Workplace Injury and WorkCover Claim Lawyers
Also under Workplace Injury And WorkCover Claims:
Our approach to fighting WorkCover and workplace injury claims
The approach of our workers' compensation lawyers is based around achieving the best compensation result possible for our clients. We know how difficult it can be for injured workers dealing with the consequences of injury so we listen to you and let you tell your story. Next, we advise you on the legal strategy we intend to pursue on your behalf. It will be a clear plan for success so that you know exactly what we are trying to achieve.
At this point we encourage you to ask questions. Put us on notice. It is only when we work as a team that we achieve the best results. You will then be given a clear account of fees and costs and left with a fee proposal to take away to consider.
Our philosophy on workers compensation injury claims is to put our best foot forward, thoroughly prepare your case including doing the research in consultation with the best barristers, and then front the WorkCover agent’s lawyer to communicate a clear ultimatum: "This is our case and this is what we want."
Why do we succeed where other injury lawyers fail?
It is well understood that serious injuries typically attract large compensation payouts, but do you need to go to court, and what is the best way to win your case? Ross Inglis from personal injury law firm Ryan Carlisle Thomas explains what you need to know.
We approach negotiations with WorkCover and their agents as if we were going to court, using the best barristers who have years of experience, and with a clear picture in mind of the compensation range we want to secure on your behalf.
Most of our claims are settled long before going to court. If we do not get a fair settlement, only then do we go to court. That’s why our approach – tested for over 40 years and in more than 70,000 injury compensation cases – works.
Accredited Personal Injury Law Specialist - a leader in our field
We are recognised by the Law Institute of Victoria as having accredited personal injury law specialists on staff. This is the highest professional level of recognition and accreditation within the legal profession and marks us a leader in our field.
Why choose a LIV Accredited Specialist?
- a minimum of five years' full-time practical experience and a minimum of three years' experience in their area of specialisation
- high degree of professional development
- a comprehensive examination
- accreditation renewal every three years.
Our values as a firm
Choosing the right WorkCover compensation lawyer when you have been injured at work is one of the most important decisions you will ever make.
You need someone you can trust to win you the best compensation result with a minimum of fees and expenses, while supporting you every step of the way.
Ryan Carlisle Thomas has a history of genuine struggle for justice and seeking improvements to employment and workplace safety conditions for the benefit of working people. Our team of workplace injury lawyers has won many landmark WorkCover cases and large compensation payouts and has fought against discrimination and unfair dismissals.
So, when you need to make a stand, let us stand with you.
Listen to a senior partner explain what makes Ryan Carlisle Thomas different.
Why a law firm’s culture can matter to clients
Building a case for a client and being clear about what you are trying to achieve are critical to getting outstanding results for clients. That requires a team approach where the senior heads within a law firm contribute their experience and legal knowledge to building the strategy. That’s why if you are client, a law firm’s culture is so important.
Start a WorkCover legal enquiry with us - first steps and fees
For information on how to contact Ryan Carlisle Thomas, fees, and what to expect at your first meeting, see Start a legal enquiry.
Workplace Injury And WorkCover Claims FAQs
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.
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.
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.
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.
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