Work injury compensation claims
Injured at work in Victoria? Our Melbourne WorkCover lawyers help claim compensation with expertise and personalised legal support. No Win, No Fee; No Uplift Fee
WorkCover claims in Victoria
If you have been injured in a work accident in Victoria, Brave Legal’s Melbourne WorkCover lawyers can help you understand your rights and claim compensation you’re entitled to. You don’t need to face the WorkCover system alone.
Whether your physical injury occurs suddenly, develops over time or is an aggravation of a pre-existing condition; you may be entitled to compensation of weekly payments, medical expenses, a lump sum, or award of damages.
Brave Legal’s WorkCover lawyers manage your injury claim from start to finish, so you can focus on recovering while we help you access your entitlements.
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Client outcomes with care and compassion
A workplace injury can be devastating. It can impact your income, your family, your confidence, and your plans for the future.
Recovering from a workplace injury is about more than navigating a compensation system. Finding a Workcover lawyer who handles matters with compassion is critical.
Our award winning and experienced WorkCover lawyers at Brave Legal work closely with you to understand your circumstances, clearly explain your options and guide you through the compensation claims process so you can focus on your recovery.
To discuss a claim, contact our WorkCover lawyers on 03 9070 9816 or send a message through our Contact Form.
Who can make a WorkCover claim in Victoria?
WorkCover claim eligibility
If you’ve been injured because of your work, you may be entitled to make a WorkCover claim. The compensation available depends on a range of factors, including:
- The nature and severity of your injury
- Whether your injury is permanent
- Your ability to return to work
- Your pre-injury earnings
- Whether your employer was negligent
- Whether you satisfy the legal thresholds for additional compensation.
Who is covered?
Many people assume WorkCover only applies to full-time employees. In fact, the scheme covers a much broader range of workers. You may be eligible to make a WorkCover claim if you are:
- Employees engaged on a full time, part time and casual basis
- An apprentice or trainee
- Labour hire worker
- Fixed-term employee
- In some circumstances, a contractor or subcontractor who is legally considered a 'worker' under Victorian WorkCover legislation
- A dependent of someone who died as a result of a workplace injury.
What does WorkCover pay for?
Explore the main forms of financial and practical support available under the Victorian scheme.
Weekly payments
If your work injury prevents you from working or means you can only return to reduced hours or modified duties, you may be entitled to WorkCover weekly payments to replace some of your lost income.
These payments are generally based on your pre-injury earnings and can continue while you remain unable to return to your normal work, provided you continue to meet the legislative requirements.
Medical and rehabilitation expenses
WorkCover can pay for reasonable medical treatment and rehabilitation costs that relate to your injury at work.
This may include:
- General practitioner and specialist appointments
- Physiotherapy and allied health treatment
- Surgery and hospital expenses
- Prescription medication
- Diagnostic imaging and pathology
- Psychological treatment
- Occupational rehabilitation and return-to-work support
- Travel expenses for approved treatment
Brave Legal WorkCover lawyers aim to ensure you have full access to the treatment you need to maximise your recovery.
Lump sum impairment benefit
If your work injury results in a permanent impairment, you may be entitled to a tax-free lump sum payment known as an Impairment Benefit.
This is a no-fault entitlement, meaning you do not need to prove that your employer did anything wrong. Instead, your entitlement depends on whether your permanent injury meets the minimum impairment thresholds set by the legislation after your condition has stabilised (typically after 130 weeks).
Common law damages
If your injury was caused by your employer’s negligence (or the negligence of another / a third party) and it is sufficiently serious, you may also be entitled to bring a common law damages claim.
Unlike weekly payments and impairment benefits, a common law claim requires proof that your employer or third party breached their duty of care and that this caused your accident at work.
To make a common law claim, you need to provide that you have a “serious injury”. This means that if your physical work injury is independently assessed as being 30% or more whole person impairment, you can make a claim for damages relating to pain and suffering and/ or economic loss.
If you were assessed at lower than 40% whole person impairment, you must satisfy the narrative test which is met where the consequences of your injury are considered serious.
Dependency claims
Where a loved one’s death occurs as a result of negligence, the dependents of a person who has died can bring a claim. This is called a dependency claim and is a way to seek damages for the financial and non-financial contribution that someone made to their household which has been lost by reason of their death.
You can read more about Dependency Claims here.
How to make a WorkCover claim in Victoria
If you’ve been injured at work in Victoria, it’s important to start the WorkCover claims process as soon as possible.
01
Seek medical treatment
See your GP, attend hospital and obtain a Certificate of Capacity.
02
Notify your employer
Tell your employer in writing about the injury and how it happened.
03
Complete a WorkCover claim form
Get the form from your employer, insurer or WorkSafe Victoria.
04
Lodge your claim
Give the form and Certificate of Capacity to your employer. The insurer assesses it within 28 days.
05
Receive a decision
If accepted, support can include medical expenses, weekly payments, rehabilitation and funeral expenses. A rejected claim can be reviewed.
06
Do I need a lawyer?
Legal advice is valuable if your claim is rejected, payments stop, your injury is serious or your entitlements are disputed.
Leading WorkCover lawyers in Melbourne
At Brave Legal, we understand that making a WorkCover claim can feel overwhelming, particularly when you’re recovering from an injury.
We take the time to clearly explain the process in plain English, answer your questions and guide you through each step.
At Brave Legal, we combine specialist work injury expertise with compassionate client care. We offer No Win, No Fee legal services, do not charge an uplift fee, and are committed to helping our clients understand their rights and achieve the best possible outcome.
Answers to common questions
Every claim is different. Our team can help you understand what applies to your circumstances.
What is WorkCover?
WorkCover is Victoria’s workers’ compensation scheme. It provides financial support and treatment for workers who are injured at work or develop a work-related illness. Depending on your circumstances, WorkCover may cover medical expenses, weekly income payments, rehabilitation costs and, in some cases, lump sum compensation or common law damages.
What injuries are covered by WorkCover?
WorkCover covers many different types of workplace injuries and illnesses, including fractures, back injuries, repetitive strain injuries, occupational diseases, and injuries that develop gradually over time. Even if you had a pre-existing condition, you may still have a claim if your work contributed to making it worse.[
When should I speak to a WorkCover lawyer?
We recommend speaking to a WorkCover lawyer if:
- Your claim has been rejected
- Your weekly payments have been reduced or stopped
- You’re being asked to attend an Independent Medical Examination (IME)
- Your injury is serious or permanent
- You think your employer’s negligence caused your injury
- You’re considering a serious injury or common law damages claim
- You’re unsure whether you’re receiving all the compensation you’re entitled to.
At Brave Legal, we can explain your rights, answer your questions and help you understand the best path forward. Even if you haven’t lodged a WorkCover claim yet, obtaining advice early can give you confidence that you’re making informed decisions from the outset.
Are there time limits to lodge a WorkCover claim?
Yes. A WorkCover claim should be lodged as soon as possible after your injury. If you may also have an impairment benefit claim or a common law damages claim, additional limitation periods apply.
Can my family claim compensation after a fatal workplace accident?
Yes. If a loved one has died because of a workplace injury or illness, eligible family members may be entitled to dependency compensation, funeral expenses and, in some cases, common law damages. These claims can be complex, and obtaining specialist legal advice can help ensure your family’s rights are protected.
Will WorkCover pay my superannuation?
Weekly WorkCover payments are not treated in the same way as wages for superannuation purposes. Whether superannuation is payable depends on your individual circumstances, including whether you have returned to work and the nature of the payments you are receiving. If you’re unsure how your superannuation may be affected, we can provide advice specific to your situation.
How much does a WorkCover lawyer cost?
At Brave Legal our WorkCover lawyers will explain legal costs from the outset. We offer No Win, No Fee legal services for eligible WorkCover claims and do not charge an uplift fee, meaning you won’t pay an additional success fee if your claim is successful.
What does No Win, No Fee mean?
No Win, No Fee means that if your eligible WorkCover or workplace injury claim is unsuccessful, you won’t pay our professional legal fees. It allows you to pursue your legal rights without the worry of paying legal fees upfront.
Why choose Brave Legal for your WorkCover claim?
At Brave Legal, we combine specialist WorkCover expertise with genuine care. We act exclusively for injured people and their families, providing practical advice, clear communication and tailored strategies to help our clients achieve the best possible outcome, and are committed to restoring lives after injury.
You don't have to navigate WorkCover alone.
Speak with our Melbourne work injury lawyers today.