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.
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
- 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.
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, Sunshine, Preston 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.
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.