When you have suffered an injury in the workplace,
the process of making a claim can often be
stressful and complicated.
Any injury which is sustained during the 'course of your employment' is considered to be a
workplace injury. Our team of injury lawyers will work with you to ease the burden
of making a WorkCover claim and help you on the road to recovery.
Getting you back on track after a workplace injury.
Seeking legal assistance can be a difficult decision. Our Box Hill and Melbourne-based team is dedicated to ensuring that you feel supported at all stages of the legal process and will work with you to obtain the best possible outcome.
An injury lawyer should help you alleviate the stress and difficulty of resolving compensation claims so that you can concentrate on getting better. We work collaboratively with your medical team, handle the paperwork and ensure you have access to services to make things right and get you moving again.
Our goal is to help you and your family throughout the process and make sure that you're in a strong financial position
We've made an investment in your care.
Our legal team is supported by Client Care Coordinators (CCC's) who are tasked with being your advocate. Our CCC's are former nurses and have built an amazing network of specialists they can refer you to and provide additional services by attending medical appointments and other assessments with you.
We appreciate that many clients find the WorkCover system difficult to understand and navigate.
Our team remove this complexity by providing you with information relevant to your circumstances that is simple and easy to understand so that you can make informed decisions with confidence.
You (or your family member) will receive help with medical paperwork and any problems to ensure that all issues are resolved as quickly as possible so that you can focus on recovery.
Finally, we can help you with payment of wages and access to medical services.
Our injury law team offers 'no win, no fee' in most injury matters. We offer all our new clients a no cost and obligation free first appointment and would be happy to discuss how we can assist you further during this time.
Entitlements from WorkCover and beyond
An injury in the workplace will impact your life in many ways and your needs may change as your circumstances do.
WorkCover provides a range of benefits to people who are injured in a workplace accident. These include 'no-fault' benefits and 'common law damages'.
There are also potential avenues to make a claim through your superannuation fund.
What are the next steps?
- You should advise your employer as soon as you become aware that you have sustained a workplace injury or illness.
- You must then complete a WorkCover claim form and give it to your employer as soon as practical. Your employer will then submit the form to their WorkCover insurer within ten business days. The WorkCover insurer has 28 days from the receipt of the WorkCover claim to accept or reject the claim.
- If you disagree with a decision made by the WorkCover insurer, you are able to contest the decision through the Accident Compensation Conciliation Service (ACCS). An application with the ACCS should generally be lodged within 60 days of the date of the insurer's decision. You should seek legal advice if you have received a decision from the WorkCover insurer which you disagree with.
Speak with a Senior Workplace Injury Lawyer.
Our Melbourne-based Workers Compensation Principals are all Accredited Specialists of the Law Institute of Victoria. The first consultation is always free and you’ll never incur any costs without explicit agreement.
You may also need to consider:
A potential return to work date and plan.
Decisions regarding your capacity to return to work should be guided by your treating doctor.
Your doctor should regularly assess your capacity to work and provide up to date Certificates of Capacity to the WorkCover insurer.
This will include your capacity to return to work as well as your ability to participate in any return to work plans.
Only once your treating doctor has stated that you are able to return to work on full or modified duties should you return to work.
An additional claim through your Super & TPD insurance
If you have a superannuation policy that includes cover for workplace injuries, you may be entitled to additional compensation.
Update your will
After a workplace injury event, it can be wise to update your will (or draft your first will). Our Wills team can offer you a complimentary review of your will. Bring it your first appointment or use our online tool and have it reviewed by a lawyer.
Resources & FAQs
Answers to common questions in
relation to the expertise.
Ms Attanayake’s lodged a WorkCover claim for anxiety and depression caused by sexual harassment, bullying and threats during her work.
Traditionally people injured at work need to call and write to an insurer (often multiple times) when seeking access to an entitlement.
It has been established practice in serious injury applications that Medical Panel Certificates of Opinion are tendered, but that the Reasons are not.