Personal Injury

Workplace Injuries

Workers who have been injured in the workplace or have suffered psychological harm may be eligible to make a claim for worker’s compensation.

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Workplace Injury Lawyers Essendon and Melbourne CBD

Workers who have been injured in the workplace or have suffered psychological harm may be eligible to make a claim for worker’s compensation. The injury or illness must be a result of the work performed at the workplace. Workers compensation may also apply for workers who had a pre-existing injury or illness that was made worse by the work performed in the workplace. In Victoria, compensation may be granted by lodging a WorkCover claim.

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Are all workers eligible to receive workers compensation?

Generally, employees of all categories may be eligible for workers compensation following injury or illness at the workplace. This means full-time employees, part-time employees, casual employees and independent contractors or subcontractors may be able to make a claim.

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What compensation could I receive from my injury or illness?

The amount of compensation you may receive will depend on the seriousness of the injury or illness. The compensation will be calculated based on the facts of each individual matter, including whether the injury or illness is temporary or permanent.

You may receive payment equal to your weekly earnings as well as reimbursing for medical costs and any other relevant costs. Such expenses that may be covered by workers compensation include:

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When should I lodge a claim?

Much like other personal injury claims, it is crucial to seek legal advice as soon as practicable as there is a time limit to lodge a claim. It is important to report your workplace accident to your employer and report to the relevant authority (WorkCover) within 30 days of the incident or becoming aware of your injury.

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What is involved in making a claim?

After you have become aware of your injury, you must report the accident and injury or illness to your employer within 30 days of you becoming aware of your symptoms. You will need to fill out a WorkCover form and obtain a medical certificate and give both to your employer to sign. Once your employer has signed the documents, you may then lodge the WorkCover claim.

WorkCover claims operate as a no-fault theory of liability. This means that the worker may be awarded compensation for their injury or illness, but liability is not a factor in the matter.

It is important to be aware that workers compensation claims may take a number of years to settle. In some cases, it may be necessary to wait for your condition to stabilise to determine compensation that is fair and reasonable. This will entirely depend on the facts of each individual case.

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Can I make any further claims for my injury or illness from work?

In addition to making a WorkCover claim, you may be able to make a common law damages claim.

WorkCover claims operate as a no-fault theory of liability, however common law damages claims require proving that your employer is at fault for your injury or illness. It must be proven that your employer has acted negligently and has failed to take proper care and caution to prevent any potential injuries to their workers. Your injury must also satisfy the law’s definition of a serious injury, where a bodily function has been impaired or completely lost, disfigurement, loss of a foetus or permanent psychological disorder.

To be successful in a claim for negligence, it must be proven that the a person or organisation owed a duty of care to the injured person, that the duty of care was breached, that the breach caused the injury or death, and the breach resulted in economic or non-economic loss.

If you are able to prove that your injury was the complete fault or partial fault of your employer, you may be able to receive lump sum compensation for medical costs, loss of income, future medical costs, loss of future income and pain and suffering.

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What happens if a family member has died while at work?

You may be able to claim compensation for the death of a family member if they died as a result of a work-related injury or illness. In these cases, you may be able to receive compensation in the form of a lump sum along with a pension. Additionally, if the death of your family member was at the fault of the employer, you may be able to claim for further compensation for loss and damage.