Workcover Claim in Melbourne
As an employee you have the right to make a workcover claim if you are injured in the workplace. The workcover claim process is a no-fault system and covers you, the employee, in any official capacity at work, regardless if you are on break time, an official visit, function, etc. Workcover claim is also known as workers’ compensation and is governed by Worksafe Victoria in Victoria. Other states have their own authority. Abbey Law is en experienced firm in Melbourne who can effectively deal with your workcover claim.
The Workcover Claim / Workers’ Compensation Insurance Scheme in Detail
Workcover claim is a type of insurance model which provides wage replacement and often medical benefits and payments to employees injured during their normal course of employment. This insurance or compensation is provided in lieu of mandatory relinquishment of the employee’s right to sue their employer for the tort of negligence.
The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as “the compensation bargain”. One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that, and thus to ensure security of compensation to the workers. Individual immunity is the necessary corollary to collective liability.
Workcover applies to all types of employees such as:
- Full or part time workers
- Teleworkers (those working from home or on a piece-rates)
- Casual or permanent workers
- Deemed workers (i.e., those on work experience, voluntary workers, jurors and so on)
- Some self-employed or contract workers
Worksafe Victoria – for Workcover Claim
Why would I need a lawyer for a workcover claim? Well, the answer is fairly simple. Employers and insurance companies will almost never offer the injured employee a fair settlement for their workcover claim.
It requires an experienced and meticulous lawyer in this field to recover full compensation. The workcover claim area of law is complex and it’s essential that you act early and engage a skilled lawyer. This may dramatically increase the speed of your settlement whilst ensuring that you receive full and fair compensation.
Typically a workcover claim lawyer will perform these tasks whilst analysing and investigating your particular work claim cover.
- At Abbey Law, David Kemp an experienced personal injury and workcover lawyer in Melbourne will fully investigate all the circumstances relating to your workcover claim.
- The workcover legal process can be very complicated. Abbey Law and David Kemp will ensure all forms relating to the claim are completed accurately without any errors. They will guide you through the process.
- David will make sure that all medical evaluations are fully documented and carried out thoroughly. He will also ensure that independent medical practitioners and specialists are used to fully detail the extent of your injury.
- It’s important to note that after evaluation of your case, there could be grounds for a common law claim. There are significant differences in the process and gravity of the claim. Common law claims are dealt with in a different article. More information regarding a claim under common law, or the criteria that needs to be met can be found in the Accident Compensation Act.
Insurance Schemes other than Workcover
Workcover is not used for Commonwealth Government workers or its agencies, for example, Telstra. A separate system called Comcare is used to compensate these workers. If you are unsure which system you fall under, contact Abbey Injury Law as soon as possible.
WorkCover is extremely comprehensive and can be used to provide:
- Weekly compensation payments
- One off lump sum impairment payments
- Common law compensation for negligence or breach of ‘duty of care’
- Medical and rehabilitation costs
- Payments to spouses and dependents of deceased employees
Additional Resources Regarding a Workcover Claim
- Worksafe Victoria
- Fair Work Australia
- Fairwork Ombudsman
- Victorian Equal Opportunity and Human Rights Commission
When making a personal injury claim, it is important to understand that varying time constraints exist for varying types of injuries or accidents. It is possible in some cases to achieve extensions depending upon your case, however it cannot be overstated that you should act as quickly as you can. We can help you at Abbey Injury Law to deal with your claim as smoothly as possible.
Abbey Injury Law operates under a ‘no win, no-fee’ basis in almost all cases. Contact us to arrange a no-obligation consultation so we can determine the weight of your claim and fight on your behalf.