Work Injury
A worker, who is injured during the course of employment, will be entitled to claim a range of benefits under the Victorian WorkCover scheme.
An injury can be new, or a worsening of a pre-existing condition and may be physical and/or psychological.
Work related injuries include fatalities; hearing loss; burns; severed limbs; scarring; repetitive strain injuries to arms, elbows and hands; psychological injury; back pain and strains due to manual handling; shoulder and neck injuries; injuries from chemical exposure; etc.
No-fault benefits
A worker who is injured is entitled to claim benefits regardless of the circumstances of the injury or who was at fault.
The no-fault benefits include:
- Medical and treatment services: ambulance, hospital, medical specialists, pharmacy, dental, etc.
- Other services: home modification, medical equipment, travel to medical treatments, child care, home services, gardening, etc.
- Weekly payments: for a worker with no current work capacity, up to 95% of their pre-injury income for 13 weeks and then 80% of their pre-injury income from the 14th week to 130th week, and beyond in certain circumstances.
- Lump sum impairment: a person, who suffers a permanent physical and/or psychological injury and provided that injury meets a minimum impairment threshold, is eligible to receive a lump sum benefit.
Death benefits
Dependants and non-dependants of a deceased worker may claim benefits as follows:
• weekly pension for a dependant partner and for dependent children
• lump sum payment for a dependent partner and for dependent children
• reimbursement of expenses
• support with funeral costs
• counselling services.
Common law damages
A worker who can show that the injury was caused by the fault or negligence of the employer may also claim common law damages payment for financial loss and/or pain and suffering and loss of enjoyment of life.
To succeed in a common law claim, the work related injury must also meet a "serious injury" threshold.
Circumstances that may give rise to negligence of the employer include failing to provide:
- safe plant and equipment
- safe premises and safe means of access to the premises
- competent fellow workers
- a safe system of work etc.
In the most severe cases the maximum amount of damages for pain and suffering is approximately $510,000.
In the most severe cases the maximum amount of damages for financial loss is approximately $1,100,000.
STRICT TIME LIMITS APPLY
The law sets strict time limits within which you must begin legal action. If you do not make your claim within the time constraints, you could lose all the rights to your entitlements.
