WorkCover lawyers Stawell

WorkCover legal advice in Stawell and surrounding areas.

Claven Burdess lawyers are WorkCover lawyers serving Stawell and surrounding areas. 

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What is WorkCover and how does it work?

WorkCover assists injured employees by allowing them to make a claim for compensation for injuries caused or aggravated by their job.

What kind of injuries fall under the banner of WorkCover?

WorkCover covers a wide range of injuries, including the following:

• Work-related physical injuries (the injury does not have to be severe or significant).
• A worsening, deterioration, or recurrence of work-related accidents, diseases, or illnesses
• Injuries sustained while on breaks.
• Cancer, strokes, diabetes, heart disease, degenerative, or mental health disorders that are worsened or exacerbated by work.

You may be entitled to compensation if you can demonstrate a connection between your job and your injury or condition.

Claven Burdess, Workcover lawyers serving the Stawell region.

How can I make a compensation claim?

1. Notify your employer of your injury:

This should generally be done within 30 days of the injury occurring. However, if the injury occurred outside of this time frame (for example, a number of years ago), you might still be eligible for compensation.

However, the quicker you lodge a claim after suffering an injury, the better.

2. Fill out and submit a WorkCover claim form:

Your boss, your union, a post office, or us can provide you with the relevant form.

3. Obtain a Certificate of Capacity for WorkCover:

If you’re just pursuing a claim for medical related costs, this isn’t necessary.

If you need time off work, ensure to provide the certificate of capacity to your employer as soon as possible.

WorkSafe should also receive a copy of the form.

Keep a copy of your claim form, any certificates, and any other injury-related documents.

What happens after the claim is lodged?

Within 10 days, the employer must submit the claim to its insurer.

The insurer has 28 days to decide on the claim (if they don’t, it will be considered approved – so keep an eye on the relevant date).

You must go to a doctor’s appointment if the insurer demands it.

You are not obligated to speak with WorkSafe investigators if they contact you. It can be a good idea to do so in the right circumstances though.

You should receive written notification indicating whether your claim has been approved or denied. If your claim is denied, you will be informed of the reasons for the rejection. If you disagree with the decision, you should go to conciliation.

If you disagree with a decision, you should seek support from a lawyer or other representative who understands the process.

You may have the opinion that if your claim has been denied by the insurer, that there is little hope that the decision will be overturned. This isn’t the case. In reality, many claims are initially rejected and then later approved. There are processes in place to review decisions such as this.

What are my rights if my claim is approved?

1. Payments of weekly income:

Your weekly payments are based on your pre injury average weekly earnings (PIAWE).

The maximum weekly payment rate is actually $2,000, which is double the state’s average weekly earnings.

Depending on the conditions of your employment, you might be eligible for injury make-up pay.

If you have received benefits for more than 52 weeks, your employer will be required to pay superannuation (consecutive or not).

If you do not make reasonable efforts to engage in recovery, retraining, and return to work programs, your benefits cab be stopped or terminated.

Return-to-work plans should be established with the help and support of your treating doctor and a recovery services provider.

2. Reasonable medical and other out-of-pocket expenses:

Health, hospital, nursing, personal and household, occupational, rehabilitation, and emergency facilities are covered by WorkSafe.

Doctor, chemist, physiotherapy, and chiropractor bills, as well as specialist appointments and surgery, generally speaking are all covered (if approved by the WorkCover insurer).

Mobility aids and special equipment, as well as home and vehicle modifications and transportation costs, are all covered (again, if approved by the Insurer).

Medical costs are compensated for at least 52 weeks – and often longer – after the right to weekly reimbursement ends.

Claven Burdess lawyers can help you if you need a WorkCover lawyer in Stawell for a matter relating to weekly payments or medical and similar expenses.

3. Lump sum compensation:

In the event of a work-related injury, you might be entitled to additional lump sum benefits, including.

Claim for Impairment: Possible Lump Sum Claim #1

If you suffer a persisting injury, you could be eligible for a lump sum.

When the injury is stable, an impairment claim can be lodged (stable meaning not getting better, not getting worse). The process involved getting your injury evaluated by a medical professional.

Your injury is graded by a specially trained doctor.

The amount paid is determined by the grading that the doctor puts on your injury.

Claim for Common Law Damages (Potential Lump Sum Claim # 2):

If the injury was caused by your employer’s or a third party’s fault or negligence, you may be entitled to a common law claim which is another lump sum payment.

You have six years to lodge a claim from the date of your accident.

If you think your injuries were caused by your employer or someone else, you can seek legal advice.

Death claims:

The dependents of a worker who dies as a result of a work-related accident, sickness, or disease are entitled to compensation. A lump sum payment, as well as any pension and medical and funeral costs, may in some cases be paid. Dependents may be entitled to pursue a common law laws claim if there was negligence on the part of the employer or anyone else.

Contact Claven Burdess lawyers if you need assistance from WorkCover lawyers serving the Stawell region. 

Is there anything else I should know about WorkCover?

You have the right to choose the doctor who will treat you. If you don’t want to, you don’t have to consent to be seen by a doctor recommended by your boss or anyone else. It is entirely up to you to decide how you want to be treated.

WorkSafe is responsible for paying reasonable travel expenses for medical or recovery services.

If you’re going to claim taxi expenses, make sure WorkSafe approves them first. If you drive, keep track of your mileage and provide it to WorkSafe for reimbursement.

Keep a journal of how your disability impacts your social and recreational activities, as well as your home life.

You are legally entitled to copies of any medical records received by the insurer in connection with your claim.

Certain treatment or service requests can take up to 28 days for WorkSafe to respond. After the time period has passed, you can refer the matter to conciliation.

WorkSafe will not pay your weekly payments unless the information on the reverse side of the medical certificate is complete and correct.

WorkCover medical certificates, which you can get from your doctor, usually last for 28 days. If you plan to be away for more than 28 days and won’t be able to get an update certificate in that time, you can ask the insurer for approval to get a medical certificate that covers a longer duration.

Your WorkCover entitlements will not be impacted if your employer goes out of business. WorkSafe can make you a direct payee.

WorkCover lawyers serving Stawell, Claven Burdess. 

If you require an WorkCover lawyer in Stawell, contact Claven Burdess. We offer a free case assessment.

If you have questions in relation to costs, please consult this page.