FAQs: Common concerns in lodging a Victorian WorkCover claim form
Published on August 30, 2019 by Nadia Grech
You’ve been injured at work. You have notified your employer of your injury and you have completed your Worker’s Claim Form.
Here are some of my FAQs relating to what to do next?
What happens if I have lodged my WorkCover claim form with my employer but they have not done anything about it?
Your employer has an obligation to pass on your completed WorkCover claim as soon as possible to their insurance company.
If you find out that this has not occurred, please notify us or simply lodge your completed WorkCover form directly with WorkCover.
Ensure you use the same form so that there are no differences in your paperwork.
What if my employer is refusing to receive my completed WorkCover claim form?
In this situation, simply lodge your claim directly with WorkSafe or the Self-Insurer.
What if my employer has gone into liquidation or ceases to exist?
Lodge your claim with WorkSafe or the Self-Insurer directly.
Your lawyer will assist you in making an application to the County Court for a declaration where the Authority is deemed to be the employer in respect of liability of the employer to the worker.
How long does WorkSafe have to accept or reject my WorkCover claim?
You will find out within 30 days from the date the Authority/Self-Insurer receives your claim form.
You will be sent a Notice letter of correspondence with their determination.
If my WorkCover claim gets rejected, what do I do?
It is important to seek legal advice at this stage immediately.
You only have 60 days from the date of your Notice of Determination to refer this rejected WorkCover to the Accident Compensation Conciliation Service.
Lawyers can also assist you with this process as well as arranging organisations who will attend with you at your conference at no cost to you.
How long will this process take?
The referral of your dispute can be a lengthy process. Sometimes it can take up to two to three months before you attend your Conciliation conference.
That’s why it is important and comforting to have good legal support in this process.
Do I still need to keep obtaining my Certificates of Capacity during this time even though my claim has been rejected?
It is highly recommended you continue to see your health practitioners for their advice on this point.
However if it is their opinion that you continue to have an incapacity for work due to your work related injury, then you should still continue to acquire these certificates.
If you have lodged a Victorian WorkCover claim, please do not hesitate contacting us for guidance and assistance in your next steps.