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-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
post-claim.
Prioritising your care.
We appreciate that many clients find the WorkCover system difficult to understand and navigate.
Our team removes 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.
We can also assist 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.
You may be entitled to compensation when you incur an injury in the workplace. But receiving fair compensation can be complex.
Download our guide that visually describes the process of claiming WorkCover compensation.
Speak with a Senior Workplace Injury Lawyer.
Harry Gill.
Founding Principal.
Jeremy King.
Principal.
- Injury Law & Police Misconduct
- 03 9890 3321
- Email Address: j.king@robinsongill.com.au
Lisa Paul.
Principal Lawyer.
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.
Major Changes to WorkCover entitlements
Despite objections and in the face of recommendations published by an independent enquiry, the State Government passed the Workplace Injury Rehabilitation and Compensation Amendment Act 2024 on Wednesday 13 March 2024.
Video: Making a WorkCover claim – helping you through the process
In this short video, Lisa Paul provides background on the WorkCover claims process and sets out what you may be entitled to claim.
Exploring the Limits of an Employer’s Vicarious Liability
The High Court, in allowing the appeal in CCIG Investments Pty Ltd v Schokman [2023] HCA 21, refused to extend the application of vicarious liability for harm due to an unfortunate incident in employee accommodation.