FAQs: What to do if you are injured at work in Victoria?
Published on August 30, 2019 by Nadia Grech
Here are some of my most frequently asked questions relating to the Victorian Work Cover Scheme when lodging a Victorian WorkCover Claim.
I’ve been injured at work … what do I do?
The first thing you must do is notify your boss, manager or supervisor. You should do this within 30 days after you become aware of your injury.
It is best if it is in writing otherwise verbally telling your employer is also a form of giving notice of your injury.
Your employer is required by law to keep a Register of Injuries at each workplace or at a place which is readily accessible at all reasonable times.
The second thing you must do is lodge a claim as soon as possible.
What if I am too injured to notify my employer?
You can call your employer or you can send an email.
Or a family member can do this on your behalf.
Where do I get a Victorian WorkCover Claim Form from?
Claim forms are found at the following places:
- Your local post office;
- Online from the WorkSafe website;
- Your employer;
- The self-insurer;
- From us…your WorkCover lawyer.
Should I complete the WorkCover claim form myself or should I seek assistance in completing this form?
It is best to seek lawyer’s advice when completing this form. You can do this yourself, however, when you get a lawyer to assist you, you ensure that nothing is left out.
Will a lawyer charge me to seek their assistance when completing my WorkCover claim form?
Under the Workplace Injury Rehabilitation and Compensation Act (Vic) 2013 lawyers are not allowed to charge you for their assistance in helping you complete this form.
We encourage you seek a lawyer’s assistance so that you do not leave out any important information regarding the nature of your injury and the way in which your injury occurred.
Do I need a Medical Certificate to accompany my WorkCover form?
Absolutely! You acquire a Medical Certificate (Certificate of Capacity) from the hospital, General or treating health practitioner.
It should be accompanied with the WorkCover claim form and sent to your Employer.
What if I do not have a Medical Certificate to accompany my WorkCover form?
If your WorkCover form is served without a Medical Certificate, compensation in the form of weekly payments is not payable unless and until your Medical Certificate has been given to your employer.
Your WorkCover claim form is only properly served when your employer receives your Medical Certificate.
What happens if my hospital of Doctor won’t issue me with a Medical Certificate?
Sometimes this can happen. You must show that you have made all reasonable attempts to obtain a Medical Certificate. You can still lodge your WorkCover claim but your matter will be referred to the Accident Compensation Conciliation Service (ACCS) for determination over this issue.
What if I am too scared or frightened to have contact with my employer?
That’s ok. Just send in your documentation via post. Always best to do this via registered post or better yet…let us do this for you.
Employers are required by law to acknowledge receipt of your claim. This does not mean your WorkCover claim has been accepted, it means that they have received your paperwork.
If you are considering lodging a Victorian WorkCover claim, please do not hesitate contacting us for guidance and assistance in this process.