Sustaining a workplace injury can be lifechanging and stressful. At Brave Legal, our personal injury lawyers support injured workers to obtain the compensation they need so that they can focus on what matters. Our WorkCover lawyers are dedicated to providing outstanding legal advice in a compassionate and sensitive way.
The Victorian worker’s compensation scheme “WorkCover” was established to ensure that injured workers receive appropriate compensation and are assisted with their return to work. Additionally, a pivotal focus area is to improve and deliver workplace health and safety.
What should I do if I get injured at work in Victoria?
If you have been injured at work, you should firstly report this to your employer in writing as soon as possible, and within 30 days of becoming aware of your injury or condition.
How do I claim WorkCover?
If you wish to claim benefits through WorkCover to support your recovery and return to work, you will need to complete the WorkSafe Worker’s Injury Claim Form and provide it to your employer.
If you are making a claim for weekly payments resulting from an incapacity to work, your WorkCover Claim Form must be accompanied by a Certificate of Capacity. Your first Certificate of Capacity must be provided by a medical practitioner, specifically, either your general practitioner, surgeon or psychiatrist. Any subsequent Certificates of Capacity can be provided by a medical practitioner, osteopath or physiotherapist.
How do I claim compensation for a work-related injury?
There are three ways in which you can access benefits and compensation for a work-related injury:
- Lodging a WorkCover claim – if your WorkCover claim is accepted, you will be entitled to payment of reasonable medical and like expenses (e.g. surgery, physiotherapy etc.). Other support, such as home help and gardening may also be claimed with the insurer. If you are also unable to perform your pre-injury duties or are unable to work, you may also be entitled to weekly payments for up to 130 weeks.
- Lodging an Impairment Benefits claim – this is a lump sum payment that is made to injured workers whose injuries are permanent. To obtain Impairment Benefits, the injured worker is required to attend an assessment by an Independent Medical Examiner, and must meet the minimum levels of impairment; and
- Pursuing a common law claim – if your injuries have been 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 your pain and suffering and loss of earnings or loss of earning capacity (also known as economic loss).
How does worker’s compensation work in Vic?
The worker’s compensation scheme in Victoria, known as WorkCover, is funded by compulsory insurance premiums levied on employers to cover and protect employees who become injured at work.
WorkCover is a no-fault scheme meaning that an injured worker does not have to prove negligence to access the primary benefits.
However, to be eligible to make a WorkCover claim in Victoria, you must meet the following key 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; and
- Your employment is connected to Victoria.
How long after an injury can you claim worker’s compensation?
A WorkCover claim should be made as soon as possible after reporting an injury to your employer, and preferably, within 30 days of becoming aware of the injury.
An Impairment Benefits claim can only be made once your injuries have stabilised. If you are expecting to undergo further surgery or substantial treatment, you will have to wait to complete and recover from the surgery before you can lodge an Impairment Benefits claim.
What does it mean when an injury is stable?
A “stable” injury means that your injuries are not going to get substantially worse or better, and you have completed and recovered from any significant treatment.
At a minimum, an injury is considered stable 12 months from the date of injury.
Can I make a worker’s compensation claim for mental injuries in the workplace?
Yes, 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.
An outcome of the Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Bill 2023 is that WorkCover claims for injuries that are caused by stress or burnout are now excluded.
How long can an employee worker stay on workers compensation Victoria?
In Victoria you can receive weekly payments of worker’s compensation for up to 130 weeks. You may be able to receive weekly payments beyond the 130-week period if you are able to prove that you have no current work capacity that is likely to continue indefinitely into the future.
In addition, the recent passing of the Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Bill 2023, requires injured workers also show that they have a Whole Person Impairment (WPI) of more than 20% to continue receiving weekly payments after the 130-week period (in addition to the incapacity test).
Is there a time limit to make a WorkCover claim?
A WorkCover claim should be lodged within 30 days of becoming aware of your injuries, and after you have reported it to your employer. Any entitlements to Impairment Benefits are contingent on the lodgment of this form. There is otherwise no time limit to make an Impairment Benefits claim.
A common law claim (also known as a negligence claim), must be lodged within six years from the date of injury.
Can I get a lump sum payment for my workplace injury?
Injured workers who have sustained a permanent impairment may be entitled to receive a lump sum payment more commonly known as an ‘Impairment Benefits claim.’
Your injuries must be stable and meet the minimum levels of impairment in accordance with certain guidelines. The insurer will arrange an appointment with an Independent Medical Examiner to assess your injuries and determine the level of impairment. A lawyer can assist you with preparing your Impairment Benefits claim.
What are the types of worker’s compensation injury lump sum payments?
There are two types of worker’s compensation lump sum payments:
- Impairment Benefits claim – this payment is made to injured workers who have sustained a permanent impairment and have met the minimum levels of impairment; or
- Common law claim – if your injuries are serious, and have been caused by the negligence or fault of your employer and/or a third party, you may be able to receive damages (a lump sum payment) for your pain and suffering and loss of earning capacity (also known as economic loss).
What do I need to prove to bring a common law claim?
To bring a common law or negligence claim, you must show that you have suffered a serious injury, and that your injuries have been caused by the negligence or fault of your employer and/or a third party.
What are the employer’s duty of care obligations?
Employers owe employees a duty of care to take reasonable care of their health and safety in the workplace. This means, an employer must take reasonable care to ensure that you have a safe place of work, a safe system of work and safe plant and equipment.
An employer would be considered to have breached their duty of care if they have failed to take reasonable care of your health and safety in the workplace. If this breach then caused you to sustain an injury, you may be able to prove negligence.
How will a WorkCover claim impact my Centrelink payments?
If you are receiving weekly payments for loss of earnings under the WorkCover scheme, you will not be able to receive Centrelink payments at the same time. If you are receiving both Centrelink and weekly payments, you will be obliged to repay Centrelink.
However, if you are receiving payment for medical and like expenses, this will not impact the Centrelink payments you are receiving.
We appreciate that injured workers may find it overwhelming navigating the WorkCover system after sustaining an injury at work, and our experienced WorkCover team are here to advise and support you.
For a confidential discussion about your workplace injury, please contact Brave Legal on 03 9070 9816.
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