Work Injuries

Workcover  

 If you are injured at work you can claim no fault compensation and may be entitled to common law damages.

No fault benefits

No fault benefits are paid to a person injured at work irrespective of who caused the accident.

Workcover covers many injuries and illness including aggravations and recurrences.

It is important to get immediate medical treatment and to have the injuries and medical treatment documented by a doctor and to retain receipts for expenses.

Making a claim

You should within 30 days;

  • report the work accident to your employer;
  • receive medical treatment from a doctor and a workcover medical certificate;
  • complete and give to your employer a workcover claim form and the medical certificate.

You can contact Pentana Stanton Lawyers for free claim advice on your documents to ensure the details are correct.

If your workcover claim is accepted, you may be entitled to receive no fault benefits;

  • medical and like expenses;
  • loss of wages;
  • a lump sum.

 A lump sum can only be claimed once the injuries are stable. The amount of the lumps sun will depend on the date of the injury and the level of impairment.

Contact Pentana Stanton Lawyers on 900 22 800 and speak to one of our lawyers for free claim evaluation.

Common law damages

If you are injured at work and the accident was not your fault you may have a claim for common law damages against the employer or another person.

To get common law damages you must establish “fault” or “negligence” on the part of the employer or another party.

You may be entitled to claim for;

  • Pain and suffering damages;
  • Past and future income loss and superannuation;
  • Past and future medical expenses

You must also establish that you suffered a “serious injury”.

Once the injuries are stable you can apply to workcover for a Serious Injury certificate to claim damages. There will be a set of documents and forms to complete. If workcover determine that the injuries are not serious you can apply to the County Court and ask a judge to decide whether the injuries are serious.

Pentana Stanton Lawyers can advise whether your employer or another party is at “fault” or “negligent” and whether the injuries are likely to qualify as a “serious injury”.

Time limits are very important in personal injury claims. In Victoria, there are strict time limits in starting a Common Law Claim for Damages for work injuries. Most people have 6 years to start a damages claim in the Courts.

Pentana Stanton Lawyers investigate claims on a no win / no fee basis. We will not charge professional fees (disbursements excluded) for our time unless there is a successful outcome. No professional fees are payable if a claim is not pursued after we complete our investigations.

Our claim evaluation process involves a consideration of;

  • Whether the employer is at fault.
  • The medical diagnosis for work injuries.
  • The degree of permanent impairment.
  • The severity of the work injuries.
  • The consequences of the work injuries.

If our claim evaluation does not establish a viable claim, we will not be recommending that you take further action. We generally obtain medical material and clinical records from hospitals and clinics and a detailed set of instructions around the circumstances of the incident that caused the injuries, work history, medical history, education and the impact of the injuries on work capacity and activities of daily living.

If we recommend a damages claim is viable we will arrange written opinions from specialists (Independent Medical Examinations or IMES’) around such issues as diagnosis, prognosis, work capacity and vocational capacity.

Contact Pentana Stanton Lawyers 900 22 800 and speak to one of our lawyers for a free claim evaluation.