Notify employer within 30 days.
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.
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.
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.
Betty has injured her shoulder at work
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.
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.
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.