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Workers Compensation & Comcare - WorkCover Frequently Asked Questions

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Who can claim for Worker’s Compensation?

WorkCover Schemes cover a range of injured Worker’s including part-time and casual workers. Independent contractors may be eligible.

In some circumstances, a Dependent can seek support and financial assistance following the death of a Worker as a result of a work related injury or illness.

For those employed by the Commonwealth Government or in some large national companies, an injured employee can claim WorkCover benefits under the Federal ComCare Scheme.

What to do when Injured?

After suffering an injury, you should immediately notify your Employer. Time limits for giving notice vary between State and Federal Laws. When injured in Victoria, you need to notify your employer within 30 days.  This will usually require you to complete an incident report or advise management in writing or, at the very least, verbally.

Where necessary, you should seek medical treatment and advice. At this initial stage, it is important to accurately detail each and every injury and the circumstances giving rise to your injury.

Should you need time off work, you should obtain a Certificate on the prescribed WorkCover form from your treating doctor and complete a WorkCover Claim Form. A copy can be obtained from National Compensation Lawyers, please contact this office on 1300 FEARLESS (1300 332 753).

This Claim Form, once completed, must be given to your employer and a copy should be retained by you.

What benefits can I obtain and what expenses are covered?

Under the Victorian Worker’s Compensation Scheme, an injured worker is entitled to:

  • Weekly payments of compensation whilst incapacitated for employment. Please note the rates of payment vary over time. For more detailed advice on weekly payments, please contact National Compensation Lawyers on 1300 FEARLESS (1300 332 753)
  • Reasonable medical and like expenses which include costs associated with:
    1. doctors, chemists, physiotherapy, chiropractic, hydrotherapy and medication;
    2. hospitals;
    3. ambulance services;
    4. rehabilitation services;
    5. household and personal assistance; and
    6. occupational rehabilitation.
  • Lump Sum Compensation should the worker have sustained permanent and stable injuries.
  • Common Law damages. Should the worker be able to establish the fault of their employer or any other persons, compensation can include pain and suffering damages as well as loss of earnings damages.
What should I do if I disagree with a decision made by the WorkCover insurer?

Where you disagree with a decision of the WorkCover insurer, your appeal rights are firstly to the Accident Compensation Conciliation Service (ACCS). Please note to appeal a decision of the WorkCover insurer, a Request for Conciliation Form must be completed and lodged with the ACCS within 60 days from the date of decision.

A copy of the ACCS Request for Conciliation Form can be obtained from National Compensation Lawyers  or alternatively  a copy can be downloaded from the ACCS website.

After lodging your Request for Conciliation, the ACCS will list the matter for conference which allows each party to discuss the decision and where possible, attempt to resolve the matter.

It is important to note the WorkCover insurer will often try to reduce and limit your entitlements when trying to resolve the matter. It is important you seek legal advice before accepting any offer made.

Are there any time limits I should be aware of?

Yes.

Initially a report of injury should be made to your Employer, usually within 30 days of becoming aware of the injury or incident.

A Common Law Damages Claim must be brought within 6 years from the date of injury or from when the injury is first recognised. Preparing such a case takes considerable time and you should seek advice as soon as possible. Please contact National Compensation Lawyers on 1300 FEARLESS (1300 332 753) for an obligation free consultation with a lawyer.