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Looking for help? We're here and ready to assist you now. We have an Accredited Personal Injury Law Specialist that's on stand by and ready to answer some of your questions about your personal injury claim.

LiveChat and Phone Support available from Monday to Friday, 8:30am – 5pm AEST.

Frequently Asked Questions

Am I entitled to WorkCover?

If an injury, illness, or condition you have suffered is in any way connected to your work then you may be entitled to WorkCover Benefits. If an injury happens due to the duties that you perform at work on a specific day then it is easy to see that an injury is work related.

Often injuries do not arise on a single day but build up over time due to the work that you do from day to day. “Over the course of employment” injuries are very common. Sometimes your Doctor will be able to identify whether your injury is due to the type of work that you can do.

Sometimes workers are required to do work duties outside of normal work hours and the usual place of business, but if those duties are work related and you are injured you are still entitled to WorkCover. A classic example is getting work tools or other items out of your car at home.

Not sure if you’re covered for work related injury? You can always start a live chat with one of our Accredited Personal Injury Law Specialists or call us directly on 1800 841 692 and we’d be happy to answer any of your questions.

I was injured at work and it was someone else's fault. Can I sue?

If you have a “serious injury” then yes, you can.

Where injuries are long term and serious you can make a claim for loss of income and pain and suffering damages. But you must be able to prove that your injury was someone else’s fault, either your employer or someone else.

Still not sure if you can sue for your injury because of someone else’s fault? You can always start a live chat with one of our Accredited Personal Injury Law Specialists or call us directly on 1800 841 692 and we’d be happy to answer any of your questions.

What if I am unhappy with a WorkCover Decision?

Conciliation

Any decision made by a WorkCover insurer may be referred to conciliation. Conciliation is meant to be a process controlled by the independent conciliator which allows discussion of the dispute. The conciliator helps you to find a way to resolve the dispute, but has only limited powers to make a binding decision.

You do not need a lawyer to go to conciliation, but you may find it helpful. You may want to take a friend with you.

What you need to do is:

  1. Within 60 days of the decision being notified to you, complete a Request for Conciliation form.
  2. Send the form and any medical reports supporting you, and a short written summary of what should happen and why, to the Accident Compensation Conciliation Service.
  3. A date for a conciliation meeting will be set, and you will be notified.

We can assist you:

  • to lodge the conciliation request;
  • to obtain all relevant material and file it with the Conciliation Service;
  • by attending conciliation with you.

If you are not happy with a conciliation outcome, seek legal advice from one of our Accredited Personal Injury Law Specialists or call us directly on 1800 841 692. You may be able to take the dispute to court for a decision.

Can I appeal to Court?

YesIf conciliation is unsuccessful, you may issue proceedings in the Magistrates Court or County Court.

Sometimes medical questions are referred from conciliation or Court to a Medical Panel.  A Medical Panel is made up of a number of doctors who will read the documentation, examine you and make a decision on the medical question which is then binding on the parties and on the Court.

What benefits do WorkCover pay?

Weekly Payments

A weekly wage calculated on what you were earning prior to injury is payable.

There are different rules that apply to the rates of pay that are payable and for the length of time that you can receive payments after injury.

Medical Expenses

Medical expenses for medical appointments, treatments and medication, provided they are reasonable and are related to your injury, are payable. Other costs that you may have (such as gardening, home help, car modification, and the like) may also be paid by WorkCover following injury.

Lump Sum Compensation

If your injury is long term WorkCover may pay a lump sum of compensation to you.

You may be entitled to an Impairment claim and, if your injury is “serious” and someone else is responsible for it, you may be entitled to a common law payment for pain and suffering and loss of income.

Your personal injury lawyer can help you with these benefits. Call us on 1800 841 692 to speak with an Accredited Personal Injury Law Specialists

Can I claim from the TAC?

A person can generally make a claim from the TAC if they are injured in a motor vehicle accident, due to the driving, or in certain circumstances, the use of, a motor vehicle. The definition of “motor vehicle” is quite broad, and can include a variety of transport, such as cars, trains, buses and even some industrial vehicles.

There are some exceptions to this, such as unregistered vehicles being driven off road, or lighter motorised transport such as mobility scooters, though advice should be sought from your solicitor at Arnold Dallas McPherson if any vehicle has been involved in your injury.

Still not sure if you can make a claim from the TAC? You can always start a live chat with one of our Accredited Personal Injury Law Specialists or call us directly on 1800 841 692 and we’d be happy to answer any of your questions.

TAC won’t respond to me, what can I do?

Generally speaking, TAC will respond to your various enquiries or requests for medical treatment or reimbursement. However, on occasion there can be significant delays in any decisions made by the TAC.

The first thing to do is ensure that you continue to contact the TAC to make sure that they are paying attention to your issue. The squeaky wheel gets the oil.

If they continue to not respond to you, you should have a chat with a Personal Injury Lawyer to discuss what options there might be in engaging with the TAC regarding the issue at hand.

I have been injured in a public place. Can I still make a claim?

Yes. However, the type of claim will depend upon how your injury occurred. Such claims cover a very wide range of circumstances such as trips, slips, falls, defective goods, defective equipment, defective buildings, criminal activity, failure to control domestic animals such as dogs and cats, failure to control livestock such as cows and horses and a great number of other circumstances.

If you would like to know if you have a Public Liability Claim, then try out our Public Liability Claims Check tool. It’s completely free to use and you may be eligible for a free consultation with a personal injury lawyer to discuss your particular circumstances.

Alternatively, have a chat with a Personal Injury Lawyer to discuss your options or call us directly on 1800 841 692 and we’d be happy to answer any of your questions.

How are Public Liability claims different from WorkCover/TAC?

In public liability claims, there are no statutory authorities, such as the Victorian WorkCover Authority or the Transport Accident Commission to deal with after you are injured.

However, governments, most businesses and householders these days have Insurance to cover these types of accidents so in most instances if you are injured there will be an insurance policy available to pay your claim if you are successful.

However, it is unusual for these insurers to make any progress payments for your expenses before your claim is finalised. Accordingly, it is a good idea to act promptly to ensure full payment is made as soon as possible.

I have asbestosis, can I make a claim?

Yes, it is likely that you can. If you have been diagnosed as suffering asbestosis it is likely you have been exposed to substantial levels of asbestos dust in your work during your lifetime.

It is usually possible to pursue a claim for damages you have suffered, including pain and suffering and loss of enjoyment of life, due to exposure to asbestos.

Please reach out to us and we will readily be able to advise you of your chances of pursuing a claim for asbestosis.

What are the Legal Costs of pursuing a claim?

If Arnold Dallas McPherson take on your claim to pursue damages due to your injury, then we would do it on a a ‘No Win, No Fee’ basis.

In the event that you win or settle your claim it is common for the Defendant/s in an action to contribute substantially to legal costs. Any shortfall of costs that is likely to be payable by you will be fully explained to you prior to commencing the claim.

We will discuss costs in detail with you at our first interview. We will always answer your questions about costs and will clearly advise you of the total costs when you come to settle your claim.

Have a chat with one of our Accredited Personal Injury Law Specialists or call us directly on 1800 841 692 and we’d be happy to answer any of your questions.

Who is Arnold Dallas McPherson?

Founded in 1994, Arnold Dallas McPherson Lawyers has acted on behalf of thousands of injured Victorians, helping them to achieve excellent results and financial security.

Our lawyers are experienced in all facets of Personal Injury Law which include:

We also provide assistance with:

  • Superannuation Total and Permanent Disability Claims 
  • Superannuation Income Protection Claims
  • Superannuation Early Release Applications 
  • Employment and Industrial Law
  • Unfair Dismissal 
  • Underpayment of Wages

Our lawyers take the time to listen to you personally, get to know your story, and ensure that you are receiving all the financial support and benefits available to you.

With offices right across Victoria, we are able to meet the needs of people in those in both Country Victoria as well Melbourne Metropolitan regions so that all Victorians can access affordable, clear and concise legal services. 

Ask us anything

If you have a question, want some more information or would just like to speak to someone, make an enquiry now and we’ll be in touch with you as soon as possible.

Otherwise if you want to speak with a special inhury lawyer now regarding your calim then please call the hotline number below from Monday to Friday, 8:30am – 5pm AEST.

1800 841 692

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