Yes, you're more than welcome to engage services from any of our lawyers in Redlich's, in whichever location is convenient for you.

There are three types of claims you may be able to make in Melbourne, Victoria when you suffer a work-related injury: a WorkCover claim, an Impairment Benefit claim, or a Common Law claim.

There are also three types of claims you can make when you suffer a transport accident in Melbourne, Victoria: a TAC claim, an Impairment Benefit claim, or a Common Law claim.

To make a public liability claim in Melbourne, Victoria you will need to pursue a Common Law claim.

WorkCover Claims

To make a WorkCover claim, there are three steps you will need to take.

1. The first step is to make sure you’ve reported your injury to your employer.
2. The second step is to obtain a medical certificate. This is called a certificate of capacity in Victoria and can be obtained from your usual doctor.
3. The third step is to lodge a WorkCover claim form with your employer and in some cases, WorkSafe. This is the step that starts your claim.

Impairment benefit claim

Once your injury is considered stable, you are entitled to make an Impairment Benefit claim. This is a no-fault claim and does not require you to establish that the injury occurred because of the fault or negligence of your employer.

For an injury to be considered stable, you are required to have completed any medical treatment you intend to undertake, as well as recover from any surgery or other medical procedures. At a minimum, an injury is considered stable 12 months from the date of injury.

In order to qualify for lump sum compensation through the Impairment Benefit process, your level of impairment must be assessed at the following minimum levels in accordance with the American Medical Association Guides (AMA) for physical injuries and the Guides to the Evaluation of Psychiatric Impairment (GEPIC) for psychiatric injuries:

• 5 per cent for musculoskeletal injuries
• 10 per cent for non-musculoskeletal injuries
• 30 per cent for psychiatric injuries

Common law claim

A Common Law claim starts when you make a formal application to the Victorian WorkCover Authority (VWA) to establish that you have suffered a serious injury. There are two ways in which to do this: you have a 30 per cent or more whole person impairment as determined in your lump sum claim (This is called a ‘deemed’ serious injury) or you have less than a 30 per cent whole person impairment but are granted a serious injury certificate by the VWA. Even if you have a 30 per cent or more whole person impairment, you are still required to make a formal application to the VWA who will automatically grant your application for a serious injury certificate.

You will need a lawyer to assist you in making a serious injury application. You will also need to demonstrate that you have suffered at least one of the following: permanent, serious impairment or loss of a body function; permanent, serious disfigurement; or permanent, severe mental or permanent, severe behavioural disturbance or disorder.

If a serious injury certificate is granted to you, you will have the right to pursue a Common Law claim for your injury. You must then prove fault or negligence by your employer and/or another party.

Your employer has a legal duty to take reasonable care for your health and safety whilst you are at work. This means they are required to provide you with a safe place of work, a safe system of work and safe plant and equipment. An employer can be negligent if they breach this duty. If the employer’s breach of that duty results in you suffering a serious injury, you may have the basis for a Common Law claim.

TAC Claims

To make a TAC claim, you need to contact the TAC. To lodge your TAC claim, call 1300 654 329, visit the TAC website.

If you have suffered physical or psychological injuries as a result of a transport accident in Victoria or whilst in a Victorian registered vehicle, you are entitled to lodge a TAC claim.

You have 12 months to lodge a TAC claim from the date of your accident, or the date an injury from your accident first becomes evident.

If the police did not come to the accident, you must report your transport accident to the police before you can lodge your claim.

Impairment benefit

The Transport Accident Scheme provides for a one off lump sum payment known as an Impairment Benefit. An Impairment Benefit is available if you have sustained a permanent injury as a result of the accident, regardless of whose fault it is.

The degree of impairment that you have suffered will be assessed when your injury is stable. For an injury to be considered stable, you are required to have completed any medical treatment you intend to undertake, as well as recover from any surgery or other medical procedures.

When we are preparing your Impairment Benefit claim, we will write to your treating doctors to obtain the necessary medical material. We will also arrange medical examinations with qualified specialists to determine the level of your permanent impairment.

In order to qualify for a lump sum payment, the level of your impairment must be assessed by the qualified specialist(s) at greater than 10 per cent whole person impairment in accordance with the American Medical Association Guides 4th Edition (AMA) for physical injuries and/or the Guides to the Evaluation of Psychiatric Impairment (GEPIC) for psychiatric injuries. The benefit is paid in accordance with a formula irrespective of whether you were working at the time of the accident.

Common law claim

The Transport Accident Scheme provides that those who have suffered a “Serious Injury” as a result of the negligence of another person may sue in Court for common law damages which can include pain and suffering and economic loss.

A serious injury can be determined through:

• having a 30 per cent impairment;
• the TAC agreeing that the injury was serious; or
• a Court granting permission to sue, because the injury was serious.

The law provides that if a permanent impairment of 30 per cent or more is not assessed, you may still have suffered a serious injury where one of the following has occurred:

1. there is a serious long-term impairment or loss of a body function;
2. there is permanent serious disfigurement;
3. there is severe long-term mental or behavioural disturbance; or
4. loss of a foetus.

An inability to perform your normal work or carry out your usual activities needs to be considered when looking at whether your injury may be deemed serious.

Public Liability Claims

If it can be established that your injury was caused by negligence, you can sue to recover your financial loss. This includes the cost of medical treatment and/or lost earnings during your time of incapacity. This type of compensation is payable regardless of the severity of your injury.

In addition to loss of earnings and out of pocket medical expenses, you can claim compensation for the pain and suffering you have suffered as a result of the injury. You are unable to seek this type of compensation unless you have suffered a “significant injury”. A “significant injury” is either:

• a rating of 5 per cent or more permanent impairment for a spinal injury
• a rating of more than 5 per cent permanent impairment for a physical, non-spinal injury; or
• a rating of 10 per cent or more permanent impairment for psychological injury.

Your level of impairment will be assessed by a specialist doctor qualified to assess your injury in accordance with specific medical guidelines.

There is a time limit of three years to start legal proceedings from the date you discovered your injury arose through the fault of another. If you fail to lodge your claim with the court within three years of this date, your claim will be barred.

Impairment Benefit

An Impairment Benefit claim is a ‘no-fault’ claim. This means that you do not need to establish that your employer and/or another party was at fault in how your injury was sustained.

To receive a lump sum payment under an Impairment Benefit claim, your injury must be stable and meet the permanent impairment threshold. 

An injury is considered stable after you have had, and recovered, from any significant medical treatment you need, such as surgery. Ordinarily, 12 months from the date of injury is the earliest an Impairment Benefit claim can be lodged.

The permanent impairment threshold is considered to be 5 per cent for musculoskeletal injuries, 10 per cent for non-musculoskeletal injuries, and 30 per cent for psychiatric injuries.

An Impairment Benefit claim can be made by completing a claim form and lodging it along with supporting medical information, such as clinical records and reports. It is important that all of your injuries arising out of the same event or circumstances are included on the claim form as you cannot make another claim for injuries that were not included on the claim form.

When your claim has been lodged, the insurer will arrange a medical examination(s) by a specialist doctor who will assess your level of permanent impairment. In some cases, the insurer will obtain assessments from multiple specialist doctors. There is no time limit to make an Impairment Benefit claim.

It is very important that you receive legal advice before accepting a lump sum payment under an Impairment Benefit claim. In some circumstances, it is appropriate to challenge the insurer’s assessment of your impairment.

Common Law Claims

A Common Law claim can be commenced once you have established that you have suffered a serious injury and the serious injury was caused by the negligence or fault of your employer and/or a third party.

You have six years from the date of the injury to commence a Common Law claim. We recommend that you seek legal advice well in advance of this date. If you believe you may be out of time, you should contact a lawyer urgently.

The turnaround time for personal injury claims in Melbourne, Victoria is dependent upon the type of personal injury claim you make and the specific circumstances of your claim.

It is important to contact a personal injury lawyer as soon as possible to discuss the circumstances of your injury and start your claim.

Yes, you can lodge a WorkCover or TAC claim without a lawyer in Melbourne, Victoria. However, in order to pursue legal action, you will require a lawyer.

For WorkCover claims, you will need a lawyer to guide you through the WorkCover claim process. Having a lawyer can also make a significant difference to the outcome of your claim. This is especially important when dealing with decisions made by the insurer responsible for your claim regarding your compensation payments, or with decisions made in regards to your medical treatments.

For TAC claims, the TAC will negotiate an appropriate amount of compensation with your personal injury lawyer. The TAC will not negotiate with you without a lawyer. It is recommended to engage a personal injury lawyer from the start of your claim as your lawyer will act on your behalf to lodge a ‘serious injury’ application with the TAC and move forward with you throughout the process.

For public liability claims, you will need a lawyer to guide you through the process of making your claim. A public liability lawyer can ensure you receive the maximum amount of compensation you deserve, rather than what the insurer will offer you in the first instance.

No, Redlich’s Work Injury Lawyers do not work on contingency. In fact, this is not legally permitted. 

Contingency fees are calculated as a percentage of your recovery rather than your legal costs. Lawyers in Victoria are not allowed to charge contingency fees in personal injury matters.

At Redlich’s Work Injury Lawyers, we work on a No Win No Fee basis, meaning we will not charge you professional fees if your claim is unsuccessful. Additionally, we will not charge an uplift fee. An uplift fee is an additional fee No Win No Fee firms charge to recognise the risk that they will not be paid if the claim is unsuccessful. This can include an additional fee on top of your legal costs and could be an additional amount of up to 25% of your legal costs. At Redlich’s we do not charge an uplift fee. We aim to keep our costs low so you can receive the majority of your compensation.

Generally, you are not required to pay tax from lump sum compensation you receive from a personal injury claim. However, some types of compensation payouts can still have important tax implications that you should be aware of.

Whether or not there are tax implications for your compensation depends on how the compensation is categorised. For example, pain and suffering damages are payable for your loss of enjoyment of life and is therefore not considered income. When your claim for compensation involves past or future lost income, the amounts payable are calculated based on your net losses – or your ‘take home’ pay, after tax.

However, there are some situations in which your compensation can be considered taxable. The first instance is when your compensation is paid to you as a weekly benefit. The second instance is when a withdrawal of lump sum benefits from a Superannuation fund can result in tax being withheld.

We strongly recommend you obtain advice from your accountant or financial advisor regarding tax implications that may be applicable to your compensation or settlement.