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 obtain the compensation they need so that they can focus on what matters, providing outstanding legal advice in a compassionate and sensitive way.

Understanding the Victorian Worker’s Compensation Scheme

The Victorian worker’s compensation scheme, known as WorkCover, was established to ensure that injured workers receive appropriate compensation and assistance with their return to work, putting increased focus on the improvement and delivery of workplace health and safety standards.

Steps to Take If You’re Injured at Work in Victoria

If you have been injured at work, you should report this to your employer in writing as soon as possible. You have must do this within 30 days of becoming aware of your injury or condition or it may be knocked back.

How to Claim WorkCover

The process to claiming WorkCover benefits to support your recovery and return to work is quite simple. All you need to do is to complete the WorkSafe Worker’s Injury Claim Form and provide it to your employer.

If you are claiming weekly payments due to incapacity to work, your WorkCover Claim Form must be accompanied by an initial Certificate of Capacity, provided by a specific medical practitioner such as your surgeon, general practitioner, or psychiatrist. Any subsequent Certificates of Capacity can be provided by a more general medical practicioner.

Claiming Compensation for Work-Related Injuries

There are three main ways to access benefits and compensation for a work-related injury:

1. Lodging a WorkCover claim

If accepted, you are entitled to payment of reasonable medical and like expenses (e.g., surgery, physiotherapy), as well as other support activities, such as home help and gardening. If you are unable to perform your pre-injury duties or are unable to work, you can receive weekly payments of worker’s compensation for up to 130 weeks. Beyond this period, you must prove you have no current work capacity that is likely to continue indefinitely. Additionally, injured workers must show a Whole Person Impairment (WPI) of more than 20% to continue receiving weekly payments after the 130-week period, as per the recent amendments to the WorkCover Scheme Modernisation Bill 2023.

2. Lodging an Impairment Benefits claim

This is a lump sum payment for injured workers whose injuries are permanent and can be obtained by attending an assessment by an Independent Medical Examiner and meeting the minimum levels of impairment. An Impairment Benefits claim can only be made once your injuries have stabilized. If further surgery or substantial treatment is expected, you must wait to complete and recover from the surgery before lodging an Impairment Benefits claim.

3. Pursuing a common law claim

If your injuries were caused by the negligence or fault of your employer and/or a third party, and you have a serious injury, you may be able to receive damages for pain and suffering and loss of earnings or loss of earning capacity (economic loss).

How Worker’s Compensation Works in Victoria

The WorkCover scheme in Victoria is funded by compulsory insurance premiums levied on employers to cover and protect employees who become injured at work. It is a no-fault scheme, meaning an injured worker does not have to prove negligence to access the primary benefits.

To be eligible to make a WorkCover claim in Victoria, you must meet the following criteria:

• You sustained a workplace injury or illness in the course of or arising out of your employment.
• You are a ‘worker’ under the WorkCover legislation.
• Your employment is connected to Victoria.

What Constitutes a “Stable” Injury?

A “stable” injury means your injuries are not going to get substantially worse or better, and you have completed and recovered from significant treatment. An injury is generally considered stable at least 12 months from the date of original injury.

Mental Injury Claims in the Workplace

You may be eligible to make a claim for compensation for a mental injury suffered at work if your employment is the predominant cause of the injury. However, claims for injuries caused by stress or burnout are excluded under the Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Bill 2023.

Proving a Common Law Claim

To bring a common law or negligence claim, you must show you have suffered a serious injury caused by the negligence or fault of your employer and/or a third party.

Impact of WorkCover Claims on Centrelink Payments

If you are receiving weekly payments for loss of earnings under the WorkCover scheme, you cannot receive Centrelink payments simultaneously. If you receive both, you must repay Centrelink. Payments for medical and like expenses under WorkCover do not impact Centrelink payments.

Talk to Ryan Carlisle Thomas Today

Navigating the WorkCover system after sustaining a workplace injury can be overwhelming. Our experienced Personal Injury team at Ryan Carlisle Thomas is here to advise and support you. For a confidential discussion about your workplace injury, please contact us at 03 9238 7878.