Everything you need to know about WorkCover claims in Victoria

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 our Victorian Work Accident Injuries team to explain your rights.

How do you know if you have a work injury severe enough to make a WorkCover 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 some mental 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 work injury  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.  At the end of the day, that is what insurance is for. 

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

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 work injury claims themselves and then don’t access their full entitlements.

Our specialist WorkCover lawyers explain how the scheme works and provide individualised 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 work injury 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 WorkCover claim in Victoria 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.

What are the types of work injury compensation claims that you could make?

There are three main work injury claims that you can make in Victoria:

1. A 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 for help with your WorkCover claim?

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 whether you're eligible to make a WorkCover 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 work injury claim. We will be able determine whether you have a case and discuss all of the options with you.

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