HAVE YOU BEEN
INJURED AT WORK?
Let us get you the compensation you deserve
If you’ve suffered an injury or trauma while at work, you may be able to claim workers’ compensation, obtain a lump sum payment, sue for damages or claim against your income protection insurance and superannuation.
A workplace injury can be more than physical harm or trauma. It includes any disease, bullying or other psychological damage linked to your job or workplace. Even pre-existing injuries or illnesses aggravated by your job may count as work-related injuries.
Here are some of the most common workplace injuries:
- Back and neck injuries
- Shoulder and hand injuries
- Bone Breaks and Fractures
- Construction site injuries
- Fire or chemical burns
- Anxiety, depression or other mental health issues
- Bullying and psychological abuse at work
- Loss of hearing from noise exposure at work
- Farm injuries
- Exposure to hazardous materials (i.e. chemicals, asbestos, silica)
- Melanoma and other cancers
- Asthma and respiratory disease
- Stroke, or heart disease worsened by employment
What compensation will cover
If you are a full-time or part-time worker in Victoria, your employer must have WorkCover insurance. In certain circumstances, subcontractors may also be counted as workers. WorkCover will cover costs such as:
- Weekly payment of compensation
- Payment of medical treatment and rehabilitation costs
- Modifications to your home or car
- Ambulance and other transportation costs
- Lump-sum compensation in the event of a serious injury
The workers’ compensation specialists at Carbone Lawyers will help you to submit and pursue your compensation claim. If your WorkCover claim has been rejected, we can help you appeal the decision.
IMPORTANT: Never sign anything or accept any compensation offer until you receive proper legal advice. You may be entitled to a lot more than you’ve been offered. Don’t settle for less.
Legal action against your employer
Suppose your injury was the fault of your employer or another person and is considered “serious” as defined by the Victorian Workers’ Compensation legislation. In that case, you might be able to sue for:
- Pain and suffering
- Future loss of earnings and loss of earning capacity
- Loss of superannuation contributions
We will advise you on the likely success of a lawsuit once we understand your circumstances.
Superannuation claims
If you have an income protection policy as part of your superannuation and you’re forced to stop working due to injury, you may be able to claim against the policy. In some circumstances, you might be entitled to a superannuation lump sum.
Please see our Page on Superannuation, Total & Permanent Disability and Income Protection.
Learn More About Workplace Injury
Workers Compensation FAQs
Am I eligible for workers’ compensation if I am a part-time or casual worker?
Yes, in Victoria, all employees, including part-time and casual workers, are covered by WorkCover insurance. Subcontractors may also be eligible under certain circumstances, read our guide to WorkCover eligibility for more information.
What types of injuries are covered under WorkCover?
WorkCover covers both physical and psychological injuries, including those caused by accidents, repetitive strain, or workplace bullying. Pre-existing conditions aggravated by your job also should be considered work-related injuries, learn more about the impacts of pre-existing injuries.
How do I lodge a WorkCover claim in Victoria?
To lodge a WorkCover claim you must report the injury to your employer within 30 days of becoming aware of the injury. Seek medical assistance and obtain a WorkCover Certificate of Capacity from your doctor as this is a requirement for claims seeking weekly payments, then complete the WorkCover claim form. If you have not submitted a claim within 30 days, you should still do so as soon as possible to avoid delay.
Can I still claim workers' compensation if my injury was partly my fault?
Yes, WorkCover is a no-fault scheme which means you can still claim compensation regardless of who was at fault.
What can I do if my WorkCover claim is denied?
If your claim is denied, you have the right to appeal the decision. Referrals to conciliation must generally be made within 60 days of the decision, though there can be exceptions. Carbone Lawyers can help you appeal the decision. We will guide you through the appeals process and advocate for your rights to ensure you receive the compensation you deserve.
How much compensation can I expect to receive for my injury?
Compensation varies based on the severity of your injury and individual circumstances. It may include weekly payments, medical treatment costs, rehabilitation expenses, home or car modifications, and lump-sum payments for serious injuries. Contact the experts at Carbone Lawyers for a free claim assessment today or view our case files for real-world examples of clients receiving compensation.
What should I do if I am unhappy with my current lawyer handling my workers' compensation claim?
If you are unsatisfied with your current lawyer, you can switch to Carbone Lawyers. Our team offers a no-win, no-fee policy for most personal injury claims and can provide you with expert legal advice and representation. We will handle the file transfer process for you, stress-free, so you can focus on what matters and your treatment.
