What is WorkCover?
WorkCover is a type of insurance that pays compensation when a worker is injured in the workplace. It may be known as WorkCover or WorkSafe depending on which state or territory you're in, or referred to as workers' compensation. The work injury laws, benefit schemes and entitlements also vary between states and territories.
Understanding what eligibility and what insurance scheme applies in your state, and ensuring you get everything you're entitled to, can be a complicated and involved process, so it's best to seek legal advice as soon as possible.
Who can make a WorkCover claim?
WorkCover workers’ compensation scheme covers injured employees, including:
- full time workers
- part-time workers
- casual workers
- subcontractors (in most cases).
Employees of the Commonwealth and ACT governments—and of some large national employers—may be able to claim under the Federal ComCare scheme.
Whichever system you’re covered by, if you’ve been injured at work, our expert work injury lawyers are here to help you get the compensation you're entitled to.
Am I eligible to make a WorkCover claim?
You may be eligible to make a workers’ compensation claim through WorkCover if you’ve been physically injured at work, or if you've experienced psychological or mental health injuries at work. You may be able to claim for injuries sustained during a normal recess, such as lunchtime or morning and afternoon tea breaks, or while working from home.
You may also be able to make a WorkCover claim if any pre-existing injury, psychological condition or disease has recurred, been aggravated, accelerated, exacerbated or deteriorated by your work. Injuries including cancers, strokes, asthmas, heart conditions and degenerative conditions are often made worse by employment.
How do I make a WorkCover claim?
Before we can help you get the most out of your work injury claim, there are a couple of things you need to prepare first:
- Make sure you've reported your injury to your employer.
- Obtain a medical certificate. In most states this is called a WorkCover certificate, which you can obtain from your usual doctor.
- Lodge your application for compensation with WorkCover or the relevant insurer. This step gets the claim started. If WorkCover is the insurer, the claim can be lodged with them online, over the phone, your doctor may lodge it for you or you can obtain a claim form from WorkCover. It's a simple process.
Make sure to keep copies of both the claim form and the medical certificate before you give the originals to your employer or workers' compensation insurer.
Once you have reported your injury, received a medical certificate from your doctor and lodged your application form, it's important to speak with an experienced WorkCover lawyer.
How can Maurice Blackburn help me with my WorkCover claim?
Our team of WorkCover lawyers have exceptional expertise in workplace injury law, a strong history of successful cases and a full suite of legal services we can draw upon to help you in any circumstance. We understand the nuances of WorkCover schemes in each state and territory and can help give you the best chance of making a successful claim.
There's also no guarantee that your insurance company will tell you about all the compensation you're entitled to, so it's important to have experienced legal support to ensure you receive all the benefits to help your recovery and reduce the financial pressures a workplace injury brings. Our team will take care of the entire legal process on your behalf. Get in touch with our dedicated WorkCover lawyers, we can guide you through the process of making a successful WorkCover compensation claim.
More frequently asked questions about WorkCover compensation
Yes, WorkCover is the name of a worker’s compensation insurance scheme in many states and is commonly referred to as workers' compensation.
Time limits vary under the different state and federal laws.
It's important to report your injury to both your work and workers' compensation authority as soon as possible - usually within 30 days - once you've become aware of your injury. The actual legal process may take up to several years, especially if you have to wait for injuries to stabilise.
It's important that you talk to a WorkCover claims lawyer to understand your rights.
The compensation and benefits you may receive vary greatly depending on your injury and on the the law you're covered by. You may be compensated for:
- all medical expenses
- lost income
- any damages incurred now or in future as a result of your injury
- medical, hospital and nursing
- personal and household
- ambulance services.
Expenses to treat your injury such as doctors, chemists, physiotherapy and chiropractic bills are also covered. Your workers’ compensation authority may also approve payment for attendant care, modifications to your home or car, domestic help and transportation costs.
We understand that claiming workers’ compensation can be a complicated and involved process—especially when you're sick or injured. It’s our mission to ensure you get your full compensation payout to help you get back to being you as soon as possible after your workplace injury.
The amount will depend on your impairment level, date of injury, and the law that covers your workers’ compensation.
You may receive payments that are equal to a percentage of your weekly earnings, along with payment for all reasonable medical and associated expenses. You can claim a lump sum in cases where the injury has caused permanent impairment.
A workers’ injury lawyer can help you assess your claim, based on the details surrounding your injury. Our team specialises in these claims, so they are familiar with what you're going through and understand your needs. Get in touch today.
Why Maurice Blackburn?
Our personal injury and compensation lawyers are dedicated to protecting the rights and entitlements of you and your family.
We’re here to help. Get in touch with your local office.
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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.