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Every work injury case is unique and deserves a well thought out individualised solution.

Work Injuries - A Short Guide.

Work Injury.

Notify employer within 30 days.

Legal Advice.

Talk to Penny while events are fresh in your mind.

Know your rights from the start.

If you are unable to work, make a claim for weekly payments. You need to have a claim form and a WorkSafe medical certificate.

If you need medical treatment, rehabilitation services, or services such as home help or gardening assistance, make a claim for these.

If your injury is permanent you may be able to claim an Impairment Benefit.

If you have a serious injury caused by the negligence of your employer or someone else, you may be entitled to common law damages.

Work Injury.

Notify employer within 30 days.

Legal Advice.

Talk to Penny while events are fresh in your mind.

Know your rights from the start.

Weekly Payments.

If you are unable to work, make a claim for weekly payments. You need to have a claim form and a WorkSafe medical certificate.

Medical and Like Services.

If you need medical treatment, rehabilitation services, or services such as home help or gardening assistance, make a claim for these.

Impairment Benefit Claims.

If your injury is permanent you may be able to claim an Impairment Benefit.

Common Law.

If you have a serious injury caused by the negligence of your employer or someone else, you may be entitled to common law damages.

Compensation for work injuries

In Victoria, compensation for work injuries can include weekly payments, medical and like expenses, rehabilitation expenses or a lump sum for permanent injuries. If your injury is serious and permanent and was caused by the fault of another, you may be entitled to common law damages for pain and suffering and for loss of earnings in some circumstances.

How Peninsula Injury Lawyers can help

Penny Flint can give you advice about what your rights are and help you make a WorkCover claim. If your WorkCover claim is rejected Penny can help you request conciliation, advise you throughout the conciliation process and arrange representation. If your claim doesn't resolve at conciliation, Penny can help you make a claim in the Magistrates Court.

If you have a permanent injury, Penny can advise you about your rights to make a WorkCover claim called an Impairment Benefit claim. Penny can help you make such a claim once your injury has stabilised.

If you have a permanent injury caused by the negligence of your employer, or someone else, Penny can advise you about your rights to make a common law claim and can help you make that claim. If you think you may have a common law claim it is important that you talk to Penny as soon as possible as strict time limits apply for making such claims.

Generally speaking, for work injuries sustained on or after 20 October 1999, you have six years within which to make a common law claim from the date you were injured, but you should seek specific advice about what time limits apply and when time runs from in your particular case.

 


“I will work hard to achieve the best possible outcome for clients.”

Workplace Case Study

Betty has injured her shoulder at work

Situation

Betty's doctor believes that it is likely that her shoulder injury has been caused by moving heavy boxes over a period of time. Betty's shoulder has been hurting for a while but now the pain is getting worse. Betty's doctor has advised her to take time off work and to have some physiotherapy treatment. If the physiotherapy doesn't work, Betty may require surgery. Betty wants to know what her rights are.

Process

Betty should notify her employer about her injury within 30 days. Betty can make a claim for weekly payments by filling in a Worker's Injury Claim Form and getting a WorkSafe medical certificate from her doctor and giving these documents to her employer. Her employer must send these documents to its WorkSafe Agent within 10 days. Once the WorkSafe Agent has the documents they must make a decision about weekly payments within 28 days.

Outcome

If Betty's claim is accepted she starts to receive weekly payments and reasonable medical expenses related to her work injury should be paid. If it is rejected, she can talk to Penny about requesting conciliation. Betty can also talk to Penny about possible lump sum claims, including an Impairment Benefit claim and a possible Common Law claim.

WorkCover FAQs

If you are injured at work you should seek legal advice as soon as possible. It won't cost to make a call and speak to Penny. It's better that you know what your rights are as soon as possible so that you can make good decisions about your injury right away.

Most employees in Victoria, some self employed people and subcontractors and the dependants of workers who die because of a work injury, illness or disease. A work injury can include an aggravation, exacerbation, acceleration or deterioration of an injury or disease that is not a work injury.

If you are unable to work because of your work injury, you need to give a WorkSafe medical certificate and Worker's Injury Claim Form to your employer or in some cases, your employer's WorkSafe Agent. If you need to get medical expenses paid you need to send a claim form and evidence of the medical expense to your employer or in some cases, the employer's WorkSafe Agent. Penny can help you fill out the claim form and talk to you about what to do.

If you are a dependant of a worker who has died because of a work injury, illness or disease, you must fill out a dependency claim form to obtain compensation. Penny can provide you with one of these forms and help you fill it out. A dependency claim must be made within 2 years of the date of a workers death.

A medical practitioner must provide the first medical certificate. Your first medical certificate should be for a period of no more than 14 days. After that, medical certificates must be issued by a medical practitioner, physiotherapist, chiropractor or osteopath and can be for no more than 28 days.

 If you are making a claim for weekly payments of compensation and/or medical expenses, the WorkSafe Agent or self insurer has 28 days to make a decision about your claim. 


 

If you are entitled to weekly payments, your weekly payments are calculated according to your Pre Injury Average Weekly Earnings (PIAWE). Usually the payments you have received in the last 12 months before your injury are used to calculate your PIAWE. For the first 12 months, payments you have received other than your ordinary time earnings, such as, shift work allowance, overtime and any bonus you received are taken into account. After 12 months, only your ordinary time earnings are taken into account in calculating your pre injury average weekly earnings.

For claims made after 5 April 2010, the maximum weekly payment you can receive is 2 x state average weekly earnings. This is currently:$2110

First 13 weeks Between 14 and 130 weeks After 130 weeks
No working capacity 95% of PIAWE 80% of PIAWE Payments continue only if no work capacity at all and this is likely to continue indefinitely
Working 95% of PIAWE
less earnings
80% of PIAWE
less 80% of earnings
Payments continue only if working at least 15 hours and unlikely indefinitely to increase those hours and earning at least $184 per week.

If your claim is rejected you can have this reviewed by requesting conciliation. Penny can send you a Request for Conciliation form or you can obtain one from the Accident Compensation Conciliation Service. For further information about requesting Conciliation you can talk to Penny or have a look at the Accident Compensation Conciliation Service website.

If your injury is permanent you may be entitled to a lump sum for your injury. A WorkCover lump sum is called an Impairment Benefit. If you have a serious injury caused by your employer's negligence, or the fault of another, you may be entitled to seek common law damages.  As time limits apply to common law claims, it is important, if you have a permanent injury, to seek legal advice as soon as possible.

If your psychological injury is work related and you are unable to work and/or you need medical treatment, you may be entitled to claim weekly payments of compensation and/or medical expenses. You are not entitled to compensation for a psychological injury if your injury was predominately caused by reasonable management action, taken in a reasonable way. If you have a psychological injury and you think it may be work related you should seek legal advice so you know what you are entitled to as soon as possible.Talk to Penny about whether it is likely that you will be able to claim compensation in the circumstances of your particular case.