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If you were injured at work, on the road, or in a public place, you may be entitled to compensation. To find out if you're eligible, use the free tool below.
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Our lawyers are on stand by and ready to answer some of your questions about your claim.
Frequently Asked Questions
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. A lawyer can assist you in completing your WorkCover Claim Form to clearly indicate that your injury has occurred over time.
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.
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 lawyer can help you with these benefits.
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.
You need Specialist Legal Advice to pursue a claim against someone for compensation. Arnold Dallas McPherson can advise you of your chances of making a successful claim and guide you through the process.
Insurers often simply don’t respond to a request you or your Doctor has made to them.
It is very frustrating when they simply won’t get back to you. Following these easy steps will ensure any delay in responding will not be protracted –
– Make sure any request you or your Doctor make of the insurer, such as for treatment or home help, is done via fax or email.
- Keep a copy of the request and confirmation that it was received.
- Diarise for 28 days to see if there has been a response.
- If there has been no response lodge a Conciliation request.
A non-response Conciliation request usually is enough to prompt the Insurer to attending to the request, but you must be able to prove that they got the request in the first place.
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:
- Within 60 days of the decision being notified to you, complete a Request for Conciliation form.
- 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.
- 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. You may be able to take the dispute to court for a decision.
Can I appeal to Court?
Yes. If 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.
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.
You have one year to lodge a TAC claim after your motor vehicle accident. There are certain circumstances in which this can be extended, however the safest course is to call the TAC and begin the claims process within one year of the date of your accident.
The circumstances in which this period can be extended are complicated and if you are beyond the one-year period, you should contact us as soon as possible for advice.
Loss of Earnings/Income replacement
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. Complicating factors, such as sporadic or self-employment, or multiple jobs can make this calculation difficult.
TAC do not always get this calculation right. Your lawyer will be able to advise you in relation to such payments as they apply to you personally.
Medical Expenses
Medical expenses and other similar costs that you may have are paid by TAC following injury. This can extend to a range of assistance, including gardening, home and car modifications, aids and appliances.
Lump Sum Compensation and Damages
If your injury is significant and permanent TAC may pay a lump sum of compensation to you.
You may be entitled to an Impairment claim and, if you have a ‘serious injury’ and someone else is at fault, a common law damages claim for pain and suffering and loss of income.
Your lawyer can help you with these benefits.
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 the other driver or someone else.
You need Specialist legal advice to pursue a claim against someone for damages. Arnold Dallas McPherson can advise you of your chances of making a successful claim and guide you through the process.
At various stages throughout a claim, the TAC may make a decision in relation to your entitlements that you do not agree with. At that stage, it is extremely important that you obtain legal advice regarding your options as soon as possible.
You only have one year to dispute any decision made by the TAC. This is a very strict time limit and it is not able to be extended.
Once you have a dispute with the TAC, however, there is a protocol process between the TAC and solicitors acting for injured persons that allows most matters to be resolved.
Depending on the nature of the matter, if agreement cannot be reached with the TAC, the matter can be referred to VCAT or in some instances a Court to resolve.
Even what you might consider relatively minor issues should be queried with your solicitor at Arnold Dallas McPherson as early as possible so as to ensure your rights are protected.
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 have been injured like this or in some other manner it is always best to see one of our solicitors at Arnold Dallas McPherson on a no obligation basis to assess your claim in detail. We can then let you know whether, and if so, how to proceed with your claim.
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. We are very experienced in efficiently processing these types of claims for our clients.
It is therefore very important that you receive early advice in relation to your claim.
If you suffer injury due to the fault of another party, generally speaking you will be able to claim the following:
Loss of Income Damages
If you are unable to work as a result of your accident for a specified period of time or tragically perhaps never able to work again, you can claim for past and future loss of income. This will be calculated on a net weekly basis and paid to you as part of your claim by way of lump sum. How this is calculated can be quite complex and will depend upon a number of factors such as your usual employment, education, skills, training, age and experience. We are very experienced in calculating this loss and claim every amount to which you are entitled.
Medical and like Expenses Damages
You can claim for any and all medical treatment and like services that have been required for the past and into the future. Doctors’ Fees, surgeries, medication, travel to services, physiotherapy, counselling and a host of other relevant medical treatment are claimable.
Past and Future Care
Compensation for this type of care and domestic assistance can be claimed – even if it is not paid for at the time, such as when this assistance is provided by family members or friends.
Again, these claims can involve quite complex calculations, and will often require evidence from medical professionals, such as doctors and occupational therapists. It is very important that expenses like this are properly calculated, so as ensure that you are adequately covered into the future for ongoing medical and like expenses. At Arnold Dallas McPherson, we engage with highly qualified medical experts to ensure that your compensation claim properly allows for these out-of-pocket expenses.
Pain and Suffering Damages
Pain and suffering compensation is available in these types of claims. Such payments can be substantial, and depend upon the injuries suffered. However, the way in which your pain and suffering claim will be determined will turn on the law that applies to your case, and this will depend upon how and where your accident occurred.
Sometimes the claim will involve assessing your level of impairment suffered as a result of the accident and whether you have been left with a “significant injury”, while in other types of claim, such as product liability, intentional acts, and accidents occurring outside of Victoria, your claim may depend upon the degree of injury and disability you have suffered.
Successfully achieving the best result for you in any of these circumstances is our goal and you can be assured that we at Arnold Dallas McPherson will claim any and all pain and suffering compensation damages available to you.
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Arnold Dallas McPherson Lawyers are dedicated to providing the highest standard of legal services on a no win, no fee basis, ensuring that everyone has access to legal representation to fight for the compensation they deserve. Our No Win, No Fee policy means that you won’t have to pay legal costs unless your case is successful.
Legal Disclaimer
This guide outlines important information if you've been injured in a workplace accident within Victoria. Please be aware that the advice given here is of a general nature, and we recommend that you consult one of our Personal Injury Lawyers to discuss your particular circumstances. The contents of this page are considered accurate as of the date of publication; however, applicable laws may be subject to change, therefore affecting the accuracy of the contents of this page.
