1300 861 131 Workplace Injury (WorkCover)
Support and guidance for workplace injuries, helping you get the care and compensation you deserve.
After a work-related injury, you’re legally entitled to financial support for your recovery, regardless of fault.
We understand the challenges and hardships that come with workplace injuries or illnesses. That’s why we’re dedicated to providing comprehensive legal support to ensure you receive the workers’ compensation benefits you deserve.
Types of workplace injuries
Physical Workplace Injuries
Workplace accidents can result in a range of physical injuries, from falls to lifting-related incidents and muscular strains.
Psychological Workplace Injuries
Work-related events can sometimes lead to psychological injuries or trauma, such as anxiety or depression and post traumatic stress disorder (PTSD). This also applies to situations where pre-existing mental health conditions have worsened due to work circumstances. Our legal team can guide you through the process of claiming workers’ compensation if your mental well-being has been affected by your job.
Navigating the complex system
The workers’ compensation system is designed to provide a range of benefits to injured or ill employees, including:
- Weekly payments to cover lost wages
- Medical, hospital, and nursing expenses
- Rehabilitation and counselling services
- Compensation for permanent impairment or disability
- Death benefits for families of deceased workers
Our comprehensive services
We offer a wide range of services to assist you throughout the workers compensation process, including:
- Helping you submit your initial claim
- Appealing rejected claims
- Representing you in disputes with your employer or insurer
- Ensuring you receive the correct payments and benefits
- Assisting with return-to-work plans and accommodations
- Pursuing common law claims for serious injuries caused by negligence.
Looking for help with workplace issues?
Are you facing workplace challenges like unfair dismissal or sexual harassment? These situations can be overwhelming, but you don’t have to navigate them alone. Learn more about how we can assist to ensure fair treatment in the workplace.
Benefits available
No-Fault statutory benefits
These are the baseline entitlements that all accepted claims receive, regardless of negligence. They may include:
- Weekly payments to replace lost income
- Payment of reasonable medical/rehabilitation expenses
- Lump sum impairment benefits for permanent injuries meeting certain thresholds
Common law damages
In addition to the statutory benefits, you may be able to pursue a common law claim for further compensation if your injury meets the “serious injury” test and was caused by negligence of your employer or another party.
Common law damages can provide lump sum payments for:
- Pain and suffering
- Loss of future earning capacity
- Loss of enjoyment of life
To access common law entitlements, your injury must have stabilised, caused a permanent impairment, and meet the “serious injury” threshold based on either a narrative test of how it impacts your life or an impairment percentage rating.
No-win No-fee
We understand that pursuing legal action for an injury can be financially daunting. That’s why we offer ‘no win, no fee’ legal services for injury matters when appropriate. This arrangement is available in cases where we believe your claim has a reasonable likelihood of success.
Understanding the Workers' Compensation Process
Every Workers’ Compensation case is unique, involving several key steps. Your lawyer will guide you through each stage to ensure the best possible outcome.
Seek medical treatment
Immediately after your injury occurs, it is crucial to seek appropriate medical treatment. This ensures that your injury is assessed and treated properly, which is essential for your recovery and for supporting your WorkCover claim.
Report the injury
You must report the injury to your employer within 30 days of becoming aware of it. Make sure to record the details in your employer's incident reporting. This step is important for documenting the incident and initiating the claims process.
Consult your doctor
After reporting the injury, consult your doctor to assess your condition and receive appropriate treatment. If you are unable to work due to your injury, your doctor will provide you with a Certificate of Capacity, which is necessary for claiming weekly payments.
Complete the worker's injury claim form
Fill out the Worker's Injury Claim Form, ensuring that you complete Part A, questions 1-6, and sign and date the form. This form is essential for lodging your claim with your employer.
Submit the claim form
Once the claim form is completed, submit it along with the Certificate of Capacity to your employer. Your employer is responsible for forwarding your claim to their WorkCover insurer.
Employer's responsibilities
Your employer must submit your claim to their WorkCover insurer within specific timeframes: 10 calendar days for physical injuries and 3 business days for mental injuries (Part A of the form). Timely submission is critical for the claims process.
Insurer decision timeline
The WorkCover insurer typically has 28 days to make a decision on accepting or rejecting your claim. For mental injury provisional payment decisions, this timeframe is reduced to 5 days. During this time, it’s important to attend all medical appointments.
Awaiting the decision
While waiting for the insurer’s decision, continue to attend all doctor visits and follow treatment recommendations. This will help document your recovery process and support your claim.
Claim acceptance or rejection
If your claim is accepted, you will receive a letter summarising your benefits. If your claim is rejected, you have options to dispute the decision. Seeking legal advice can be beneficial at this stage.
Consult with us
It’s crucial to speak with us to understand your options at any point in the process. Whether or not you’ve filed a WorkCover claim, we can provide assistance. At your free initial consultation, we’ll offer comprehensive information about your legal rights, our fee structure, and the next steps if you choose to proceed.
The importance of proper advice
While the WorkCover scheme is designed to assist injured workers, the claims process can be complex with strict requirements around lodging claims properly and providing medical evidence to support your case.
This is why it’s crucial to seek legal advice as soon as possible after a workplace injury or illness. At our practice, your first consultation is completely free, giving you the opportunity to understand your rights and options at no initial cost.
Our team has experience guiding clients through every stage of the WorkCover process – from lodging the initial claim, to securing your statutory entitlements, to pursuing common law damages where applicable. We fight to ensure you receive the maximum compensation you deserve.
Don’t navigate the WorkCover system alone. Contact us today to arrange a free, no-obligation case evaluation with one of injury lawyers.
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