No Win - No Charge

Workcover Injury Lawyers

    Injured at work?

    WorkCover is a compulsory form of insurance that Australian employers must carry. It is insurance that is set up to protect you as an employee in the event of an injury or illness related to work. WorkSafe is the WorkCover Authority in Victoria and its role is to carry out safety inspections and prosecute businesses that don’t meet workplace health and safety standards.

    WorkSafe, through its nominated insurers, known as Agents, administers the insurance scheme in Victoria. The WorkCover insurance scheme is overwhelming for injured individuals. Every situation is different and that’s why you should speak with a skilled compensation lawyer before you submit a WorkCover claim in Victoria. 

    At Zaparas Lawyers, our Victoria WorkCover lawyers are experts in Victoria-specific workers compensation law. We’ll be able to maximise the benefits you receive, giving you and your family peace of mind.
    Find out more about WorkCover in Victoria and how Zaparas can help.

    Doyles Leading Work Injury Compensation Lawyers (Plaintiff) – Victoria, 2016, 2017, 2018 and 2019

    Doyles Recommended Work Injury Compensation Lawyers (Plaintiff) – Victoria, 2018 and 2019

    • Doyles 2016 Leading
    • Doyles 2017 Leading
    • Doyles 2018 Leading
    • Doyles 2018 Recommended
    • Doyles 2019 Leading
    • Doyles 2019 Recommended

    How Does WorkCover Work in Victoria?

    In Victoria, there is a specific process that needs to be followed to ensure you will be able to successfully claim WorkCover and receive the proper amount of compensation. At Zaparas Lawyers, our specialist WorkCover lawyers in Victoria can help give you the right advice when you make your compensation claim. 

    Of critical importance is that you report and record any workplace injury or incident that happens. 
    Report and Record Incidents & Injuries

    1. Report to Emergency Services

    It is important that in the event of a workplace accident or injury that people are safe. If there is any immediate danger or serious injury it should immediately be reported to emergency services on 000. 

    2. Report to WorkSafe

    WorkSafe must also be contacted within 48 hours of the incident. However, there does not need to be an immediate injury for an incident to be reportable. If there is the possibility of an incident that can result in injury or illness, an incident needs to be reported as well. Incidents can be reported immediately by phone using WorkSafe’s 24/7 emergency number and must be reported in writing (online is best).

    It is important that all types of incidents and injuries are reported. Some examples of these include:

    • Incidents resulting in death
    • An employee needing medical treatment within 48 hours of being exposed to a substance
    • An employee needing immediate treatment as an in-patient in a hospital
    • An employee needing immediate medical treatment for injuries, including amputation, serious head or eye injury, electric shock, serious lacerations etc.
    • The collapse of a building or structure
    • Explosive incidents
    • Dangerous goods incidents (escape, spillage or leakage of any dangerous substance)
    • Interruption of the main system of ventilation (mines etc.)
    • Objects falling from high places
    3. Report to your workplace Register of Injuries

    Your workplace is also required to have a Register of Injuries. This is where the particulars of every injury are recorded and stored. Employers are required to keep a record of this form for 5 years.

    If you experience an incident or injury and are not sure whether it is being reported and recorded, ask your employer. Every employee should have easy access to the Register of Injuries.

    Following the above reporting and recording procedures means that there is indisputable proof that the incident and/or injury took place. It becomes even more important when the claim is for an illness or a developed condition that presented sometime after the incident. 

    Every workplace incident and injury are different and that is why it is important to seek legal advice. Our lawyers in Epping, Oakleigh, Cranbourne, Werribee, SunshinePreston and Bendigo can assist in advising you on a no win no charge basis. This means that, if we don’t obtain compensation for you, you don’t have to pay legal fees.


    Make a Claim

    All workers in Victoria are eligible to make a claim – whether full time, part-time, casual or even qualified self-employed workers (if you pay into the scheme). When a claim is accepted, you may also make a common law claim against your employer for negligence. In some cases, injuries occurring outside the workplace may be covered (e.g. travelling to work, conferences, training sessions). It is important that you receive a worker’s compensation medical certificate and keep official records of all your injury-related expenses.

    If you have been injured in a work-related accident, you may be able to claim items such as:

    • Weekly payments for time lost from work
    • Medical and hospital expenses
    • Non-medical expenses that you are forced to incur, such as hiring a gardener or cleaner because you can no longer perform certain domestic tasks
    • Superannuation benefits if the accident or incident resulting in permanent impairment or inability to work 
    • Rehabilitation
    • Stress leave. This can sometimes be more difficult to claim for – Zaparas can help you through this process to increase the likelihood of your claim being accepted.

    No matter which type of claim you are making, you need to fill out the injured worker’s claim form and lodge it with your employer. 

    Your employer or another party may tell you that you are only eligible for one or the other, or no coverage at all. Always make sure to get the opinion of an experienced compensation lawyer like those at Zaparas Lawyers, to ensure you access the full range of entitlements you deserve. This is also true if you’ve already submitted a claim that has been rejected – we can help you with the review process and seek to get the decision reversed.


    Best WorkCover Lawyers in Melbourne & Victoria

    At Zaparas Lawyers, we have years of experience in compensation law. We take the time to go through your specific case with you, assessing both what has occurred and what your needs are. With all the information in hand, we are able to put together a plan that maximises your benefits – including lost income, medical expenses, and where applicable, damages for lost wages and pain and suffering. Thanks to our 'No Win No Charge' policy, you need not worry about how to afford top-notch legal representation. If we do not win your case, you do not pay us a cent. To find out how our Melbourne WorkCover lawyers can get you the benefits you deserve, contact us today.

    What we offer

    Workers Compensation Step 1
    Workers Compensation Step 2
    Workers Compensation Step 3
    Workers Compensation Step 4
    Workers Compensation Step 5


    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:
    a.     The location/s of where to work; 
    b.    The tasks to be completed; and 
    c.    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?

    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 40 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.

    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.

    Can I Claim WorkCover?

    Is there a connection to Victoria?


    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'?


    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?


    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?


    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?


    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?


    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


    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