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Ask about our No Win No Fee OR Expenses fee policy

If you are injured at work, WorkCover compensation is designed to protect you.

Injury can be an unfortunate part of our working lives. It can also have the most drastic consequences for your working life and as a result, on your personal life.

Our WorkCover lawyers are leaders within their fields and our WorkCover team is our largest department, boasting a proud track record of winning large compensation payouts for thousands of clients. Some of Victoria’s most important trade unions trust their member’s injury claims with us. That same level of case-toughened expertise is available to all our clients.

Why is it important to have someone on my side?

There are many obstacles that can stand between you and the WorkCover benefits you are entitled to. Just understanding how best to fill in an injury report can have far reaching consequences should your injury turn out to have complications in the longer run.

It is also sensible to recognise that the Victorian WorkCover Authority is not in the business of fighting for your rights to proper benefits. It is a government run insurance agency that has a vested interested in protecting the premiums it levies on companies and organisations in Victoria. Knowing how the system works is critical to claiming the full benefits and compensation that is available.

Ryan Carlisle Thomas also understands that most people wish to return to work as soon as possible if they are able to. Negotiating return to work plans and being sensitive to your broader working goals is a key part of understanding and experience.

Things you must do now: there is a 30-day deadline!

  • Report your injury. If you don't within 30 days, you may forfeit your cover.
  • Lodge your WorkCover claim with your employer. (You will need a medical certificate.)
  • You should get weekly payments immediately.
  • If claiming for a lump sum payment, call us. Now.

Personal Injury forum: Barbs' workplace injury

Barb, a nurse, sustained an injury while lifting a heavy patient – accidentally twisting her knee while trying to protect her back. In this interview she discusses her experiences while trying to claim workers compensation for the injury.

WorkCover at a glance

WorkCover covers all injuries. It’s your first call for immediate benefits and income support. WorkCover may also pay you a lump sum for impairment, but this takes a little longer to obtain.

The courts can also decide injury claims. If your injury is serious and there has been employer negligence, you may pursue a compensation claim for loss of earnings and to compensate you for pain and suffering. Typically, these are larger payments, they take longer to decide and have to be fought for.

WorkCover at a glance – benefits

WorkCover will pay all your medical costs and weekly benefits. They may also pay you a lump sum. Remember, you may receive a lump sum payment while retaining your weekly benefits and medical costs.

Medical costs

WorkCover must pay for reasonable medical and related costs following your injury. This includes home maintenance help.

Weekly benefits

Your first 13 weeks off work: 95% of your pre-injury wage.
After 13 weeks off work: 80% of your wage for up to 130 weeks, or longer if you continue to remain unfit for work.

Allowances and overtime are payable for up to 52 weeks.

Lump sums

Your compensation amount will depend on your level of permanent impairment. The threshold level of injury to get compensation is low. These are sample payments, as of 1 July 2011.

5% injury to spine: $12,190
10% whole person injury: $17,870
15% whole person injury: $31,320
20% whole person injury: $44,770
25% whole person injury: $58,220
30% physical or psychiatric injury: $71,670

Common law claims

Common law claims are the other type of compensation payments. These can amount to very large payments, certainly larger than those paid by WorkCover, but have to be contested in the courts. Because negligence is a key factor in determining liability, along with the seriousness of the injury, a common law action is effectively the act of suing an employer.

Any matter that goes to court is expensive. That’s why we offer clients a No Win No Fee OR Expenses policy, should be accept that they have a strong case. The payments are large at least in part because they take into account the severe nature of the injury and the impairment, the level of medical and personal care that will likely be required, and the pain and suffering endured.

Cases can be prolonged, sometimes taking years to arrive at a result. You need to have seriously good lawyers practiced in common law fights to be confident in the result. Our record is second to none in winning large common law compensation payouts. You also need a legal team that understands what you are going through as will keep you informed, always ensuring that you make all the key decisions.

How big a payout? A rough guide.

The first question that our common law compensation lawyers are asked is: “How large a sum will I get?” As these amounts are awarded in the courts, they are highly variable. Here, for your use, is a rough guide to some typical injuries and the payout range.

Note: these amounts are awarded for pain and suffering. Additional lump sums are often obtained for loss of earnings.

Spinal Cord damage consisting of immobility in affected area (e.g. upper or lower limb): $250,000 – to the maximum of $511,920

Back (surgery)

Spinal fusion surgery: Good surgical result: $150,000 – $250,000
Poor surgical result: $250,000 – to the maximum of $511,920
Discetomy surgery: Good surgical result: $100,000 – $150,000
Poor surgical result: $150,000 – to the maxiumum of $511,920
Laminectomy surgery: Good surgical result: $100,000 – $200,000
Poor surgical result: $200,000 – to the maximum of $511,920
Foraminectomy surgery: Good surgical result: $150,000 – $200,000
Poor surgical result: $200,000 – to the maximum of $511,920

Common back conditions

Non surgical back injury e.g. minor disc bulge or prolapse, with no nerve root impingement: $100,000 – $200,000
Spinal Stenosis: $100,000 – $300,000
Spondylolysis: $100,000 – $300,000
Spondylotic Myelopathy: $250,000 – to the maximum of $511,920

Neck (surgery)

Cervical fusion: Good surgical result: $150,000 – $250,000
Poor surgical result: $275,000 – to the maximum of $511,920
Non surgical neck injury e.g. minor disc bulge or prolapse, with no nerve root impingement: $100,000 – $200,000

Other conditions

Mesothelioma: $250,000 – $400,000
Other respiratory conditions: $80,000 – $400,000
Loss of sight in one eye: $175,000 – $250,000
Psychiatric injury: $100,000 – $200,000
Head injury: $150,000 – $400,000
Shoulder injury: $75,000 – $300,000
Knee injury: $75,000
Paraplegia: Likely to be the maximum of $511,920
Quadraplegia: Likely to be the maximum of $511,920

How Facebook killed the WorkCover claim

Call 1300 366 441 or find us at an office near you for free advice on WorkCover and other injury claims, or download our WorkCover brochure