Victoria Workers Compensation Solicitors

If you have been inured in the state of Victoria whilst at work or travelling on your way to work you may be able to make a claim under the Victorian Accident Compensation Act 1985. It is a legal requirement that employers in VIC hold a policy of insurance that indemnifies the employer and covers employees against personal injury whether or not the accident was wholly or partially the fault of the injured employee. To succeed in a Victoria workers compensation claim it is necessary to comply with the legal requirements which are outlined below.

SOLICITORS HELPLINE 1800 339 958

Time Limits

There are time limits in place for work cover claims in VIC and you must advise your employer of your intention to make a Victoria workers compensation claim within 30 days of sustaining the injury. In the event of failure to comply with the initial time limit it may be possible in exceptional circumstances to obtain an extension of time in which to submit a Victoria workers compensation claim. Failure to comply with the time limits may mean that the opportunity to claim compensation is lost forever.

SOLICITORS HELPLINE 1800 339 958

Reporting

The provisions of the Victorian Accident Compensation Act 1985 should be complied with in full. To make a work cover claim in VIC an injured worker should ensure that they :-

• record the incident in detail in the employers register of injuries at work
• submit a medical certificate to confirm the injury (certificate of capacity)
• inform the police if the injury was caused by a motor vehicle accident
• submit your Victoria workers compensation claim as soon as possible

SOLICITORS HELPLINE 1800 339 958

Financial Awards

Financial awards under a Victoria workers compensation claim may include the following items :-

• wages loss
• medical expenses
• rehabilitation expenses
• lump sum for permanent injury
• funeral expenses for fatal injury

SOLICITORS HELPLINE 1800 339 958

Lump Sum

If you have suffered a permanent personal injury including psychiatric injury whilst at work or travelling on your way to work you may be able to claim a lump sum as part of a Victoria workers compensation application. It is necessary to show that there has been ‘impairment’ which is defined as derangement / alteration / change of a body part or function that may result after an injury. A worker who has suffered impairment may be able to claim a monetary lump sum entitlement called an ‘impairment benefit’ which is separate from any weekly payments a worker may receive. Assessments are carried out by doctors called ‘Independent Impairment Assessors’ following physical examination of the injured worker.

SOLICITORS HELPLINE 1800 339 958

Serious Injury

In addition to a claim for Victoria workers compensation in the case of serious injuries it may also be possible to claim additional damages under a common law legal action for negligence against the employer. This type of claim is usually dealt with by a personal injury solicitor acting on behalf of the injured worker and is based on negligence. Unlike a workers compensation claim under work cover where it is not necessary to prove negligence, in the case of an additional common law claim for extra cash, it is necessary to show that the employer was negligent. It should be noted that negligence by a co-worker will be attributed as negligence by the employer. There are numerous definitions of negligence which may be described as :-

A failure to act as a reasonable person would be expected to act in similar circumstances.

SOLICITORS HELPLINE 1800 339 958

Negligence Compensation

In the case of a common law negligence claim in VIC, compensation can include the following items, plus interest on the award from the date of the accident to the date of payment :-

• Special Damages in a negligence claim for personal injury represents items that can be calculated with accuracy including :-

  
  
  • general expenses
  • medical expenses
  • lost wages
  • cost of care

• General Damages in a negligence claim for personal injury represents items that must be assessed including :-

  
  
  • loss of lifestyle
  • pain & suffering
  • loss of amenable employment

SOLICITORS HELPLINE 1800 339 958

Limitation

In the case of a common law personal injury claim for damages based on negligence there are time limits. In general terms a compensation claim must have been settled or a summons must have been issued in a court of law within three years of the incident causing the injury or within three years of the injury becoming apparent. There are exceptions to the three year rule for minors and the mentally impaired. In the case of minors, the three year period does not start to run until the eighteenth birthday and in the case of the mentally impaired time does not start to run until full mental capacity is regained. In addition the court does have a wide discretion to alter and extend time limits which is rarely exercised and should not under any circumstances be relied on.

SOLICITORS HELPLINE 1800 339 958

Contributory Negligence

In the case of a Victoria workers compensation claim it does not matter who was to blame for the accident however in a common law claim for compensation for personal injury, a worker who was entirely responsible for the accident, bearing in mind the employers responsibility for adequate supervision and training, would not be able to make a successful claim however if the victim is only partially responsible then a claim can be instigated on the basis of the doctrine of ‘contributory negligence’ but damages will be reduced by the percentage of blame attributed to the inured person.

SOLICITORS HELPLINE 1800 339 958

Specialist Solicitors

Our specialist personal injury solicitors deal with Victoria workers compensation claims under work cover and also handle common law compensation claims for damages for personal injury. If you would like free advice, without any further obligation from a qualified lawyer just complete the contact form, email our offices or call the helpline.