Workers Compensation and WorkCover Lawyers

There are many obstacles that can stand between you and the WorkCover benefits you are entitled to. Just understanding how best to fill in an injury report can have far-reaching consequences should your injury turn out to have complications in the longer run.

It is also sensible to recognise that the Victorian WorkCover Authority is not in the business of fighting for your rights to proper benefits. It is a government-run insurance scheme that has a vested interested in protecting the premiums it levies on companies and organisations in Victoria. Knowing how the system works is critical to claiming the full benefits and compensation that is available. It makes sense to consult with an experienced workplace injury lawyer who will stand by you.

There is absolutely no reason why your employer should be attending with you at medical appointments. You have an entitlement to refuse them access and you should use that entitlement should you wish. In some cases it may be appropriate for a return to work agent to attend a doctor's appointment with you if there is a real prospect that you may be able to return to work in the near future and you are comfortable with the agent attending. If in doubt don't consent to anyone attending your medical appointments with you.

If the injury has just occurred or if you have just had surgery because of the workplace accident some time will need to go by before a claim for lump sum compensation can be lodged. Patience is required, but your lawyer should keep you briefed on its progress.

Your payments can be suspended or terminated in certain circumstances. The WorkCover insurer will often make this decision on the basis that they allege you did not make every reasonable effort to participate in rehabilitation, retraining and return to work plans.

However, you can appeal WorkCover’s decision.

Your employer will be required to also pay superannuation if you have received 52 weeks or more of weekly payments and continue to receive them.

Yes. Facebook - along with other social media sites - is becoming popular in a growing number of injury cases that go to court, for all the wrong reasons.

We are finding that lawyers opposing us are requesting access to a client's Facebook pages as part of the pre-trial access to relevant evidence. Although often this material is accessible to anyone who has some technical ability with the internet.

Those innocent photos you posted enjoying a BBQ with some friends could be turning up in court, as lawyers use the pictures to cast doubt on your testimony and on the seriousness of your injury.

A lot more bike riders are delivering food for firms like Deliveroo. Other people drive for firms like Uber. As more people are employed in what has become known as the “gig economy”, so too have injury queries risen. In terms of basic entitlements such as medical costs and payments for loss of earnings while you are unable to work, you are covered under the WorkCover system. At least that's ordinarily how you should be covered. Sometimes, however, there's a dispute about whether these riders and drivers should be properly be considered employees of the company that they're working for. We can provide you with advice about whether you are a “worker” that is entitled to WorkCover from the business that pays you.

For more information, see Are Uber Eats and Deliveroo riders covered if injured?

A common misconception is that if a worker has not returned to full pre-injury hours and duties, they can automatically be sacked. While you may not have the WorkCover legislation protection described above after 52 weeks, it is unlawful for your employer to ‘automatically’ sack you on the basis that you have not returned to your full hours and duties.

If your employer tells you that they have terminated your employment it is important to get legal advice as soon as possible. There are strict time limits – as short as 21 days – to take some actions under Fair Work legislation. Under WorkCover legislation, your employer must offer you suitable work for the first 52 weeks after your injury. This may mean reduced hours, working with regular breaks, lifting limits or not doing certain tasks. Many workers get back to their full duties and hours, while some can only ever do partial hours or modified/light duties.

After 52 weeks this protection is no longer available, and an employer no longer has an obligation under WorkCover legislation to provide you with any duties or hours if you cannot return to your full duties and hours, however, you would still get paid WorkCover weekly payments and medical benefits.

Yes. In Victoria, injured workers who remain employed and on weekly payments, will accrue annual leave as if they were working normally. For more information see: Annual leave now accrues while on WorkCover payments.

Many people who are paid cash in hand while working and are then injured, ask us if they are still covered by WorkCover. The short answer is, yes. And that’s unequivocal.

WorkCover Victoria will accept your claim for income replacement and assistance with medical bills, regardless of the manner in which you have been paid for your work.

For further information see: If I am paid cash in hand, am I covered by WorkCover if injured?

No. Lump sum claims and common law claims do not curtail any rights to claim ongoing living and medical and like expenses, they remain open. It one of the big advantages of the system. Common law lump sums will affect your entitlement to weekly payments if you receive a lump sum for loss of earnings. We will advise you whether you are better off on weekly payments or taking a lump sum for loss of earnings.

Victorian workplaces are regulated by both State and Federal anti-discrimination laws which are designed to prevent sexual harassment occurring and ensuring that victims have avenues for obtaining compensation from perpetrators and, in some instances, their employers and other entities.

For more information see: Workplace sexual harassment – what are your legal avenues for redress? or visit the Employment Law section of our website.

Each case is different and the fact that you have a similar or identical injury to another person does not mean that you are entitled to the same amount of compensation. For example, two people could lose their right index finger in a workplace accident. The common law (lump sum) entitlements that each of these people may have could vary greatly depending upon their age, circumstances of the accident, ability to work in the future, their interests outside of work and their willingness to pursue the matter to Court.

With the permission of the employer or insurance agent, a worker is allowed a legal representative to attend at a conciliation conference on their behalf.

If your lawyer is not attending your conciliation conferences or is not organizing appropriate assistance through WorkCover Assist or Union Assist then you should be asking yourself how interested your lawyer is in your case and whether they are just interested in obtaining lump sum compensation.

Medical expenses and weekly payments are covered immediately upon the claim being accepted, which is usually decided within 30 days of being lodged. The time that it may take to obtain the lump sum compensation that you deserve varies from case to case. There is no fixed amount of time that applies in every case. The main complicating factor for most cases is the issue of "stabilization".

If the injury has just occurred or if you have just had surgery because of the workplace accident some time will need to go by before a claim for lump sum compensation can be lodged. Patience is required, but your lawyer should keep you briefed on its progress.

There are good claims agents and bad claims agents but ultimately they all work for an insurer. Their job is to save the insurance company money. If you are lucky you will have a good claims manager who will do their best within the WorkCover scheme to look after you. Many will not and you should ensure that you have legal advice throughout the life of your claim.