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INJURY COMPENSATION LAWYERS IN MELBOURNE

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Workers Compensation Lawyers Melbourne

Get the Compensation You Deserve

Experienced Melbourne WorkCover & Workers Compensation lawyers offer comprehensive legal services to maximise compensation for workplace injuries. Get in touch for a free claim check.

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Fearless Advocates

Our team will expertly guide your WorkCover claim, ensuring you achieve the optimal outcome.

Proven Success Rates

Our highly skilled team has a history of delivering favourable WorkCover claim results.

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Financial barriers shouldn’t stop your pursuit of a fair outcome. If we don’t win, you owe nothing.*

Not Sure If You Are Eligible To Make A Claim After A Workplace Injury?

Contact our team today and we will thoroughly assess your situation and let you know if you have a valid Workers Compensation case or Common Law claim.

Highly Skilled Workers Compensation Lawyers Melbourne

If you’re dealing with the aftermath of a work injury or illness, you may be eligible for workplace injury compensation or workers’ compensation benefits. Physical anguish, financial strain, and emotional turmoil can be overwhelming, especially when you have bills to pay or a family to support.

Work-related injuries generally fall under a ‘no-fault system’ for Victorian employers, and these protections are in place to ensure the best interests of employees if something goes wrong. We understand the headaches that come with filing a compensation claim while you are in recovery, and our team will provide you with comprehensive legal advice and support you throughout the process.

However, as time limits apply, acting as soon as possible is crucial.

Injury Compensation
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Am I eligible to make a Workers Compensation Scheme Claim?

If you have had an accident, been injured, contracted an illness, or your health and wellbeing have been affected in the workplace, you may be entitled to a range of benefits and compensation under the Worker’s Compensation Scheme. The scheme has been set up to assist injured workers in recovering lost wages and cover medical expenses, allowing them to provide for themselves and their families in a difficult time. You may also be eligible for more than one benefit.

If you have suffered a workplace injury or illness, you must report this to your employer and treating medical specialists. You must complete a Worker’s Compensation or WorkCover claim form, obtain a WorkCover medical certificate from your GP or doctor and make a formal incident report. You should keep copies of all documents.

What Costs Does A WorkCover or Workers Compensation Claim Cover?

Under the Victorian Worker’s Compensation Scheme, an injured worker is entitled to weekly compensation payments whilst incapacitated from employment.

Reasonable medical expenses after a work-related injury include costs associated with:

  • Doctors, chemists, physiotherapy, chiropractic, hydrotherapy and medication
  • Hospital treatments and stays
  • Ambulance services
  • Rehabilitation services and occupational rehabilitation
  • Household and personal assistance
  • WorkCover Claims can sometimes include Lump Sum Compensation if you have sustained a serious injury or permanent and stable injuries.
  • Common Law damages can also be sought if you can establish the fault of your employer or any other persons. This compensation can include pain and suffering damages for psychological injuries, loss of enjoyment of life and past and future loss of earnings damages.
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Our Workers Compensation Legal Services

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Negligence and Public Liability

Pursuing justice in cases of negligence and liability for personal injuries.

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Medical Negligence Claims

Expert representation for medical injury compensation claims.

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Workplace Injuries

Advocating for your rights and compensation in workplace injury cases.

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Traffic Accidents

Assisting you in securing rightful compensation after vehicle, pedestrian, cyclist & public transport accidents.

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TPD & Superannuation

Dedicated support for total or permanent disability-related compensation claims.

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Asbestos & Silicosis

Advocacy and prompt representation for asbestos-related claims.

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National Compensation Lawyers - Melbourne's Trusted Workers Compensation Lawyers

We understand your challenges, and our dedicated WorkCover lawyers are committed to securing the best outcome for you. We are more than just workplace injury lawyers – we passionately advocate for justice, recognising each case as a unique human story deserving fairness and the deserved level of care.

We know that navigating work injury claims can be overwhelming, which is why we are here – to simplify your legal journey. Whether you’re recovering from an accident or some time has passed since it happened, you can count on National Compensation Lawyers‘ Melbourne team of workers’ compensation specialists to support you every step of the way.

Ready to Pursue Your WorkCover or Workers Compensation Claim With Highly Experienced Melbourne Lawyers?

The legal system can be daunting, especially when navigating a Workers’ Compensation Scheme claim. We’ll stand by your side to ensure your voice is heard.

Step #1 Complimentary Consultation

Get a free claim assessment and understand if you can pursue a Worker’s Compensation Claim.

Step #2 We'll Build Your Case

Our team will work with you to create a personalised legal plan to ensure the best possible outcomes for your work injury or illness claim.

Step #3 Secure the Compensation You Deserve

We’ll advocate for your rights each step of the way and fight to secure your rightful compensation after a work-related injury.

Book Your Free Initial Consultation

Complete our form below to book your first consultation – free – with one of our dedicated Melbourne Workers Compensation lawyers.

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Frequently Asked Questions - Workers Compensation Lawyers Melbourne

Where you have been injured during your employment, there are several essential steps you should first take.

Report your injury or illness within 30 days of it occurring in writing. This should be done through your employer’s incident report book or platform or given to your employer in writing if an incident report book isn’t accessible.

Obtain and fill in a WorkCover Claim for Compensation Form. Our team is happy to assist if you need help navigating the claims process easily.

Speak to your GP or treating medical specialist, obtain a medical Certificate and attach this to your WorkCover Claim Form.

Lodge your WorkCover Claim Form and Medical Certificate to your employer – keeping a copy of all paperwork for your own records.

Once you have lodged your Worker’s Compensation Claim, your employer has ten days to provide this to their WorkCover insurer. If this does not occur, you should forward your claim directly to the Victorian WorkCover Authority.

Claims Process

Once you have lodged your Worker’s Compensation Claim, your employer has ten days to provide this to their WorkCover insurer. If this does not occur, you should forward your claim directly to the Victorian WorkCover Authority.

Once the employer’s insurer has received your Worker’s Compensation Claim Form and medical certificate, the insurer has a further 28 days to respond in writing. You will likely be medically examined before the insurer makes their decision.

If your claim is accepted, benefits will then be paid by the insurer. For more information on benefits, please click here ‘What Benefits Can I Claim?’.

If your claim is rejected and you wish to appeal this decision, you should contact National Compensation Lawyers immediately to obtain a Request for Conciliation Form. An appeal to the Conciliation Service must be made within 60 days from the decision date.

The Law surrounding WorkCover claims is complex, and the legal process can take time. In addition, it is vital to note the Victorian WorkCover Authority and insurance company engaged by your employer will not provide you with independent legal advice or assist you in getting your full worker’s compensation benefits. If you have been injured in the workplace, you need expert advice regarding your rights and entitlements. At National Compensation Lawyers, we provide this advice and progress your claim to ensure the prompt payment of compensation.

Our expert lawyers understand your challenges and are here to help you secure the compensation you rightfully deserve, alleviate your stress, and ensure a fair outcome for your claim.

WorkCover Schemes cover a range of Injured Workers, 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.

If you have had an accident, been injured, contracted an illness at work, or if your health and wellbeing have been affected in the workplace, you may be entitled to a range of benefits and compensation under the Worker’s Compensation Scheme. Workers covered by the WorkCover Scheme include:

  • full-time, part-time and casual workers;
  • apprentices and trainees;
  • labour hire services;
  • owner drivers operating as sole traders or partnerships are deemed workers of their hirer unless it is believed they are carrying on an independent business or trade;
  • in some situations, contractors;
  • municipal counsellors;
  • secondary school, TAFE and in some situations, undergraduate and postgraduate students.

The list above is not exhaustive. Should you be injured in the workplace and unsure whether you are eligible to claim WorkCover benefits, you should contact National Compensation Lawyers to seek advice.

For more information or to arrange an obligation-free consultation with work injury lawyers,
please call us at 1300 942 139.

A work-related illness or work injury compensation payout is usually paid weekly, but lump sum payments are also possible if a permanent impairment has occurred.

Weekly Compensation

If you cannot return to your regular work duties due to your injuries, you are entitled to compensation for lost wages.

For injuries suffered on or after 5 April 2010, your entitlement to weekly payments is calculated by three separate time periods, these are:

  • During the first 13 weeks following your injury, weekly benefits are paid at 95% of your pre-injury average weekly earnings.
  • Post 13 weeks, up to 130 weeks (2 ½ years), compensation for weekly payments is paid at 80% of your pre-injury average weekly earnings.
  • If you have a partial working capacity, you will be paid the difference between your weekly wage and the 80% rate.
  • After the 130 weeks (2 ½ years), weekly payments will usually cease unless you have been found to have no current work capacity. If this has occurred, weekly payments are payable at 80% of your pre-injury average weekly earnings.

After 52 weeks, you are also entitled to Superannuation contributions.

Medical Help and Similar Benefits

If you have a work-related injury or illness, you can claim benefits for reasonable medical and like expenses.

These costs include:

  • hospital and ambulance expenses;
  • doctors, physiotherapists, chiropractors, chemists and hydrotherapy expenses;
  • medication expenses;
  • rehabilitation expenses;
  • household and personal assistance;
  • occupational rehabilitation, and
  • travel expenses to appointments for medical treatment.

To claim the costs for medical and rehabilitation benefits after being injured at work, you should:

  • Provide your treating doctors and medical providers with your WorkCover claim number. Your doctors and medical providers can submit the costs directly to the WorkCover insurer.
  • If you have already paid for medical and similar benefits out of your own pocket, you should keep all receipts and send these receipts to the WorkCover Insurer (quoting your WorkCover claim number) requesting these expenses be repaid.

If the WorkCover insurer is not making proper payment of your medical and like benefits or have sought to terminate or reduce access to medical and like benefits, please get in touch with National Compensation Lawyers immediately to discuss your appeal rights.

Lump sum compensation for Permanent Injuries suffered

If you have a work-related injury or illness that has resulted in a permanent impairment, you may be entitled to lump sum compensation.

Your injuries and condition must be stable to proceed with an Impairment Benefit claim.

To be entitled to lump sum compensation, the injuries you have suffered need to meet relevant thresholds as defined by the Act:

  • For physical injuries, you are required to establish at least a 10% whole-person impairment when assessed by the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition;
  • For psychiatric (psychological) injuries, you are required to establish at least a 30% whole-person impairment when assessed by the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition.

To proceed with an Impairment Benefit claim, you must lodge a further compensation claim form detailing the permanent injuries you have suffered. Upon receiving this claim form, the WorkCover insurer will likely arrange medical examinations to determine your level of impairment. Should you meet either of the thresholds detailed above, a written offer of compensation will be made to you for your consideration.

Where you disagree with a decision of the WorkCover insurer, your appeal rights are first to the Accident Compensation Conciliation Service (ACCS). Please note that 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 decision date.

A copy of the ACCS Request for Conciliation Form can be obtained from National Compensation Lawyers, or 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 essential to note the WorkCover insurer will often try to reduce and limit your entitlements when trying to resolve the matter. You must seek legal advice before accepting any offer made.

Yes.

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

Yes, we do. The ComCare Scheme is complex, and it is important you seek a lawyer who specialises in this area of law to ensure your rights are adequately protected and you receive the maximum compensation available. Our Melbourne-based law firm has dedicated ComCare lawyers who will take the time to gain a thorough understanding of your case and offer personalised advice as to how you should proceed.

If you are a Commonwealth or ACT Government employee or an employee of a company licensed to operate under the Comcare Scheme and you have sustained an injury or illness due to your work or during your work, you may be entitled to a range of benefits and compensation under the Comcare Scheme.

To claim compensation from Comcare, there are several important steps you should undertake:

  • You should initially report your injury to your employer and complete an incident report form as soon as possible.
  • It is essential to seek the appropriate medical treatment and get a medical certificate from your medical provider. This Certificate should detail the precise injuries or condition which you have suffered. Further, it should clearly detail the date of injury and your fitness to return to work.
  • After the injury is reported, you should lodge a Claim Form for your time off work and medical expenses. This Claim Form can be obtained from National Compensation Lawyers.

In addition to your WorkCover rights, a worker who suffers an injury during their employment may have a right to bring a Common Law claim for damages.

Damages include:

  • compensation for pain and suffering and loss of enjoyment of life; and
  • compensation for economic loss, including past and future loss of earnings and lost Superannuation.

To be entitled to damages at Common Law, an injured worker must satisfy:

(a) the negligence/fault of their employer and/or other party. For example:

  • an unsafe system of work;
  • unsafe or defective equipment;
  • careless or unsafe practices of co-workers; and

(b) you have suffered a serious injury as defined by the WorkCover legislation.

A Serious Injury is defined as:

  • a permanent and serious impairment or loss of body function;
  • permanent serious disfigurement;
  • a permanent severe mental or permanent severe behavioural disturbance or disorder;
  • loss of a foetus;
  • a permanent impairment assessment of 30% whole person in accordance with your permanent impairment claim.

There are strict time limits to bring a Common Law claim. Usually, an injured worker has six years from the date of injury to bring an action by filing a Complex Legal Application. Our goal is to empower your recovery journey by providing expert legal guidance, ensuring you receive the maximum compensation and support needed to move forward confidently- please get in touch with our dedicated Melbourne lawyers today for advice on all WorkCover, Workers Compensation and ComCare matters.

Get started on your claim with our Melbourne Workers Compensation Lawyers