Injury

Workers' Compensation

We Help...

When you have suffered an injury in the workplace, the process of making a claim can often be stressful and complicated. Our team of Injury Law Accredited Specialists will work with you to ease the burden of making a WorkCover claim and help you on the road to recovery:

  • We acknowledge that every client’s circumstances are unique and we tailor our approach based on your individual needs.
  • We help you with payment of wages and access to medical services. Our team will work collaboratively with you and your medical team to make things right and get you moving again.
  • We handle all the paperwork and problems and work with you to ensure that all issues are resolved as quickly as possible so that you can focus on recovery.
  • We offer client advocacy and case coordination to help you with access to services and funding within the community.
  • We will facilitate referrals to the most appropriate professionals best suited to your needs and will support you to attend medical appointments and other assessments.
  • We provide a holistic assessment of your needs and provide you with options for the future to ensure that you can move forward with confidence.

We Understand...

Ensuring that you have a lawyer that is experienced yet understanding, compassionate and accessible is important to every client. At Robinson Gill, we understand that seeking legal assistance can be a difficult decision. Our 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.

  • We understand that an injury in the workplace will impact your life in many ways and that your needs may change as your circumstances do. Our team is committed to providing a flexible and adaptive approach which will ensure that your ongoing needs are met throughout the claims process.
  • We appreciate that many clients find the WorkCover system difficult to understand and navigate. Our lawyers will 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.
  • We understand that it is important that you are kept up to date with the progress of your matter. Our lawyers will provide you with regular updates and remain accessible to you throughout your claim as part of our commitment to ensuring a client centred service.
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We Do...

WORKPLACE INJURY

Bringing a claim when you are injured at work can be a complicated and stressful process. You need a lawyer who will 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.

The Workers' Compensation scheme in Victoria is governed by the Workplace Injury Rehabilitation and Compensation Act 2013 and is managed by the Victorian Workplace Authority (VWA).

Any injury which is sustained during the ‘course of your employment’ is considered to be a workplace injury.


ENSURING YOU RECEIVE ALL ENTITLEMENTS

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 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.

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 an up to date Certificate of Capacity to the insurer. This will include your capacity to return to work as well as your ability to participate in any return to work plans.


NO-FAULT BENEFITS

No-fault benefits are payable to the injured person regardless of how the accident occurred irrespective of whether the person was at fault for the accident or not. They include payment of medical and related expenses; weekly payments of compensation; and impairment benefit.

Medical and related expenses

This includes payment for all ‘reasonable’ medical and related expenses (including rehabilitation expenses for treatment) a person receives for accident related injuries. Medical benefits continue for as long as the person needs treatment for their accident related injuries. They do not cease due to legal proceedings. Examples of medical benefits covered by WorkCover:

  • Ambulance and hospital services
  • Medical consultations including GP and specialist appointments and nursing services
  • Pharmaceuticals and pain management
  • Allied Health Therapies such as Physiotherapy, Occupational Therapy, Speech Pathology, Psychology and Counselling, Podiatry treatment
  • Home and Community Care services such as home cleaning and garden maintenance
  • Childcare services
  • Dental services
  • Equipment and Aids including prosthetics, hearing aids and mobility aids
  • Gym and Hydrotherapy programs
  • Home and vehicle modifications including ramps and shower rails
  • Integration support for school children
  • Travel related expenses including public transport, taxi related charges and personal kilometres travelled in a private vehicle
  • Meal expenses for long distance travel related to medical examinations
  • Respite care for families coping with a severely injured family member

Weekly Payments of Compensation

Providing you have a current Certificate of Capacity from your doctor, you may claim weekly payments of compensation for periods of work incapacity at a rate of 95% of your pre-injury average weekly earnings for the first 13 weeks. After the first 13 weeks, the rate of payment is reduced to 80% of your pre-injury average weekly earnings, generally for a period of up to 130 weeks.

In some instances, you may be able to claim weekly earnings payments beyond 130 weeks providing you can establish that you have no current work capacity and that this is likely to continue indefinitely. Some exceptions do apply and it is important that you seek legal advice to discuss what payments you may be entitled to.

Impairment Benefit

If you have an ongoing physical or psychological impairment you may be entitled to a lump sum payment. To receive compensation you must be assessed at 5% whole person impairment for musculoskeletal conditions, 10% for physical injuries and 30% for psychological injuries. This benefit does not impact upon your entitlement to weekly payments, medical and related expenses, or a common law claim. There is a strict six year time limit to apply for an impairment benefit.


COMMON LAW DAMAGES

Fault based benefits or ‘common law damages’ are payable to the injured person where someone else was at fault for the workplace accident. Damages include compensation for a person’s pain and suffering and loss of enjoyment of life as well as for loss of earnings and loss of earning capacity claimed if there is a demonstrated loss of earning capacity of 40% or more.

They are far more beneficial than an impairment benefit because the damages (compensation) are far more substantial than any impairment benefit generally is. However most, if not all, of the impairment benefit will be deducted from the common law claim.

In addition to someone being at fault for your injuries, to receive common law damages your injuries must also reach an impairment rating of 30% or more or you must have suffered a ‘serious injury’ and your compensable loss must be greater than $50,000.

A common law claim must be brought within six years from the date of the injury. This can only be extended in exceptional circumstances.

You should seek legal advice to discuss these options further.


CLAIMING THROUGH YOUR SUPER FUND

A range of benefits may be provided through your superannuation insurance. Super funds typically have three types of insurance for members:

Either the superannuation fund itself, or its own insurer will consider the claim and provide a compensation figure. Payment of the benefit is typically as a lump sum or periodic. It is important that you seek legal advice to discuss what payments you may be entitled to.


NO WIN, NO FEE

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.


Our People

Jodie Gerritsen

Accredited Specialist - Injury Law

Harry Gill

Accredited Specialist - Injury Law

Jeremy King

Accredited Specialist - Injury Law

Danielle Meyer

Accredited Specialist - Injury Law

Anna Vadaketh

Injury Law

Merys Williams

Injury Law

Jacinta Richards

Injury Law

Frequently Asked Questions

WHAT IS CONSIDERED TO BE A WORKPLACE INJURY?

Any injury which is sustained during the 'course of your employment' is considered to be a workplace injury.

WHAT SHOULD I DO IF I HAVE SUSTAINED A WORKPLACE INJURY?

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.

WHAT IF I DISAGREE WITH A DECISION MADE BY THE WORKCOVER INSURER?

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.

DO I NEED TO RETURN TO WORK IF MY EMPLOYER REQUESTS ME TO?

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.

WHAT TYPES OF PAYMENTS MIGHT I RECEIVE IF MY WORKCOVER CLAIM IS ACCEPTED?

WorkCover provides a range of benefits to people who are injured in a workplace accident. These include ‘no-fault’ benefits and ‘common law damages’.

CAN I MAKE A CLAIM THROUGH MY SUPER FUND?

A range of benefits may be provided through your superannuation insurance. Super funds typically have three types of insurance for members:

  1. Death cover (also known as life insurance) - Your beneficiaries receive a benefit if you die.
  2. Total and permanent disability (TPD) cover - You receive a benefit if you become seriously disabled and are unlikely to ever work again.
  3. Income protection (IP) cover - You receive an income stream for a specified period if you can’t work due to temporary disability or illness.

Either the superannuation fund itself, or its own insurer, will consider the claim and provide a compensation figure. Payment of the benefit is typically as a lump sum or periodic. It is important that you seek legal advice to discuss what payments you may be entitled to.

DO YOU OFFER ‘NO WIN, NO FEE’?

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.

Superannuation & total permanent disability claims

Need help with your disability benefits claim?

Robinson Gill Lawyers can provide you with specialised superannuation advice and help you through the claim process.

We can help

Our team of lawyers provide expert advice, with most holding Law Institute of Victoria Specialist Accreditation in the areas of Family Law, Personal Injury Law and/or Commercial Litigation.

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