Global search
Within 30 days of becoming aware of your injury, notify your employer and record it in the workplace injury book. Ensure you request and keep a copy of the incident report.
 | No Win, No Fee claims |
 | Client-focused support |
 | Offices across Victoria |
No Win, No Fee claims
Client-focused support
Offices across Victoria
What you'll find on this page:
Our experienced WorkCover lawyers understand that being injured at work can be overwhelming. With decades of experience handling Victorian WorkCover claims, we provide expert guidance through the claims process and are committed to securing the compensation you’re entitled to. Our No Win, No Fee policy means you only pay legal fees if we win your case.
Expert WorkCover lawyers supporting injured workers in Victoria
If you've been injured at work in Victoria, you need experienced legal support to navigate the WorkCover system effectively. Our expert team understands Victoria's workers' compensation laws and recent legislative changes, ensuring you receive the guidance necessary to protect your rights and entitlements.
A step-by-step guide to making your workers’ compensation claim in VIC:
1. Report your injury
2. Get medical treatment
See your own doctor for a WorkCover medical certificate or a certificate of capacity if you need time off work. You have the right to choose your own treating doctor.
3. Complete the claim form
Fill out a Worker's Injury Claim Form. These are available from your employer, WorkSafe Victoria or from our WorkCover lawyers.
4. Submit your claim
Give your completed claim form and medical certificate to your employer, ensuring they sign and date it.
5. Keep records
Keep copies of all documents and note when you submit them.
6. Track progress
Your employer must forward your claim to WorkSafe within 10 days, and WorkSafe has 28 days to accept or reject it. *Unless your employer is self-insured where your employer has 28 days to make a decision once the claim form is received.
No Win, No Fee* WorkCover claims
Our 'No Win, No Fee'* policy means that if we don’t win, you don’t have to pay our legal fees.
Injured at work?
Use our free online claim check tool and find out in minutes if you're eligible for workers' compensation.
Types of WorkCover claims we handle
- Physical injury claims
- Occupational disease claims
- Mental health claims
From workplace injuries to serious accidents, we help workers claim compensation for medical expenses, lost wages, and rehabilitation costs. This includes injuries from specific incidents or conditions that develop over time.
Our workplace illness lawyers assist workers with claims for diseases caused by workplace exposures, including:
- Mesothelioma and asbestos-related conditions
- Silicosis
- Occupational cancers
- Industrial asthma and respiratory conditions
Workplace injuries are not just physical. We support injury claims for mental and psychological health conditions. From 31 March 2024, a mental injury claim must meet all of the following criteria to be eligible:
- A mental health condition diagnosed by a medical practitioner (General Practitioner or Psychiatrist) in accordance with the Diagnostic Statistical Manual of Mental Disorders.
- The mental injury causes significant behavioural, cognitive, or psychological dysfunction.
- Employment is the predominant cause of the injury, and
- The injury must not be caused by stress or burnout, which are reasonably expected to occur during your duties.
Learn more about psychological injury claims.
Any Questions? Check out our FAQ.
Your WorkCover entitlements
Depending on your situation, you may be entitled to weekly payments, coverage for medical and like expenses , and lump sum compensation.
Weekly payments
- First 13 weeks: 95% of your Pre-Injury Average Weekly Earnings (PIAWE)- an average usually of what you earned in the 12 months prior to your injury.
- 14-130 weeks: 80% of PIAWE
- Beyond 130 weeks: Continued payments require meeting specific criteria, including having a whole-person impairment greater than 20%.
Medical or like expenses cover
Available to help cover costs related to your treatment and managing your injury, including:
- Medical treatment
- Hospital expenses
- Rehabilitation services
- Travel costs
- Home help services
- Home modifications
- Medication
- Medical aids
Lump sum compensation
Available for permanent impairment, subject to:
- Minimum impairment thresholds
- Independent medical assessment
- Specific calculation methods based on injury type and severity
What is a certificate of capacity, and why do you need it?
A certificate of capacity is an official medical document essential for workers' compensation claims. It outlines your injury or illness, work capabilities, and any specific limitations that affect your ability to work.
When you need a certificate of capacity
You must obtain a certificate of capacity if:
- You're claiming weekly compensation payments
- Or you cannot perform your pre-injury employment and are on a return-to-work plan
Note: You won't need a certificate if you're only claiming treatment expenses.
Obtaining and managing your certificate of capacity
Medical practitioners can issue these certificates and will typically:
- Assess your condition and work capacity
- Potentially contact your employer to understand your role
- Collaborate with return-to-work coordinators, rehabilitation providers, and WorkSafe
It is important to note that you are not required to have your employer, an insurer, or a third party attend your medical appointments.
Types of certificates of capacity
This first certificate must come from a medical practitioner (not a psychologist) and is valid for up to 14 days unless special circumstances are specified. It establishes the foundation for your claim and initial treatment plan.
These follow-up certificates are more flexible:
- They can be issued by medical practitioners, physiotherapists, chiropractors, or osteopaths
- They are valid for up to 28 days
- They may be extended with WorkSafe approval
These confirm your attendance at treatment sessions and should not be confused with certificates of capacity, as they serve a different purpose.
If receiving payments while overseas, you must provide:
- A valid medical certificate
- A statement of identity (signed and witnessed by your healthcare provider)
These certificates must be renewed every three months.
For mental health-related claims, medical practitioners must include:
- A formal diagnosis using the current Diagnostic and Statistical Manual of Mental Disorders
- Documentation of any significant behavioural, cognitive, or psychological dysfunction
The certificate system ensures proper coordination between healthcare providers, employers, and support services to facilitate recovery and a successful return to work. It serves as the cornerstone for accessing necessary support services and effectively managing injury or illness in the workplace.
Our lawyers will work with you through every step of the process
Take the first step towards justice and support. Our team of dedicated WorkCover lawyers are here to listen to your story and provide expert legal assistance and support.
Contact us today for a confidential, no-obligation consultation.
Need to speak to us sooner? Call us on 1800 111 222
Australia’s #1 plaintiff law firm
No Win, No Fee
Client-focused support
Contact our expert WorkCover team
Why Maurice Blackburn for your WorkCover claim?
Our Victorian team has extensive experience in workers' compensation law and a proven track record of successful claims. We offer:
Proven expertise in WorkCover claims
With decades of experience handling Victorian WorkCover claims, we understand the system's complexities and how to maximise your entitlements.
Client-focused support
We provide compassionate, personalised support throughout your claim, ensuring you understand your rights and options at every stage. Our empathetic lawyers and legal support team understand the stress involved in bringing a claim and help carry the burden so you can focus on your treatment and recovery.
No Win, No Fee guarantee
Our No Win, No Fee arrangement means you can pursue your claim without financial pressure, paying legal fees only if we win your case.
We have
over 2,700
five-star reviews
FAQs about Victorian WorkCover claims
You must notify your employer of an injury within 30 days and should lodge your claim as soon as possible after the injury occurs.
Yes, you have the right to choose your treating doctor and don't have to use a company-nominated physician.
You have 60 days to dispute a rejected claim through the Workplace Injury Commission. Our lawyers can help you through this process.
No, it's illegal for employers to terminate your employment or discriminate against you for making a WorkCover claim.
WorkSafe must decide within 28 days of receiving your claim. If no decision is made within this time, your claim is deemed accepted.
Get started with your WorkCover claim today
Get in touch with Maurice Blackburn's WorkCover lawyers for a free and confidential initial consultation. Our experienced team will help you understand your rights and guide you through the claim process.
Visit one of our Victoria offices or call 1800 111 222 to speak with our expert WorkCover team today.
/Client_Testimonial_60x60px_border_suzanne_V2.png)
Read more about WorkCover claims
/a damaged knee and a fight for justice.jpg)
Workplace injury
Matthew’s story: a damaged knee and a fight for justice
/when-your-workplace-is-the-road-thumbnail.jpg)
Workplace injury
Keeping Victorians safe around road sites
/vicky-story-i-wont-ever-work-again-thumbnail.jpg)
Workplace injury
Vicky’s story: “I won’t ever work again”
/unfair-reduction-one-injured-worker-fight-for-fair-compensation-thumbnail.jpg)
Workplace injury
Unfair reduction: One injured worker's fight for fair compensation
Office locations
We’re here to help. Get in touch with your local office.
Select your state below
- VIC
- QLD
- NSW
- ACT
- WA
- SA
- TAS
- NT
We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, 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.