Workplace injury lawyers Warrnambool
WorkCover legal advice in Warrnambool and surrounding areas.
Claven Burdess are workplace injury lawyers serving Warrnambool and surrounding areas.
If you have suffered a workplace injury in Warrnambool, you may be entitled to the following:
What is WorkCover?
WorkCover provides assistance to injured workers, enabling them to claim compensation for injuries caused or made worse by their employment.
What kind of injuries?
WorkCover covers an umbrella of injuries including:
- physical injuries sustained on the job (the injury doesn’t need to be serious or significant).
- aggravation, deterioration or recurrence of injuries, disease, or illness from work.
- injuries suffered whilst on breaks.
- conditions including cancer, strokes, asthma, heart conditions, degenerative, or mental health conditions that are aggravated or exacerbated by employment.As long as you can show some relationship between your employment and your injury, you may be entitled to compensation.
How do I claim compensation?
1. Report Your Injury:
This usually should be done within 30 days from the date of injury. However, if you suffered your injury outside this period (even, for example, years ago), you still may be entitled to claim compensation.
That being said though – the sooner after the injury, the better.
2. Complete a WorkCover Claim Form:
Forms are available from your employer, your Union, a post office or from us.
3. Get a WorkCover Certificate of Capacity:
- Not required if you are only claiming for medical expenses.
- If you need time of work, submit the original completed claim form and certificate of capacity to your employer ASAP.
- Also submit a copy of the form to WorkSafe.
- Keep a copy of your claim form, any certificates, and any other documentation related to your injury.
After the claim is lodged, then what?
- Your employer must forward the claim to its insurer within 10 days.
- The insurer has 28 days to make a decision on your claim (if they don’t it can be deemed accepted – so the relevant date should be watched).
- If the insurer requests you attend a doctor’s appointment, you must do so.
- You are not required to talk to investigators appointed by WorkSafe.
- You will receive a notice in writing advising you whether your claim has been accepted or rejected. If your claim is rejected, the reasons for the decision will be noted. If you disagree you may appeal the decision to conciliation.
- If you wish to dispute a decision, you should contact your Union or us for advice.
- You may think that if the insurer has rejected your claim, there is little chance that this decision can be overturned. This isn’t true. In fact, many claims are rejected at first instance and then accepted later on. There are procedures in place to have decisions like this reviewed.
If my claim is accepted, what are my entitlements?
1. Weekly income payments:
- Weekly payments are determined by your pre-injury average weekly earnings prior to the injury (PIAWE).
- The amount is calculated as a percentage (%) of your average weekly gross pay including your regular overtime and shift allowance—for the first 12 months.
- The maximum rate for weekly payment is twice the state average weekly earnings, currently $2,000.
- On a case-by-case basis you may also be awarded accident make- up pay depending on your Unions’ EBA (refer to your Union for details).
- Your employer may be required to pay superannuation —if you are in receipt of more than 52 weeks of payments (consecutive or not).
- Your payments can be suspended or terminated if you do not make every reasonable effort to participate in rehabilitation, retraining and return to work plans.
- Return to work plans should be made in consultation with your treating doctor and a rehabilitation services provider.
2. Reasonable medical and like expenses:
WorkSafe covers all reasonable medical, hospital, nursing, personal and household, occupational, rehabilitation and ambulance services.
Doctor, chemist, physiotherapy, and chiropractor bills are covered, as are appointments to see your specialist, and surgery (if approved by the WorkCover insurer).
Mobility devices and special equipment, home and car modi cations and transportation costs are also covered (again, if approved by the Insurer).
Medical expenses continue to be covered for at least 52 weeks after your right to weekly payment ceases – and sometimes longer.
If you need assistance from a WorkCover lawyer in Warrnambool in relation to a weekly payments or medical and like expenses issue, contact Claven Burdess lawyers.
3. Lump sum compensation:
In the case of a work related accident, there are additional lump sum benefits you may be entitled to:
Possible Lump Sum Claim #1 – Impairment Claim:
If a permanent impairment occurs you may be entitled to a lump sum payment.
The claim is made once the injury is stable (meaning not getting better, not getting worse). The claim involves you having your injury assessed by
A specially accredited doctor grades your injury.
Payment is calculated based upon the impairment level.
Possible Lump Sum Claim # 2 – Common Law Damages Claim:
If your injury is due to the fault or negligence of your employer or a third party, you may be able to lodge a common law claim seeking a further lump sum.
You have six years from the date of injury in which to lodge a claim.
If you believe your injuries are your employer’s or someone else’s fault, we encourage you to seek further advice as soon as possible.
If a worker dies from a work related injury, illness or disease, the dependents of the worker are entitled to claim compensation. A lump sum plus any pension may be payable as well as medical and funeral expenses.If there is negligence involved on the part of the employer or someone else, dependents may be entitled to a common law claim seeking an additional lump sum.
If you need assistance from a WorkCover lawyer in Warrnambool in relation to a WorkCover lump sum claim, contact Claven Burdess lawyers.
What else should I know about WorkCover?
If you have suffered workplace injuries in Warrnambool, keep in mind the following:
You have the right to be treated by the doctor of your choice. You do not have to agree to be treated by a doctor approved by your employer or public hospital if you don’t want to. Your treatment is your choice.
WorkSafe is responsible for reasonable travel costs for receiving medical treatment or rehabilitation.
If claiming taxi expenses, have WorkSafe approve them first. If you drive, record the kilometres travelled and submit details to WorkSafe for payment.
Keep a diary of the impact your injury has on your social and family activities and ability to participate in any sporting activities and hobbies.
You have the legal right to request copies of any medical reports obtained by the insurer regarding your claim.
WorkSafe can take up to 28 days to respond to certain treatment or service requests. You may refer the matter to conciliation after that time period.
Ensure the details on the reverse side of the medical certificate are complete or accurate or WorkSafe will not pay your weekly payments.
Usually, WorkCover medical certificates you obtain from your doctor run for a period of 28 days. If you intend to be away longer than 28 days and therefore won’t be able to obtain an update certificate within this time, permission to obtain a medical certificate that covers a longer period can be obtained from the Insurer.
If your employer ceases to operate, your WorkCover entitlements will not be a impacted. You may become a direct payee of WorkSafe.
A redundancy or severance lump sum will not impact payments. But, before resigning from your employment, you should seek advice from a lawyer to ensure things go as smoothly as possible for you.
If you have a WorkSafe issue and you wish to contact the Warrnambool branch, their details are as follows:
Address: 76 Henna Street, Warrnambool
Phone: (03) 5564 3200
Workplace injury lawyers in Warrnambool – Claven Burdess.
If you require a WorkCover lawyer in Warrnambool, contact Claven Burdess. We offer a free case assessment.
If you have questions in relation to costs, please consult this page.