A Simple Guide to WorkCover Claims
Sustaining a workplace injury can be life-changing and stressful. At Ryan Carlisle Thomas, our Melbourne based WorkCover and personal injury lawyers support injured workers to
WorkCover & Workplace Injury.
Court Decisions Clarify Dual Schemes for Common Law Damages in Victoria
We recently had a complex legal matter which we handling on behalf of a client concerning the issue of pursuing common law damages for workplace
Casual Workers and Labour Hire Workers: Understanding WorkCover Coverage
As an employee, your rights and entitlements are not determined by your employment status. Whether you’re a full-time worker, a part time employee, or a
Bullying or Harassment Over a WorkCover Claim: Your Rights and Protections
As an employee, your well-being and safety at work are paramount. That’s why the law explicitly prohibits employers from engaging in bullying, harassment, or threats
WorkCover Compensation: Types of Injuries Covered and Your Entitlements
WorkCover provides vital support for a range of injuries that can occur in the workplace. From immediate physical injuries to long-term health conditions, and even
Changes To WorkCover Legislation Coming Into Effect January 2024
The Victorian Government has foreshadowed significant changes to WorkCover legislation, subject to the Bill being passed, which come into force January 2024.
Medicinal Cannabis Considered A Reasonable Medical Treatment For WorkCover Client
Of late, a number of our clients have been recommended medicinal cannabis for treatment of chronic pain and/or depression arising from a workplace injury.
The WorkCover Compensation Independent Review Service (WCIRS): An Additional Dispute Resolution Option for Injured Workers
In 2020, WorkSafe Victoria established the Workers Compensation Independent Review Service (WCIRS) to review decisions of the WorkSafe Insurer that remained unresolved after Conciliation. The
When is it too late to claim WorkCover?
If you have been injured at work but delayed making a WorkCover claim it may not be too late to do so. While it is
Greater rights for injured workers dealing with trauma
The High Court of Australia recently made a decision in the case of Kozarov v Victoria [2022] that we hope will make it easier for
I was injured while volunteering – what are my legal options?
This week is National Volunteer Week: a time to celebrate the commitment and selflessness of people who dedicate their time to worthy causes across Australia.
How to make a lump sum impairment claim under WorkCover
Many injured workers are unaware they may have a claim for a lump sum compensation payment for permanent impairment under WorkCover (the WIRC Act 2013).
Labour hire workers have legal rights
If injured, labour hire workers retain significant legal rights to workers compensation for injury, as well as employment protections. In this blog, I explain what
What’s involved in making a Common Law injury claim?
In this blog, I explain what steps are involved should you wish to proceed with a Common Law claim for serious injury, in addition to
Tips on how to succeed in your compensation claim
Having practiced in workers compensation law for many decades, I’ve noticed that it is often small things, like keeping a medical diary, that can make
Employers urged to review workplace manslaughter laws
WorkSafe is ensuring the safety of workers by laying charges against employers who do not provide the required safety measures to prevent injuries and fatality
Getting a WorkCover claim for Psychological or stress injury accepted
Getting WorkCover to accept a claim for a psychological injury can be challenging, even as psychological injury claims are spiking as a result of working
Long delays for Centrelink payments to injured workers
Injured workers who have had their Centrelink payments reinstated or who rely on payments while awaiting a Common Law settlement are having to wait long
Does retirement impact workers compensation?
As Injury lawyers, we are often asked questions about Workplace injury close to retirement age. The answers lie within the Workplace Injury Rehabilitation and Compensation
Worried about your job? It’s time to rethink that injury claim
Injured but scared of losing your job? You really should lodge a WorkCover claim quickly. Making the claim before losing your job means you get
Camberwell Grammar School – where some students report learning fearr
Over the years, Camberwell Grammar School, also known as Camberwell Church of England Grammar School, has joined the ranks of prestigious schools to be rocked
WorkCover continues to pay superannuation to injured workers
It had long been a source of frustration among injured workers that, having suffered the pain of an often job-ending workplace injury, they then had
Manslaughter law changes a priority for staff returning to work
As Victorian businesses gear up for staff returning to the office, employers are encouraged to consider recent changes to workplace manslaughter laws. As recently as
Can mobile phone usage cause health issues that lead to workers compensation claims?
Increasingly, Australians are more inclined to use AirPods or headphones when talking on the phone through fear of the health risks of brain cancer, tumours
Casuals do have WorkCover rights to injury compensation
If you’re a casual worker, you are covered by WorkCover for any accident or injury which occurs in the workplace. The fact that you are
Common questions about returning to work after injury
Clients on WorkCover returning to work after injury often have questions about their on-going benefits or flare-ups of an injury. Here are some common questions
Will making a WorkCover claim affect my job or my boss?
As expert WorkCover lawyers, our team has advised thousands of injured clients, many of whom were reluctant to lodge an injury claim because they feared
Casual worker? How to calculate your WorkCover benefits
Key points It is illegal to stop a casual worker lodging a WorkCover injury claim Replacement income and medical benefits are available through WorkCover It’s
How do WorkCover top up payments work?
If you are injured and your WorkCover claim is accepted, you are generally entitled to receive weekly payments for a maximum of 130 weeks. In
$1.5M child abuse award encouraging for civil cases
A recent Victorian case in which a man has been awarded more than $1.5 million for school child sex abuse gives real hope to survivors
Stress related WorkCover claims surge in Victoria
Stress and associated psychological injuries are growing and are likely to spike due to the affects of the pandemic and employment restrictions. In this blog,
COVID related WorkCover claims for psychological injury
According to media reports, the Coronavirus has been responsible for a spike in WorkCover claims, especially among teachers and health workers. In this blog, I
Can I quit my job while on WorkCover?
A question that we often get asked is whether someone is able to resign their employment while they are getting WorkCover weekly payments or other
Can employer’s pay workers’ compensation without WorkCover?
I recently spoke with a new client who had sustained a shoulder injury at work. He was getting his medical and like expenses paid by
Aggravations of Pre-existing injuries and WorkCover
Are you entitled to receive WorkCover support if you have aggravated a pre-existing injury at work? The short answer is “yes”. This blog explains how best
52 weeks and WorkCover: 3 Questions
We have a lot of our WorkCover clients ask us questions regarding the “52 week period” whereby employers are generally obliged to provide suitable employment
What happens to your job while you’re on WorkCover?
The question of what happens to your job when you’re on WorkCover is a common one. It is complex as it involves not only WorkCover
Redundancy: Will an ‘exit medical’ affect my WorkCover claim?
You might be facing redundancy and have been asked to sit an “exit medical” by your employer. Do you have to comply? And if you
WorkCover and employment rights after 52 weeks of payments
A common question that clients receiving weekly payments of compensation for a WorkCover injury ask is “What happens to my employment after I have been
WorkCover, TAC and Centrelink
Unfortunately for some of our clients, and injured people in general, by the time they receive a lump sum settlement in their claim, they have
What to do if you don’t lodge a WorkCover claim immediately
We often see workers who have sustained an injury at work but who did not lodge a WorkCover claim (‘a claim’) immediately. Often this is
What is an ‘Overarching Obligations Certificate’ and when will I need to sign one?
Since 1 January 2011 it has been a requirement in Victoria that any party to a civil proceeding – such as a WorkCover or TAC
WorkCover and employment rights after 52 weeks of payments
A common question that clients receiving weekly payments of compensation for a WorkCover injury ask is “What happens to my employment after I have been
Why do lawyers want my medical records?
Anyone who has been injured and is seeking compensation should be asked by their lawyer to sign authorities enabling the lawyer to obtain full copies
What to do if you disagree with a WorkCover insurer’s decision
If you have a WorkCover claim, and the WorkCover insurer has made a decision that you don’t agree with, it is important that you are
Annual leave now accrues while on WorkCover payments
Injured workers have recently gained the additional financial protection of being able to accrue annual leave while on WorkCover. Two cases heard by the Fair
Injured parties must know about critical time limits for personal injury claims
Plaintiffs are sometimes unaware of the time limits to bring personal injury claims and find out all too late. Their claims are statute barred unless
Can you claim TPD whilst on WorkCover?
Regular readers of our blog will know that anyone who suffers an incapacity for work as a result of work-related injury will be entitled to
Unfair dismissal: who can sue and what to do?
You can sue for unfair dismissal generally if you are an award employee. If you’re not an employee covered by an award, then you generally
I’ve been discriminated against at work. What can I do?
If you think you’ve suffered discrimination at work, you might be able to sue for compensation for financial loss and for pain and suffering. You
Are casuals and workers on visas covered by WorkCover?
Given the reduction in the number of full time jobs, more and more people in industry and certainly in hospitality are working as casuals. Increasingly
How to calculate weekly WorkCover payments
Calculating WorkCover weekly benefits or payments can be tricky. There are also some pitfalls, depending on when you choose to attend medical appointments. Here is
If I am paid cash in hand, am I covered by WorkCover if injured?
Many people who are paid cash in hand while working and are then injured ask me if they are still covered by WorkCover. The short
Casual loading restored to weekly WorkCover compensation payments
Casual workers entitled to full hourly rate Injured casual workers have had their right to full weekly benefits re-instated, effective from today. The news was
Court blocks unreasonable restraints of trade put on executive
Just Group Limited (“JGL”) v Nicole Peck (2016) VSC 614 The Supreme Court of Victoria has knocked back an executive contract that blocked an ex-employee
Ombudsman’s Report highlights unfair WorkCover rejections
In the Victorian Ombudsman’s report ‘Investigation into the management of complex workers compensation claims and WorkSafe oversight‘ tabled on 12 September 2016, the Ombudsman is highly
Victorian Ombudsman releases damning report on WorkCover scheme
“Catastrophically injured” farmer kicked off WorkCover benefit for 12 months A catastrophically injured farmer who had his benefits cut off by Allianz Insurance and WorkCover
Handy tips for people on WorkCover
WorkCover can be complex. We field hundreds of questions from our clients about their WorkCover claims. Over time, we’ve seen that there are a number
You Can Choose Your Own Doctor For WorkCover Treatment
Are you on WorkCover? 10 things you MUST know: #4 You do not have to be treated by the company’s doctor of choice. You can
You can choose your own doctor for WorkCover treatment
You do not have to be treated by the company’s doctor of choice. You can choose your own GP. Not only do you have the
You Can Challenge A WorkCover Insurer’s Decision
Are you on WorkCover? 10 things you MUST know: #3 WorkCover insurers make bad decisions all the time. They can be unfair, unreasonable or just
Court Imposes Heavy Fine For Pay Breaches As A Deterrent
The Federal Circuit Court has ordered that a small engineering company pay one of its former employees $36,000 in financial penalties for failing to pay
Pay Deductions By Employers May Be Unlawful
The AEU Victoria recently won millions of dollars in back-pay for more than 40,000 Victorian teachers after the Federal Court found the Victorian Government had
Sham Contracts Are Illegal: Your Working Status And Rights
Recent alleged scams implicating Pizza Hut and Myer have seen workers speaking out against potential sham contract arrangements and the underpayment of wages. [1] The
WorkCover insurers again hauled before Victorian Ombudsman
The announcement that the Victorian Ombudsman, Deborah Glass, will conduct an investigation into the management of WorkCover claims by WorkSafe agents QBE, Gallagher Basset Services,
Labour Hire Horrors – What’s Your Story?
“I was contracting with an ABN but to one employer only. I know this is illegal and I know myself and other workers are being
The Facts About Casuals And WorkCover
I recall someone telling me how he felt when he once worked as a casual among permanents. They all worked the same hours, did the
What to do if your employer won’t let you claim WorkCover
If you are injured at work, there are laws to protect your rights. This is why almost all Victorian employers have WorkCover insurance. In fact,
Alleged Ballarat Hospital bullying – legal help is available
Recent reports of bullying and intimidation within Ballarat Hospital’s mental health unit are disturbing. From what has been reported in the media so far, it
Make your voice heard against wage exploitation
The plight of workers who have been scammed by some of the large fresh food suppliers to the big supermarkets, and others like those on
Court decision breakthrough for recognising debilitating consequences of back injury
Lower back injuries are among the most common in today’s workforce, but the major implications that a back injury can have on a sufferer’s everyday
Review: New WorkCover App – VicClaim
Last week we reported on the release of a new app developed by the Victorian WorkCover Authority to assist in reporting and making injury claims. This
Comcare Decisions Can Be Appealed, But Deadlines Apply
The Comcare workers compensation scheme is not easy to navigate. The most common enquiries we receive are determinations to reject a Comcare claim for injury
New WorkCover App, VicClaim, Helps In Lodging Injury Claims
WorkCover Victoria has launched a new app for iphone and android phones and tablets that puts injury claims information in the palm of your hand.
Poultry Worker Sacked For Drunkenness Awarded $7,000 In Compensation
The case of a poultry worker sacked for allegedly being drunk on the job and who consequently won $7,000 in compensation for unfair dismissal has
How You Fill In A WorkCover Claim Form Can Be Critical
Problems arising from the decision in the Magistrates’ Court in Robinson v SPI Electricity Pty Ltd continue to frustrate injured workers due to a onerous and
What a $1.3m compo stress payment for teacher Doulis really means
When Victorian schoolteacher Peter Doulis was awarded nearly $1.3m in damages in September, the story attracted star billing in the media. You could almost hear
WorkCover Cuts Red Tape On Approvals Process
Injured workers may not have to wait as long for some types of medical procedures as a result of changes made by WorkCover to their
New WorkCover And TAC Medical Certificate Yet Another Burden
From 1 July, both WorkCover and the TAC have introduced new Capacity Assessment Forms that have replaced the old medical certificates which had to be
Secret Recordings With Your Boss – A Good Or Bad Idea?
The incidence of secretly recorded conversations between workers and bosses is on the rise. Smart phones have made it technologically easier. An industrial relations culture
LinkedIn Killed My Job
The line is blurring between work and the personal. What you need to know about the social media minefield to protect your job. More and
Comcare Review Demands Quick Action
Peter Hanks QC has handed down his review of the Safety Rehabilitation and Compensation Act 1998 (SRCA), which contains some excellent recommendations for reform of
Workplace Bullying: A New Right To Sue?
In October 2012, the House of Representatives Standing Committee on Education and Employment handed down its report on workplace bullying (Workplace Bullying “We Just Want
A Victory For Common Sense On Defining Serious Injury For Now
WorkCover excels at blocking workers who are attempting to have their injury classified as “serious”. Because a serious injury classification opens the door to more
If my employer asks for a medical assessment, what are my rights as the employee?
According to media reports, injured workers are increasingly being forced to undergo irrational medical examinations. Sometimes their employers even attending medical appointments with them. So,
Medical Assessments And Workers’ Rights
According to media reports, injured workers are increasingly being forced to undergo irrational medical examinations. Sometimes their employers even attending medical appointments with them. So,
The “Drive to Work” licence: Dispelling the Myth
There seems to have been a recent spike in the number of people who have been convicted of driving offences and lost their driving licence
Bullying In The Workplace: Part 2
In part 2, we continue to examine legal avenues to compensation. Part 2: Legal Remedies for Bullying – Tort of Intentional Harm, Anti-Discrimination Laws, Occupational Health and
Bullying In The Workplace: Part 1
Over two instalments, we examine legal avenues to compensation. Part 1: Legal Remedies for Bullying-Criminal Law, Compensation and Negligence Bullying at work has had a lot
Will there be anything left for me when the lawyers are done? Questioning your legal fee agreement can reduce your legal costs.
I’ve been in practice for 8 years as a plaintiff lawyer, mainly representing clients who have been injured at work or on the road and
As National Employers Shake Out Staff, Bullying Is On The Rise
We analyse the fallout from a recent stress injury ruling. Banks continue to announce big staff layoffs, with some commentators including the head of the Finance
Comcare is short changing workers by up to $35,000
Last year, the Federal Court found that the Federal Government’s workers compensation fund, Comcare, had breached the relevant legislation in trying to short change workers
Our usual Blog authors are lawyers employed by Ryan Carlisle Thomas and/or its associated entity, Stringer Clark.
From time to time, we may also publish blogs authored by other staff members or guest bloggers. Where this is the case, it will be made clear. Any advice applies to Victorian State law as at the date of first publication. The information is a general guide only and is not a substitute for legal advice applicable to a user’s own circumstances.
Residents of other Australian States or Territories or countries are advised to seek legal advice from a lawyer practising in their own area, as laws may vary from region to region.