WorkCover system is an injury (or condition or illness) that is in some way related to your employment. It can be an injury that occurred as a result of one...
I hurt my back at work what should I do?
I hurt my back at work what should I do? Work related back injuries are very common. In Victoria, recent WorkSafe Victoria data shows that around 15% of all injuries suffered at work are to the back. Here are your options if you suffer a back injury at work. Get...
How long after a work related accident can you sue?
How long after a work related accident can you sue? (Vic) Let’s start with this – you can make a claim for WorkCover compensation (medical expenses and weekly payments) as soon as you're injured. Now if we move on to lump sums, the timing of when you can “sue” becomes...
Who do you tell if you suffer a work related injury or illness?
Who do you tell if you suffer a work related injury or illness? (Vic) If you have suffered a work related injury or illness in Victoria, you have a few options in terms of who tell. Yes, you should let your employer know and you should report your work related injury...
Is WorkCover a salary?
Is WorkCover a salary? (Vic) In one sense, WorkCover is a salary. If you have an accepted WorkCover claim in Victoria, one of your potential entitlements is the payment of weekly payments to cover some of your lost wages. However, it is important to keep in mind that...
Claiming TPD while on WorkCover
Claiming TPD while on WorkCover (Vic) Can I claim TPD while on WorkCover? Yes, you can claim TPD while you're on WorkCover and in fact it is a good idea to do so. However, it is important to get your timing right. This article will explain things in more detail. TPD...
This is what happens when WorkCover ends
This is what happens when WorkCover ends (Vic) This sounds like a simple question - but as is often the case with the law, we need to know more about the specifics of the case before we can dig deeper. The first thing to ask is when you say WorkCover is ending, what...
Fit for work certificates – what you need to know
Fit for work certificates (Vic) - what you need to know This article will assume that you have a WorkCover claim on foot and that your ability to work has been impacted by an injury, illness or condition related to your employment. It will also assume that you are...
Can a doctor lodge a WorkCover claim?
Can a doctor lodge a WorkCover claim (Vic)? No, a doctor is not able to lodge a WorkCover claim on your behalf in Victoria. A doctor can provide you with the WorkCover claim form, a WorkCover certificate (called a certificate of capacity) and they can help you to...
Can I change jobs while on WorkCover?
Can I change jobs while on WorkCover (Vic)? If you have a WorkCover claim on foot many people may wonder whether they are able to leave their job for a new job, and not have their WorkCover entitlements impacted. The short answer is yes, a person is able to leave a...
I got injured at work – do I need a lawyer?
I got injured at work, do I need a lawyer? The reality is that you don't need a lawyer in every matter involving an injury at work. If you are not intending to pursue a WorkCover claim then in most cases you won't need to engage a lawyer. Just make sure the injury is...
WorkCover and an aggravation of a pre-existing condition
WorkCover and an aggravation of a pre existing condition (Vic) I've had clients think that they were not able to pursue a WorkCover claim because they have a pre-existing injury that was aggravated by a work related incident or during the course of their employment...
How does ‘no win no fee’ work?
How does no win no fee work (Vic)? In Victoria, it is the norm for personal injury law firms to offer to act on a no win no fee basis in many WorkCover matters. But what exactly does no win no fee mean and how does it work? There are differences between law firms...
Can I claim an impairment benefit and compensation for pain and suffering?
Can I claim an impairment benefit and compensation for pain and suffering? The short answer is that yes, in many cases you are able to claim an impairment benefit lump sum as well as further compensation pain and suffering. However, to properly answer this question we...
Pending WorkCover claim – what you need to know
What you need to know if you have a pending WorkCover claim (Vic) Once you lodge a WorkCover claim in Victoria, it will be sent off to an insurance company who will be responsible for determining the claim. They need to decide whether to accept or reject your claim....
Recognition for the Work Injury Site
Recognition for the Work Injury Site The Work Injury site was recently selected as one of the top 25 workers' compensation blogs in the world by Feedspot.com. Needless to say, we're pretty pleased that our humble Aussie blog was recognised. Feedspot allows people to...
Do I get paid normally on WorkCover?
Do I get paid normally on WorkCover? If you lodge a WorkCover claim in Victoria and it gets accepted, in some instances you'll be entitled to be paid income replacement benefits. These are sometimes referred to as weekly payments of compensation. You are...
How much do no win no fee lawyers take?
How much do no win no fee lawyers take? When it comes to WorkCover related matters in Victoria, the short answer is that it generally depends upon three factors: the amount of work required to be done the amount spent on disbursements the amount recoverable from the...
I got hurt at work – can I sue?
If I get injured at work can I sue? You are able to sue if you get injured at work in some cases. After suffering an injury at work, some people wonder whether they are able to sue. They may want to sue their employer, a manufacturer of a defective piece of machinery...
If I get injured at work do I get paid?
If I get injured at work do I get paid? If you get injured at work, and that injury is in some way related to your employment, then it is possible to be paid compensation for some of your lost earnings if your ability to work is impacted. In order to be paid, you must...
How long do you have to lodge a WorkCover claim?
How long do you have to lodge a WorkCover claim? There is no specific timeframe in which you must lodge a WorkCover claim. What you do have to do however, is notify your employer of your injury within 30 days. WorkCover explains the time to report an injury as...
WorkCover return to work (Victoria)
WorkCover and returning to work (Victoria) The WorkCover legislation in Victoria requires the employer and the worker to cooperate to try and return the injured worker back to work when it is safe to do so. This can be on the basis of reduced hours or duties (modified...
Quitting your job due to injury – answers to common questions
Quitting a job due to an injury: answers to common questions If you’re thinking of quitting your job because of an injury, this article should answer many of the questions you might have: Quitting a job because of an injury that isn’t work related If you’re sure the...
Does WorkCover pay for medication?
Does WorkCover pay for medication? The short answer is “yes, if you have an accepted WorkCover claim”. There are of course plenty of exceptions to the answer, which are detailed below, but for the most part, if the medication you are claiming is for the work injury,...
WorkCover claim settled: now what?
WorkCover claim settled: now what? When most people refer to their WorkCover claim having settled, what they’re usually referring to is that they’ve settled a lump sum claim. This article will look at what happens once your claim has settled. Impairment benefit...
What to do when you have problems with WorkCover
What to do when you have problems with WorkCover Unfortunately, sometimes people that have WorkCover claims report experiencing problems. Below are a list of common problems that a person on WorkCover might experience, along with steps you can take to deal with the...
Is income protection the same as workers compensation?
Is income protection the same as workers compensation? No. While there are similarities between the two, they are different things. Income protection a type of insurance that will pay you a regular income benefit if you're unable to work because of an injury, illness...
WorkCover claims process flow chart
WorkCover claims process flow chartBelow is a WorkCover claims process flow chart that outlines the WorkCover process in Victoria. On the left, you have the 'no fault entitlements'. These are entitlements can be claimed by a person regardless as to whether there was...
Does WorkCover pay for doctors?
Will WorkCover pay for doctors? Yes, if you have an accepted WorkCover claim, you’re entitled to be paid for the costs of reasonable medical and like expenses. Part of this includes having your doctors bills paid for. WorkCover will pay for doctors bills that they...
What happens if you can’t return to work after injury?
What happens if you can't return to work after injury? If you are unable to return to work following an injury related to your employment, there's two different scenarios that need to be considered. 1. If you're on WorkCover 2. If you're not on WorkCover. If you're...
Do I have to make a WorkCover claim?
Do I have to make a WorkCover claim? No, you definitely don’t need to make a WorkCover claim if you’ve suffered an injury or illness related to your employment. It’s completely up to you whether you wish to lodge a claim or not. You can also elect not to lodge a...
Injured at work but still working
Injured at work but still working?What you need to know. If you have a WorkCover claim It is possible to be injured at work but continue working with the injury employer while on WorkCover. It is in fact quite common for injured workers to continue working with the...
When does WorkCover offer a compensation payout?
When does WorkCover offer a compensation payout? WorkCover does not offer a compensation payout just because you have an accepted WorkCover claim. In order to be compensated by way of a lump sum, you need to first have the initial WorkCover claim accepted, and then...
WorkCover make up pay – how does it work?
WorkCover make up pay - how it works As you may have read on other articles on our website, WorkCover weekly payments are not paid at 100% of your pre-injury average weekly earnings. Weekly payments commence at 95% of your pre injury earnings and later on drop down to...
WorkCover underpayment of wages – what you need to know
WorkCover underpayment of wages - all you need to know There are a number of different times where you may feel that you are under paid by WorkCover. This article will examine why you might be underpaid by WorkCover and what the solutions are to the issue. You...
Sick leave or WorkCover?
Sick leave or WorkCover - what should I take? If you suffer a work related injury, you may consider using your sick leave instead of lodging a WorkCover claim if you need time off work. For example, you may wish to do so if you have a significant amount of sick leave...
How long does it take to get WorkCover payments?
How long does it take to get WorkCover payments? If the WorkCover insurer accepts your claim, it should take 4-6 weeks (approximately) from when you completed and signed the claim form, for you to get WorkCover payments. If you want to read more about how long you...
WorkCover not paying
WorkCover not paying? Here's what you can do There are various situations where WorkCover may not be paying you. This page will address the different times where you might find WorkCover not paying you and what you can do about it. There are two broad categories where...
WorkCover rights Victoria
An outline of your WorkCover rights (Victoria) People on WorkCover often do not known what their rights are. This is understandable, as for many, they’ve never needed to lodge a WorkCover claim before. Here’s a list of your WorkCover rights as an injured employee for...
