WorkCover

Injured at work?

Everyone has the right to go to work expecting to return home without injury, but we all know that sometimes, accidents do happen.

That’s why the government introduced the WorkCover scheme which allows for injured workers to be compensated for their medical expenses and loss of income, as well as potentially pain and suffering

Our extensive knowledge of workers compensation law gives us the expertise to maximise any benefits that you’re eligible for. This could be for an accident that was sudden, occurred gradually or is an old injury or problem that has got worse over time. 

When we first meet, we’ll take as much time as you need to find out exactly what happened, how it’s affected your life, and what your current concerns are. This will enable us to outline all your rights and accurately assess your compensation entitlements. By working this out early on, we’re able to start a legal process that allows you to claim your rightful compensation. Compensation that can change your life. 

FAQs

What sort of benefits could you be eligible for?

Medical and like expenses

Necessary expenses such as doctors, medications, and conservative and operative treatments.

Weekly payments

Often payable when a worker is unfit for work due to a work-related injury. Even when a worker’s entitlement to weekly payments is terminated by the WorkCover insurer, it is possible to have the decision overturned on appeal.

Lump sum payments / Common law

When a worker sustains a permanent injury they may be entitled to lump sum compensation. This may be via a Section 98C Impairment Benefit or a Common Law settlement requiring proof that a worker has sustained a serious injury caused by the employer’s negligent conduct. Either way, Zaparas Lawyers will efficiently access the greatest compensation to which an injured worker is entitled.

I have a work injury, what can you do to help me? What can I expect?

We specialise in helping injured workers. Over the years, we have successfully assisted many workers achieve their rights under Workers Compensation. You can expect that all resources will be invested into your claim without any regard to complexity, difficulty or cost.

What does WorkCover entitle me to?

Irrespective of how your injury occurred, if you are injured at work you could be entitled to a number of benefits. Under the Statutory WorkCover scheme you are entitled to financial benefits which are ‘no fault’ benefits paid by the WorkCover insurers’. These include:

  • Payment of weekly compensation when you are unable to work due to injury;
  • Payment of medical and like expenses; and
  • A lump sum for a permanent injury.

What if my work is not the sole factor contributing to my injury?

If you have been injured at work, or believe that your work contributed to your injury, then you may be entitled to receive the above WorkCover Statutory entitlements.

The above WorkCover Statutory entitlements do not require fault and therefore your work does not have to be the sole factor that resulted in your injury.

What if my injury occurred over a period of time? What if my injury is old?

If your injury happened over a period of time you still have the same rights under the WorkCover Statutory Scheme.

There are some Statutory time limitations in making your WorkCover Claim, therefore we recommend you come in and see one of our WorkCover specialists as soon as possible.

I have an injury, what should I do next?

Make an appointment to see one of our WorkCover specialists who will happily answer all of your questions and give you a detailed step-by-step explanation of your WorkCover rights.

What do I need to bring along to my consultation?

It is most beneficial that you bring all relevant documentation you have, such as completed claim forms, letters from the Insurer and your employer, medical reports, radiological investigations and any other documents that may be relevant.

English is my second language? Are you able to provide an interpreter?

Our firm has a diverse and multicultural team comprising of lawyers and law clerks who speak different languages including: Greek, Cantonese, Mandarin, Serbian, Croatian, Bosnian, Macedonian, Turkish and Singhalese. We also have a network of the very best interpreters who can attend interviews and appointments free of charge to our clients.

How much will I pay in legal costs?

When an injury is sustained, it is not only a traumatic and often life changing experience, it often causes great financial strain to the injured party and their family. This is why for 36 years Zaparas Lawyers has fought cases on a ‘No win, No charge’ basis. In simple terms, this means that you do not pay anything unless you win your case.

Whilst receiving WorkCover benefits, can I claim any other insurance benefits?

You may also be entitled to other claims such as:

  • Total and Permanent Disablement or Permanent Incapacity claims within your Superannuation Scheme;
  • Income Protection Claim; and
  • Incolink. 

These schemes are dependant on your unique policy and they all hold various and specific requirements that need to be satisfied.

Can I Claim?

Is there a connection to Victoria?

x

Is there a connection to Victoria?

The injury can occur outside of Victoria however a connection to Victoria needs to be established by showing that:

  • Victoria is where the worker normally works;
  • The worker's employment is usually based in Victoria; or
  • The employer's principal place of business is located in Victoria.

Interstate legislation applies -
seek legal advice

Are you a 'worker'?

x

Are you a worker?

You can be classified as a worker in a number of situations:

  • If an employer has engaged you to perform work at their direction (note: a contract of employment can be written or oral).
  • Contractors are workers if at least 80% of the work is performed by the same individual and at least 80% of the income earned is from the same hirer.
  • Volunteer employees are usually workers.
  • Work experience students are usually workers.
  • Owner drivers are considered employees of the hirer for example couriers.
  • Taxi drivers who are required to make payments to the operator of the vehicle are employees of the operator.
  • Directors / self-employed persons can be workers if they perform the work of an employee and can lodge a WorkCover claim against their own company.

MAY not be an accepted claim
- Seek legal advice

Was the worker injured
in a car accident?

Is the injury connected to their employment?

x

Can a connection to employment be established?

There needs to be a causal link between employment and the injury.

  • There is no need to show that the injury was the employers fault
  • The injury needs to arise out of employment, that is, employment was a significant contributing factor to the injury.
  • The injury needs to occur in the course of employment and include work or services that the worker is required to perform or anything incidental to work. Incidental to work can include:
        Travelling for the purposes of work;
        Parking your vehicle;
        Conferences and work functions;
        An authorised recess e.g.. lunch break; and/or
        Attendance at a school/training for the purposes of work.

MAY not be an accepted claim
- Seek legal advice

Was the car accident connected
to their employment?

x

Workcover or TAC?

  • The TAC covers workers who are injured in a transport accident on a journey to or from work.
  • WorkSafe covers workers who are injured in a transport accident during the course of work, including during an authorised recess from work such as a lunch break.

Lodge a TAC claim -
see TAC information

Do any exclusions apply?

x

Are there any exclusions to lodging a WorkCover claim?

  • If you are not a worker (see 'Are you a Worker' information).
  • If there is no connection to employment (see 'Was the worker injured in a car accident' information).
  • If the injury is deliberately self-inflicted.
  • If the injury occurs due to the workers serious and deliberate misconduct.
  • If pre-existing injuries were not disclosed when the employer requested such information in writing.

MAY not be an accepted claim
- Seek legal advice

Has the claim been lodged correctly?

x

Requirements in lodging a claim

  • Notice to the employer should be given within 30 days of becoming aware of injury, however the claim can still be accepted if this does not occur.
  • The claim should be lodged as soon as practicable after injury becomes known.
  • The claim form must be submitted to the employer or Worksafe.
  • If a claim is made for lost wages then a certificate of capacity must be submitted with the claim form and every 28 days thereafter.

Accepted WorkCover claim

x

What are a worker's entitlements once they have an accepted Workcover claim?

  • Medical and like expenses such as doctors, medications, and conservative and operative treatments.
  • Weekly payments when a worker is unfit for work due to a work-related injury. Even when a workers entitlement to weekly payments is terminated by the WorkCover insurer, it is possible to have the decision overturned on appeal.
  • When someone sustains a permanent injury they may be entitled to lump sum compensation. Regardless of whose fault the accident is, they may be entitled to an impairment benefit. In addition to this, if the work injury was caused wholly or partially by the employers negligence and the worker has sustained a serious injury, the worker may be entitled to make a larger claim for pain and suffering and economic loss.

MAY not be an accepted claim
- Seek legal advice