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Workers’
Compensation Lawyers

We help you through the WorkCover claims process, helping you get the compensation you deserve.

Injured at work?

WorkCover is a type of insurance that covers workers who are injured at work or suffering a work-related illness.


Injured workers can claim compensation for their pain and suffering, loss of income and medical expenses, regardless of who is at fault for their injury.

Zaparas Lawyers understands how stressful and complicated making a workers’ compensation claim can be, our firm is here to assist you every step of the way.

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Who can make a Workers’ Compensation
claim in Victoria?

All Victorian workers who are employed on a full-time, part-time, or casual basis can make a claim. Interstate workers where the employers’ principal place of business is in Victoria can also make a claim.

What do I do if
I’ve been injured at work?

Report the injury or illness

It is important to report your injury or illness to your employer within 30 days of becoming aware of your injury or illness (No matter how minor the incident is). Make sure to keep any relevant information and documentation.

If it’s been more than 30 days since you became aware of your injury or illness, it is important to contact us and speak with one of our experienced WorkCover lawyers.

Consult your Doctor or Allied Health Practitioner


Consult your Doctor/Allied Health Professional to assess your injury and seek appropriate treatment.
Remember to advise them how you sustained your injury or illness.

NOTE: You must get a WorkCover certificate of capacity from your doctor if you’re unable to work and are making a claim for weekly payments. A medical certificate will not be enough to be paid under WorkCover. The initial certificate must be provided by your Doctor.

Lodge a WorkCover claim form – Contact us today


If you need to take time off work and/or require ongoing medical treatment due to your work-related injury or illness, you must complete and lodge a WorkCover claim form.
Zaparas lawyers can help assist you in lodging your WorkCover claim form and provide it directly to your employer free of charge. Having an experienced WorkCover lawyer present during this process can help ensure you maximise your entitlements. Call us today on 8527 0200 to set up a free consultation.


What WorkCover entitlements
are available?

Weekly Payments

If you cannot work due to your injury or illness (or have modified duties/hours) you may be entitled to weekly payments calculated by reference to your Pre – Injury Average Weekly Earnings (PIAWE).

Weekly payments are available for up to 130 weeks and in certain circumstances beyond 130 weeks to retirement age.

Medical and Like Expenses

WorkCover can pay for medical treatment that is reasonable and related to your work-related injuries. These can include:

  • GP appointments
  • Hospital expenses
  • Medical expenses
  • Surgery
  • Rehabilitation expenses (includes physiotherapy or other allied health services)
  • Travel expenses
  • Personal and home help services
  • Radiological scans and other investigations
Impairment benefits
  • After 12 months and when your injury is stable (not getting better or worse) you may be entitled to claim a lump sum impairment benefit.
  • A lump sum is payable if your injuries meet or exceed a particular threshold.
  • The threshold differs depending on if your injury is physical or psychological.
Common Law Entitlements

If your injury is considered ‘serious’ and the injury was caused as a result of someone else’s negligence or fault, you may be entitled to Lump Sum Compensation payment for pecuniary loss into the future (Loss of Income) and general damages for pain and suffering.


When should I consult a Workers’ Compensation Lawyer?

If you have sustained a new injury and/or illness, or a pre-existing injury or illness has been aggravated or has worsened because of the nature of your work, you may be entitled to workers’ compensation.


Without representation, many workers are unaware of their rights and potential entitlements. Workers are often unaware of their rights to dispute decisions from the insurer or the time limits within which such decisions can be opposed.


Zaparas Lawyers understands how stressful and complicated making a workers’ compensation claim can be, our firm is here to assist you every step of the way.


We offer a free no obligation appointment.


You should lodge your WorkCover claim within 30 days of your injury, or as soon as you’re able to.


If your claim is lodged after 30 days, it may still be accepted. WorkCover has the ability to waive or extend this time limit. If WorkCover reject your claim on this basis, please contact us as soon as possible.


Obligation-free
appointments

We get to know your story and understand your circumstances.

Home or hospital
appointments

If you can’t come to us, we can come to you.

Case
management

We advocate for your rights and manage discussions with the insurance companies.

Keep you
updated

Our team will regularly update you about the progress of your claim.

No Win,
No Fee

In the unlikely event that we don’t secure compensation for you, we will not charge you for any of our professional fees.

Why Zaparas Lawyers?

At Zaparas Lawyers, we have over 40 years of experience in Workers’ Compensation Claims. Our WorkCover Lawyers will be able to maximise the benefits you receive.


Every claim is important to us. Our dedicated team of WorkCover specialists will approach your claim with skill, knowledge, and care. Your file will be conducted by a lawyer who specialises and has experience in WorkCover claims.


Our dedicated WorkCover Lawyers can guide you through the process and help make a claim for a benefit at the time you need it most.


We are committed to doing everything in our power to make the legal process as straightforward and stress-free as possible and we will fight to get the best outcome.


We have offices all over Melbourne.


We’ve seen how traumatic and life-changing an injury can be, so we understand how important it is that you don’t have to worry about the financial side of your claim.


Learn More About No Win – No Fee


We are a family business – and we will treat you as one of our own.


Contact us today for a free, no-obligation appointment.

Learn More About Our Fees


Award-winning law firm multiple years in a row.

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FAQs

What sort of benefits could I be eligible for?

Medical and like expenses

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

Weekly payments

Weekly payments are 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.

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 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 injury has occurred over a period or I have a recurring 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.

When can a contractor be considered as a worker under the WorkCover legislation?

In some circumstances an individual contractor working under a contract of service may be considered a “worker” under WorkCover legislation, and therefore be entitled to claim WorkCover compensation.

In considering whether a contractor is a “worker” for the purpose of the WorkCover legislation, the Court may apply several tests which include the:

  • control test;
  • integration test;
  • results tests; and
  • risk test.

These tests involve consideration of the following factors:

  1. Whether the individual performs work under the direction and control of another including:
    1. The location/s of where to work;
    2. The tasks to be completed; and
    3. The times to complete the tasks.
  2. Whether the individual can subcontract or delegate the contracted work, or otherwise pay for someone else to undertake the work;
  3. Whether the individual supplies most or all of their equipment and tools to complete the work, or whether the business who engaged the individual supplies these items to the individual;
  4. Whether the individual is considered to be operating independently, or is considered to be part of the business that engaged the individual;
  5. Whether the individual is presented to the public as part of the business that engaged the individual, e.g. by wearing the uniform of the business and/or driving a vehicle with the logo of the business;
  6. Whether the individual has an ongoing role with the business or was hired to produce a specific result or perform a specific task;
  7. How the individual is paid – e.g. paid based on completion of a specific task or production of a result or paid regularly irrespective of the task/s completed or results achieved; and
  8. Whether the individual has an ability to make a profit or loss from the performance of their duties

Incorporated contractors and contractors as natural persons in certain circumstances can be deemed to be  workers under the WorkCover legislation, and therefore claim WorkCover compensation if they meet one of the factors mentioned above.
To determine if a contractor is a worker under the WorkCover legislation, the contractual relationship between the contractor and the business that hired them is assessed under the general contractor provisions.

An individual is deemed to be a worker of the hirer if all the following criteria are met

  • The provision of materials or equipment is not the principal object of the arrangement;
  • At least 80% of the work is performed by the same individual; and
  • At least 80% of the contractor’s overall services income in the relevant period is earned from the hirer.
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?

Being specialists in personal injury claims, we know how hard it can be to navigate the legal process, but it can be even harder when English is your second language. That’s why we employ a diverse group of people who speak over 15 different languages to make the process as smooth as it possibly can be.

If we don’t have a lawyer who can speak your language, we also have access to a wide network of professional interpreters, meaning we’re here to help you every step of the way in a language that you understand.

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 over 40 years Zaparas Lawyers has fought cases on a ‘No Win, No Fee’ basis. In simple terms, this means that in the unlikely event that we don’t secure compensation for you, we will not charge you for any of our professional fees.

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.

I sustained an injury whilst volunteering, am I entitled to WorkCover?

WorkCover statutory benefits compensation is generally only available to workers. This means volunteers are not entitled to WorkCover compensation unless they are deemed a worker under an Act of Parliament.

If you are a volunteer or someone who assists a government agency in accordance with one of the below Acts of Parliament and are injured whilst carrying out relevant duties then you will be entitled to statutory WorkCover compensation:

  • Country Fire Authority Act 1958 (casual fire fighters, including volunteer officers and members and volunteer auxiliary workers)
  • Education and Training Reform Act 2006 (volunteer school workers or volunteer student workers)
  • Emergency Management Act 1986 (volunteer emergency workers)
  • Juries Act 2000 (jurors)
  • Police Assistance Compensation Act 1968 (PAC Act) ( volunteers assisting police officers)
  • Victoria State Emergency Services Act 2005 (voluntary registered and probationary members of the Victoria SES)

Volunteers in prisons and offenders working or participating in a program under a Correctional Order are deemed workers employed by the Crown and thereby entitled to statutory WorkCover compensation.

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