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In Victoria, persons who have suffered a workplace injury through no fault of their own can claim for compensation through the WorkCover No-Fault Scheme and under the Workplace Injury, Rehabilitation and Compensation (WIRC) Act 2013.
WorkCover is the Victorian workers compensation scheme that provides benefits and compensation to persons who are injured in workplace accidents.
If a person has been injured or has aggravated an injury, or their health has been affected by their workplace, they may be entitled to compensation from WorkCover.
The injured worker is required to report their injury to their employer and complete a WorkCover claim form. The injured worker is also required to have their doctor complete a WorkCover Medical Certificate.
The benefits available to an injured worker through the WorkCover include weekly wages, medical expenses, lump sum payments for the injured worker’s permanent impairment, domestic care expenses, and travel expenses for medical appointments.
Common law damages are separate to the benefits available to a person through the WorkCover No-Fault Scheme.
A worker may have a common law right to damages (compensation) where a duty of care has been breached by an employer, or where an employer or other person has not complied with their legal obligations, and the worker has suffered a serious injury as a result.
Employers are required to have workers compensation insurance for employees in their workplace. This insurance scheme covers:
The types of injuries covered include:
To prove negligence, the injured worker must show that:
If a person can prove that they have suffered a serious injury as a result of an employer’s negligence, they can be entitled to compensation for:
Factors that may impact the amount of compensation a person may be entitled to are mainly regarding the gap between the person’s predicted life path and their new life path after suffering the injury.
In Victoria, an injured worker typically has six (6) years from the date of injury to commence common law proceedings.
In regards to WorkCover claims, an injured person must notify their employer of their injury within 30 days from the date of injury or from when they become aware of the injury.
If a person is unable to work due to illness or injury, they may be entitled to benefits through their superannuation or other insurance policies. Contact Littles Lawyers to discuss your eligibility to make an insurance claim.
Emily Wright and our team are specialist personal injury lawyers who can assist you with your claim on a ‘No Win No Fee’ basis. If you would like advice in relation to a personal injury claim, please reach out to Emily Wright and Littles Lawyers today.