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Have you suffered an injury at work or been diagnosed with a work-related illness?  Did you know you may be entitled to make a claim for compensation?

Unfortunately, many of us are still unaware or may not understand our rights and entitlements under WorkCover. Below we have a Q&A with Janine Gregory, Head of Maurice Blackburn’s Victorian Work Accident Injuries team to explain your rights.

How do you know if you have an injury severe enough to make a claim?

If you have incurred medical bills or had time off work, you should lodge a Workcover Claim to get these expenses paid. And it’s not just physical injuries, as psychological injuries and even any illnesses that have developed, because of your work are covered. We do find that a number of people that reach out to us, think they will not be entitled to make a claim and then end up with significant compensation. 

There is a bit of a stigma around claiming compensation through WorkCover, why do you think that is?

That can be the case, which is unfortunate because if you or your loved one had been injured at work, claiming compensation through Workcover can be absolutely critical. 

Sometimes, clients are concerned about fracturing a good working relationship with their employer but in our experience most good employers understand that it is important their workers receive the right medical treatment and have their wages covered.  And, at the end of the day that is what insurance is for. 

How important is it to seek legal advice if you’re injured?

It’s very important as there is a huge lack of awareness around what you are entitled to if you are injured at work and many people try to manage the claims themselves and then don’t access their full entitlements.

Our specialist lawyers explain how the scheme works and provide individualized advice about what you’re entitled to.  We can guide you through the entire process and be your advocate.

In one client’s case, we were able to secure a settlement that was 7 times the initial offer made by the insurer.

What if you have a pre-existing condition from a previous injury, can you still make a claim?

Absolutely. An injury suffered at work does not have to be a new problem. We see lots of clients who have aggravated a pre-existing injury or experienced a reoccurrence of their injury. 

In fact, you are still eligible to make a claim if your pre-existing injury did not happen at your current employment.  We do see a lot of clients with neck and back injuries that have developed over a number of years, due to the nature of their work.

Can you walk us through some of the claims that you’ll be able to make?

There are three main claims that you can make:

  1. Basic WorkCover Claim which includes weekly payments to cover your lost wages and medical expenses. Or other support that may be required like home or car modifications or attendant care.
  2. An Impairment benefit where you can get a lump sum payment for a permanent injury.
  3. Or a Common Law claim where the accident or injury was caused by the negligence of someone else, which results in a further lump sum payment.

Why choose Maurice Blackburn?

As Australia’s #1 Plaintiff law firm our team will fight to ensure you get the compensation you deserve. We work on a no win no fee^ basis, so if you don’t get a payout, we won’t charge you anything, and in most cases unlike many other law firms you won’t need to pay disbursements such as medical reports, court or barrister fees*. But you don’t need to worry as we’ll explain exactly how legal fees work from the outset of your claim to ensure full transparency.

What if you’re unsure of whether you are eligible to make a claim?

The best thing to do is get in contact with us to book in your free first consultation or take the Free Claim Check to see if you are eligible to make a claim. We will be able determine whether you have a case and discuss all of the options with you.

^conditions apply. Excludes third party costs
*Conditions apply

Learn more about our experience with work injury claims 

Our specialist work injury lawyers are here to help. If you've suffered an injury at work that has affected your physical or phychological wellbeing, we can chat about what options are available to you. 

It doesn't cost you anything to know where you stand 

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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.