Maurice Blackburn

Maurice Blackburn can assist you with information relating to all work related injuries under both the WorkCover and Comcare schemes.

Maurice Blackburn takes the plight of injured workers seriously. That's why we ran a campaign to try to stop the Victorian Government raiding the WorkSafe surplus. Go to our Facebook page 'Back off Baillieu: WorkSafe is for workers' to read about the campaign. You can also read our blog.

Alan Newey talks about his workplace accident and cuts to WorkSafe. Watch his video.

Hurt at work? (WorkCover)

If you suffer from an injury, illness or disease arising out of, or in the course of employment, you can claim compensation from WorkCover. WorkCover covers injured workers, including part-time workers, casual workers and in many circumstances subcontractors such as owner/drivers and agency nurses.

If you are an injured Commonwealth Government employee, or an injured employee of companies licensed to operate under the Comcare scheme, you can claim compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth).

You can claim compensation for a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injuries or disease. Injuries including cancers, strokes, asthma, heart conditions and degenerative conditions are often aggravated or exacerbated by employment.

You may be able claim for injuries sustained during a normal recess, such as your lunchtime or morning and afternoon-tea breaks. As long as you can show some relationship between your employment and the injury, you may be able to claim compensation.

Maurice Blackburn Dandenong Principal John Salanitri represents Frank and Josie Cosentino, the parents of Joey Cosentino, who died when a cylinder exploded in his vehicle. Mr and Mrs Cosentino want to see changes to work practices so other people are not hurt at work from a similar accident. Watch their video.

Protecting your rights is our business

Accessing your entitlements under WorkCover can be a very complicated process. The benefits you are entitled to can vary greatly depending on when you were injured. If you are injured, you should seek advice from Maurice Blackburn who can guide you through the WorkCover claims process.

At Maurice Blackburn, we are committed to getting a fair outcome for our clients so you can get on with your life without disadvantage. From the very beginning, we fought for the rights of ordinary people. We continue this tradition today.

How do I claim compensation?

To make a claim you should:

• report your injury to your employer within 30 days of becoming aware of the injury
• complete a WorkCover claim form
• get a WorkCover medical certificate

Make sure to keep copies of the claim form and medical certificate and give the originals to your employer as soon as possible. Make sure they sign the form and date it on the day you provide it to them. You should also lodge a copy of the claim form with WorkSafe.

Our WorkCover experts can give you more information about the claim process.

How much will I get?

We can't tell how much you will get without your specific information. However, under the current legislation the maximum rate for weekly payment is twice the State average weekly earnings (presently $1,800). You may also be paid make-up pay in accordance with your Industrial Award. WorkCover will also pay all your reasonable medical and associated like expenses.

Lump sum claims

You can claim a lump sum for permanent impairment. Generally a claim cannot be made within 12 months of the injury and not before the injury is stable. The lump sum amount will depend on your impairment level and date of injury. The maximum payable is $511,920.

Death claims

If a worker dies as a result of a work-related injury, illness or disease, then the dependants of the worker are able to claim compensation. A lump sum of up to $511,920 plus a pension may be payable. If the death is due to the fault of the employer or any other person a dependant may also be entitled to bring a common law claim seeking damages.

What expenses are covered?

WorkCover will pay all reasonable medical, hospital, nursing, personal and household, occupational, rehabilitation and ambulance services.

Expenses such as doctors, chemists, physiotherapy and chiropractic bills are also covered. In addition, attendant care, modifications to a home or car, home help and transportation costs will be paid for, providing they are approved by WorkCover.

Can I sue?

If your injuries are due to the fault of your employer or any other person, you may also be entitled to bring a common law damages claim seeking a further lump sum payment.

You have six years from the date of your injury in which to commence a common law claim. You can claim up to a maximum of $1,175,820 for loss of earnings and $511,920 for pain and suffering. If you believe your injuries are due to your employer's or some other person's fault then you should seek advice from Maurice Blackburn immediately.

Want to know more?

Our expert WorkCover lawyers provide a free first consultation and will fight to ensure you receive the best possible outcome, because we recognise that the compensation you receive is vital to ensuring quality of life for you and your family. If you would like to make an appointment please call 1800 810 856.