Work Injury Claim Types in Victoria: Are You Covered, and What Can You Claim?  

What Determines Your WorkCover and Work Injury Compensation Entitlements

If you have been injured because of your work, you may be entitled to make a work injury claim.  The work accident compensation available depends on a range of factors including;  

The nature and severity of your injury: This shapes every entitlement that follows, from the treatment you’ve approved through to whether you qualify for a lump sum.  

Whether your injury is permanent: If your injury is permanent, you can lodge a WorkCover impairment benefit claim, a lump sum paid under the no-faults scheme.  The no-faults scheme also covers weekly payments and medical and like expenses, meaning you’re entitled to those regardless of your WorkCover claim.  

Your ability to return to work: Weekly payments depend on your capacity for employment.  If you can’t work at all, you have entitlement to weekly payments for up to 130 weeks, depending on your capacity.  If you return to work but can’t manage your full pre-injury hours (for example, you’re back 20 hours a week, instead of your usual 38), you can receive top-up payments to cover the shortfall.  

Your pre-injury earnings: This determines how much you receive in weekly payment.  WorkSafe calculates your average weekly earnings before the injury (your PIAWE) and pays a percentage of that.  

Whether your employer was negligent: If your employer was negligent and you’ve suffered a serious injury, you may be able to bring a common law claim for pain and suffering damages.  If your injury has been reduced to your earning capacity by 40% or more (the economic loss test), you may be able to claim economic loss damages as well.  

Whether you satisfy the legal thresholds for additional compensation: To bring a common law claim, you generally need to satisfy the serious injury test, unless you have a deemed injury.  A deemed injury is one assessed as a total loss during the impairment benefit stage, an amputation, for example.  You’ll also satisfy the serious injury test automatically if you’re assessed at 30% or more of the whole person impairment, though whether a common law claim proceeds still depends on your employer being at fault. 

Who is covered by WorkCover?  

Many people assume WorkCover only applies to full-time employees. In fact, the scheme covers a much broader range of workers than most people realize. 

You may be eligible to make a WorkCover claim if you are: 

• a full-time, part-time or casual employee 

• an apprentice or trainee 

• a labor hire worker 

• a fixed-term employee 

• WorkCover legislation – must be a ‘deemed worker’ – 80% of your earning is with the same employer  

• a dependent of someone who died because of a workplace injury 

• For contractors or subcontractors trying to make a WorkCover Claim, you need to be “deemed worker”. The clearest indicator WorkCover looks at is whether at least 80% of your income for the 12 months before your injury (or the length of your engagement, if shorter) came from the one business you’re claiming against.  Other factors, such as whether you were required to wear a uniform or work set hours rather than choosing your own, can also support a deemed worker finding, but the 80% income test is the one most claim turn on. 

What Types of WorkCover Claims Can You Make? 

A WorkCover payout isn’t a single payment.  Depending on your injury and circumstances, it can include several types of entitlement, some running at the same time.  Once your WorkCover claim is accepted, you’re covered under the no-fault benefits scheme, meaning you’re entitled to support regardless of who caused your injury.  This includes weekly payments, medical and like expenses, and, if applicable, an impairment benefit.  Where your employer was negligent, additional entitlements may also be available through a common law claim. 

Weekly Payments: Weekly payments replace part of your lost income while you’re unable to work. They’re calculated from your pre-injury average weekly earnings (PIAWE): 95% for the first 13 weeks, then 80% from week 14 onwards, up to a statutory maximum (currently $3,000 per week, indexed each 1 July). After 130 weeks, stricter eligibility criteria apply, including a whole person impairment threshold, so it’s worth getting advice well before you reach that mark. 

Medical Treatment and Like Expenses 

This covers reasonable treatment costs connected to your injury: doctors, physiotherapy, hospital treatment, and approved rehabilitation. Seek prompt medical attention and continue recommended medical treatment after the injury happened, then keep medical records and medical reports, along with receipts and photos, as much evidence as possible to support your claim. These are separate from weekly payments and can continue even after weekly payments stop.

Permanent Impairment Lump Sum 

If your injury results in a permanent impairment, you may be entitled to a tax-free lump sum payout, assessed by an independent medical examiner against a statutory impairment scale, and getting prompt treatment from the relevant healthcare professional also helps document the injury. This is a no-fault entitlement, paid on top of WorkCover weekly payments and medical expenses, and can be claimed once your injury has stabilised. Injured workers should preserve as much evidence as possible and notify the relevant workplace or insurer promptly after the incident.

Common Law Damages 

Where your employer was negligent and your injury meets the “serious injury” threshold, you may be able to pursue a common law damage claim for pain and suffering and economic loss. This is a more complex pathway and generally follows the impairment benefit claim. 

WorkCover Death Benefits: Support for Families 

If a worker dies as a result of a workplace injury, their family may be entitled to several forms of support.  Funeral and burial expenses are paid automatically, without needing to prove dependency.  A secondary lump sum payment is available to anyone who can show they were personally affected by the loss, not only financial dependents.  To access the main lump sum and pension entitlements, a family member needs to show they were financially dependent on the person who died. Partial dependency can also be claimed, entitling you to a portion of the lump sum and pension rather than the full amount.  If you lived with the person who died, you’re automatically considered a dependent. 

This is one of the hardest conversations we have with families, and one we handle with particular care. 

For more information, please read our Dependency Claims Guide  

Speak With Brave Legal 

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.  

If you’re not sure where you stand, that’s a normal place to start. We’ll talk you through your situation clearly, without jargon, and tell you honestly what your options look like.