WorkCover Lawyers for Injured Workers in Melbourne and Victoria

No. Rejections are common and frequently overturned. The insurer must give reasons, and those reasons are reviewable, often at Conciliation, sometimes by a Medical Panel, occasionally in court.

Strict time limits apply to lodging and disputing WorkCover claims, so a rejection left alone can become much harder to challenge later. Our guide explains when you should speak to a WorkCover lawyer.

Once your claim is accepted, you are entitled to:

• Weekly Payments: A percentage of your pre-injury average weekly earnings if you are unable to work or have a restriction in work capacity
• Medical Expenses: Coverage for surgery, GP visits, physiotherapy, psychological support and much more, so long as it is reasonable and necessary.
• Rehabilitation: Return-to-work support and occupational therapy as well as retraining if you cannot return to your previous career.
• Superannuation Contributions: Depending on your circumstances and claim, you may also be entitled to superannuation contributions paid by the WorkCover insurer.
• You may also be entitled to lump sum benefits (see below)

A critical hurdle in any WorkCover claim is the 130-week mark. Insurers will often attempt to terminate your weekly payments at this stage by arguing you have a “capacity for work” or that you do not meet a specific percentage threshold. If your payments have been cut off or you are approaching this milestone, immediate legal intervention is required to maintain your income.

We explain what happens after 130 weeks on WorkCover, and what to do if your payments stop, in our detailed guide.

Even if nobody was at fault for your injury, you may be entitled to a tax-free lump sum payment if your injury has resulted in a permanent impairment. This is assessed by independent doctors once your injury has stabilised (usually 12 months post-accident).

If your injury was caused due to someone’s fault you may be able to sue for substantial damages for pain and suffering and/or economic loss. Even when fault is not obvious, work practices may be unsafe and a person or company may be found to be negligent (eg, lack of training, defective equipment, unsafe work practices).

To do this, you must be granted a “Serious Injury Certificate” by proving:

• You have a permanent impairment of 30% or more; OR
• You meet the “Narrative Test”, demonstrating the injury has had a severe, permanent impact on your life; OR
• You have suffered a permanent 40% loss of earning capacity and this is likely to continue. 

Our team can confidently assist you in obtaining both a Serious Injury Certificate and suing for negligence.

WorkCover doesn’t just cover bad backs and broken bones. If you have suffered a psychological injury due to workplace bullying, harassment, or unreasonable management action, you have the right to claim compensation. These claims are complex and heavily scrutinised by insurers, making an elite legal strategy essential.