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WorkCover & Workers Compensation Lawyers Melbourne
A workplace injury can affect far more than your ability to do your job. You might be worried about your income, medical expenses, returning to work or what happens if your injury doesn't improve.
We are WorkCover and workers compensation lawyers in Melbourne, helping injured workers across Victoria. As a small, founder-led firm You'll deal directly with the lawyers handling your matter. We will take the time to understand what's happened, explain where you stand and give you an honest assessment of your options.
Whether you're making a new WorkCover claim, having problems with your weekly payments or dealing with a rejected claim, our WorkCover lawyers are happy to have an initial conversation about how we can help.
What a WorkCover lawyer does for you
You don't need a lawyer to lodge a workers compensation claim, but legal help can make a difference when it comes to what happens next.
We can:
- Deal with the insurer on your behalf.
- Check your weekly payments are calculated correctly.
- Make sure your permanent impairment is properly assessed.
- Assess whether you have grounds for a common law claim.
- Review settlement offers before you accept.
No Win No Fee WorkCover claims
If we take on your WorkCover claim, you won't pay any legal fees unless we successfully win your case. Before any work begins, we set out our costs in a written costs agreement, and when your claim resolves you receive an itemised statement showing every deduction.
Read how No Win No Fee works at The Injury Law Group.
Who WorkCover covers
You can make a WorkCover claim if you were injured at work in Victoria as a:
- Full-time or part-time employee
- Casual or seasonal worker
- Apprentice or trainee
- Labour hire worker
- Contractor, in some cases, depending on how you're engaged
WorkCover covers physical injuries, mental injuries and work-related illnesses, including injuries that build up over time. You don't need to prove your employer did anything wrong. What matters is that the injury arose out of, or in the course of, your work.
What a WorkCover claim covers
If your WorkCover claim is accepted, you may be entitled to several types of compensation, depending on your injury and circumstances.
These can include:
- Weekly payments if your injury prevents you from working or reduces the hours you can manage.
- Medical and treatment expenses, including approved GP visits, specialist appointments, surgery, medication and rehabilitation.
- Provisional payments for mental injuries, which may cover treatment while your claim is being assessed.
- A permanent impairment lump sum if your injury or illness has caused a lasting impairment and you meet the eligibility requirements.
- Superannuation contributions in some circumstances if you receive weekly payments.
- Death benefits for eligible dependants if a worker dies as a result of a work-related injury or illness.
Each type of compensation has its own eligibility rules. Not every worker will qualify for every benefit, and the amount you're entitled to can depend on your injury, work capacity and other circumstances.
For a closer look at payment rates, lump sum amounts and examples, see our guide to WorkCover payments in Victoria
How a WorkCover claim runs
Most WorkCover claims follow the same key stages, from reporting your injury and lodging your claim to impairment assessment and, where available, a common law claim.
01
Free claim check
We listen to what happened, answer your questions and confirm whether you can claim.
02
Reporting and lodging
Report your injury to your employer within 30 days, and see your GP for a certificate of capacity. We make sure your claim form describes your injury fully and is lodged on time, so it isn't knocked back on a technicality.
03
The agent's decision
Your employer forwards the claim to their WorkSafe agent, who has 28 days to decide, sometimes up to 39. If you don't get a written decision in time, your claim is treated as accepted.
04
Payments, treatment and the 130-week review
Weekly payments and treatment begin once your claim is accepted. Payments step down at reduce and usually stop at 130 weeks, unless you have no capacity for work that's likely to continue and a whole person impairment of 21% or more. We prepare you for that review, so you don't lose payments you're entitled to.
05
Impairment assessment and resolution
Once your injury has stabilised, an independent assessor rates your whole person impairment. Almost everything that follows depends on that number, so it is worth having advice before it happens. We claim your lump sum and, where your injury is serious and your employer was negligent, run your common law claim.
Making sure you receive the WorkCover payments you're entitled to
A few important steps can help protect your claim and make sure your entitlements are properly assessed.
- Report your injury promptly and keep a record of what happened.
- Follow medical advice and attend your appointments.
- Keep records of treatment, expenses, time off work and communications with your employer or insurer.
- Get legal advice if your payments are reduced, stopped or your claim is disputed.
Our work injury lawyers can help you understand your entitlements, check that payments have been calculated correctly and identify whether you may be entitled to further compensation.
If your claim is rejected or your payments stop
A rejection letter can feel like the door has closed. It hasn't. A rejected claim, a cut to your weekly payments or a 130-week review notice usually comes down to medical evidence and deadlines, and the insurer has its own lawyers and doctors on its side. You deserve someone on yours.
When you bring us your letter, we:
- read the agent's reasons and tell you honestly whether the decision can be challenged
- get the medical evidence that answers those reasons, including reports from your treating doctors in response to any independent medical examination
- lodge your application with the Workplace Injury Commission within the 60-day limit, prepare your case for the conciliation conference, and attend with you where the Commission allows
- take the dispute further if it isn't resolved, through independent review, arbitration or court
- prepare you for the 130-week review, including your impairment assessment, so you don't lose payments you're entitled to
Fault and where it actually matters
You don't have to prove your employer was at fault to receive WorkCover benefits, including weekly payments and medical expenses.
Fault becomes important if you want to pursue a common law claim for pain and suffering or lost earnings. This generally requires employer negligence and a serious injury under Victorian law. Even if you were partly responsible, you may still have a claim.
Mental injury claims
A mental injury is as real as a physical one, and often harder to talk about. Work-related mental injuries, such as anxiety, depression and post-traumatic stress, are covered by WorkCover, but the rules are stricter than for physical injuries. It must be a diagnosed mental injury, your work must be the predominant cause, and some claims are excluded, such as those caused by reasonable management action taken in a reasonable way.
If you lodge a mental injury claim, tick the mental injury box on the claim form. You may receive provisional payments for treatment for up to 13 weeks while the claim is assessed, and those can continue for the 13 weeks even if the claim is later rejected.
How we've helped injured workers
A warehouse worker whose claim was rejected
Sam hurt his lower back lifting stock at a warehouse in Melbourne's west. The agent rejected his claim, saying the injury wasn't caused by work, and his pay stopped while he was still in pain and couldn't lift his kids. We gathered reports from his GP and physiotherapist that answered the agent's reasons, and took the dispute to conciliation at the Workplace Injury Commission. The rejection was overturned, his weekly payments were back-paid, and his treatment was covered.
A nurse with a mental injury
After years of night shifts and a traumatic incident on the ward, Leanne developed anxiety and depression and couldn't face going back. She was worried no one would believe a mental injury was real. Irini sat down with her, explained the rules in plain terms, and helped her lodge the claim with the right medical support from the start. Her claim was accepted, and she had the time and treatment she needed to recover.
A carpenter facing the 130-week cut-off
Michael had a serious shoulder injury and was nearing 130 weeks of payments with no way back to his trade. Antonia arranged his impairment assessment, made sure his medical evidence showed he had no capacity for work, and looked at his common law options against his employer. His weekly payments continued past 130 weeks, and his common law claim is now underway.
See real WorkCover payout examples from Victorian courts.
Your lawyers
Your claim is run by Irini Piperoglou, Principal Lawyer, or Antonia Gianasmidis, Associate, from our office at 34 Church Street, Abbotsford.
We'll take the time to listen, explain where your claim stands in clear terms, deal with the insurer for you, and tell you honestly what we think your claim is worth.
If you can no longer work at all, you may also have a TPD claim through your superannuation, and we can look at both together.
FAQs
Can I claim WorkCover for stress and anxiety?
Yes, if it's a diagnosed mental injury and your work was the predominant cause. Mental injury claims have stricter rules than physical claims, and some are excluded, such as those caused by reasonable management action taken in a reasonable way. You may receive provisional payments for treatment while the claim is assessed.
How much does a WorkCover lawyer cost?
At The Injury Law Group, you pay no legal fees unless your claim succeeds. Your costs are set out in a written costs agreement before any work begins, and you receive an itemised statement when your claim resolves. We'll explain both at your free consultation.
To see what a claim can be worth, see our WorkCover payouts page.
Am I covered by WorkCover if I'm casual or part-time?
Yes. Full-time, part-time, casual and seasonal employees are covered. Some contractors are also covered, depending on how they're engaged, so get advice if you're not sure.
Can I claim WorkCover and TPD at the same time?
Often, yes. WorkCover and a TPD claim through your superannuation are separate entitlements. One can affect the other, so it's worth getting advice on both before you settle either. See TPD claims.
What should I bring to my first consultation?
Whatever you have: your claim form, any letters from the WorkSafe agent, your certificates of capacity, payslips and the names of your treating doctors. If you have nothing on paper yet, come anyway. We'll tell you what to gather.
What are the time limits for a WorkCover claim?
Report your injury to your employer within 30 days of becoming aware of it, and lodge your claim as soon as possible. If you disagree with a decision, you generally have 60 days to apply for conciliation at the Workplace Injury Commission. Common law claims have their own time limits, so it's worth getting advice early.
What if my employer says my injury didn't happen at work?
Your employer's view doesn't decide your claim. Your employer must still forward your claim to their WorkSafe agent, and the agent decides based on the evidence, including your medical reports. If the agent rejects your claim, you can challenge the decision.
Is WorkCover the same as workers comp?
Yes. WorkCover is the name for workers compensation in Victoria, run by WorkSafe Victoria. Most people call it workers comp. If you were injured at work in Victoria, a WorkCover claim is your workers compensation claim.
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