Have you been injured at work? If you have incurred medical expenses or require time off work due to a work related injury, you need to complete a worker’s injury claim form and provide it to your employer. In Victoria, you are entitled to receive reimbursement of your reasonable medical expenses and weekly payments through a system of compulsory state-based insurance called the WorkCover scheme.
Individuals covered by the scheme include anyone employed by a Victorian business and self-employed workers in some instances.
Maximising your entitlements
The key to making sure you get access to these benefits is to:
1. Make an incident report in the injury register at your workplace as soon as your injury occurs.
Every Victorian employer is required to have an injury register at their workplace. Employers are also required to display information for workers about how to make a WorkCover claim.
2. Fill out a Worker’s Injury Claim Form as soon as possible after you are injured at work.
A good relationship with your GP will make the process of filling out and submitting your claim simpler. A GP who you attend regularly, and who knows about your condition and its link to your employment, will be able provide certificates of capacity and write reports which support your claim for weekly payments. It will also make easier for your lawyers to obtain useful information about your injury to advise you about your entitlements and assist with any disputes if necessary.
When filling out your WorkCover claim form, it is important to:
- provide as much detail in the form as you can about your injury and how and when it occurred
- provide details of the treatment you have had and the doctors you have seen
- make sure to give information about your pre-injury income as this is how your weekly payments rate will be calculated
- remember to attach a medical certificate, if you require time off work, it is essential to see a doctor and request a medical certificate known as a WorkCover Certificate of Capacity. For this certificate to be valid you must sign the consent section and the worker’s declaration on the back
- If you have any concerns or questions about how to complete the form, seek legal advice. Completing the form incorrectly can have unintended consequences.
3. Where to send the form.
As soon as possible following your injury, you must provide your employer with your:
- worker’s injury claim form
- WorkCover certificate of capacity
- bills or receipts of treatment.
Once you have submitted your WorkCover claim to your employer, they have 10 days to lodge it with WorkSafe on your behalf. There are penalties for employers who don’t do this.
Uninsured employers
If you are injured and your employer does not have WorkCover Insurance, you are still eligible for worker’s compensation. You should submit your paperwork directly to WorkSafe who will allocate an Agent to process your claim.
Getting a response
You can expect to receive a written response from the WorkSafe Agent within 28 days from the date they received the claim.
Workers’ Injury Claim forms are available to download via WorkSafe’s website.
It is important that you make sure to get legal advice early. Redlich's Work Injury Lawyers are experts in navigating the WorkCover system. If you contact us as soon as your injury happens, we can help maximise your chances of your WorkCover claim being accepted.
Further assistance
If you need assistance in completing your claim form or further information about your entitlements, please contact our legal team on (03) 9321 9988 or submit an online enquiry for a free, no-obligation discussion. Even if you don’t think your injury is serious, we recommend discussing your injury/illness with a lawyer while the details are fresh in your mind.
