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Workers Compensation Lawyers

Gordon Legal has experienced Workers Compensation Lawyers in Melbourne, Geelong and Dandenong.

After suffering a workplace injury, your life can be turned upside down in many ways. Everybody has the right to expect that safety and health are a top priority at work.

If you have been injured in the workplace or as a result of your work, you may be entitled to claim compensation for your pain and suffering, loss of income, medical expenses and more.

We understand that undergoing a workers’ compensation claim process can seem daunting or overwhelming. Our expert workers’ compensation lawyers specialise in this area of the law and are familiar with the landscape.

We offer our legal services in this area on a No-Win No-Fee basis, so you can focus on your health and recovery and what matters most to you.

What type of compensation am I entitled to?

The Victorian Workcover Authority (WorkCover) provides insurance coverage for all employees in Victoria, so you don’t need special insurance or private arrangements to access this safety net.

WorkCover claims can involve different kinds of compensation, depending on the circumstances of the accident or injury. This could mean:

  • Weekly payments (a percentage of your regular wages if you are unable to work)
  • Medical and related expenses
  • Lump sum benefit for permanent impairment
  • Damages for your pain and suffering
  • Damages for loss of wages
  • A death benefit/dependency claim.

Some compensation in the WorkCover system can be accessed on a no-fault basis, so it doesn’t matter who caused or contributed to the accident or injury.

Your employer has a duty of care to provide you with a safe workplace. If this has been breached, and you have sustained a serious injury or illness, you could be entitled to seek compensation for your pain and suffering and loss of income.

If you would like to download a WorkCover claim form click here.


No win, no fee for Workers Compensation Claims

We understand that a workplace accident or injury is stressful enough without adding the burden of legal fees.

We can help you get compensation for your workplace accident or injury on a No-Win No-Fee basis. Put simply, unless your case is successful you won’t have to worry about payment. Chat to one of our Workers’ Compensation lawyers today on 1800 21 22 23

Workers Compensation Team

Jenny Forti

Partner Read more

Amber Chen

Principal Lawyer Read more

Skye Collin

Principal Lawyer Read more

Perin Mustafa

Associate Read more

Robert Boz

Lawyer Read more

Laura Di Lorito

Law Graduate Read more

Frequently asked questions

Compensation Work Cover

Workers’ compensation is a form of insurance that provides benefits to workers who suffer an injury or develop a medical condition in the course of, or as a result of, their employment.

These injuries might include suffering an injury at work on a specific day or developing a medical condition over a period of time due to the nature of the work performed.

Workers’ compensation is often referred to as WorkCover.

Workers’ compensation claims are managed by a number of insurance companies on behalf of the Victorian WorkCover Authority, also often referred to as WorkSafe.

In order to qualify for workers’ compensation, a worker must have suffered an injury which has occurred due to or in the course of their employment.

No. If a worker is unfit to perform the job that they were doing at the time of their injury (their “pre-injury earnings”), they are entitled to receive a weekly payment.

Weekly payments are paid at a percentage of an injured worker’s income prior to their injury. The payment rates are as follows:

  • First the first 13 weeks of incapacity to perform their pre-injury duties, a worker is entitled to be paid at a rate of 95 percent of the earnings prior to their injury. This is referred to as a worker’s PIAWE (pre-injury average weekly earnings).
  • From weeks 14 to 130 of incapacity to perform their pre-injury duties, a worker is entitled to be paid at a rate of 80 percent of their PIAWE.
  • For the first 52 weeks of a worker’s entitlement to weekly payments, the calculation of their payment rate will include any regular overtime and shift allowance that they performed in the 52 weeks prior to their injury.

A worker’s entitlement to weekly payments only continues beyond 130 weeks in limited circumstances.

Workers’ compensation insurance is required to be taken out by the worker’s employer, not by the worker personally.

If a worker is self-employed, then it is a good idea to get advice from their accountant about insurance options.

Superannuation is paid to injured workers only after they have been receiving weekly payments of a period of 52 weeks. The superannuation is calculated on the amount of weekly payments that the worker receives from week 53 onwards.

Compensation for a work injury is accessed by lodging a Workers Injury Claim Form. An injured worker is required to lodge the claim form with their employer as soon as practicable after they have suffered their injury.

Once the employer has received the form, they must forward it on to the relevant workers’ compensation insurer within 10 days. Within the first 28 days, the insurer must provide a written response to the injured worker, either accepting or rejecting their claim.

Gordon Legal acts for injured workers on a no win no fee basis under certain conditions. This means that an injured worker will not be charged for the legal work done on their case until the successful resolution of their claim.

If you suffer an injury or accident at work, you must report the injury to your employer within 30 days and you should lodge your WorkCover claim as soon as practicable after your injury. We can assist you with this.

If the WorkCover insurer makes a decision that you do not agree with, you are entitled to dispute that decision by lodging a Request for Conciliation within 60 days of the date of the decision. Our expert workers’ compensation lawyers can assist you with this process.

A common law claim for damages must be brought within 6 years of the date of injury. In some circumstances, the time limits can be extended, so it is important to obtain legal advice as soon as possible.

A workers compensation lawyer assists those who have sustained an injury at work and helps them to navigate the WorkCover process. If you have sustained a serious injury, a workers compensation lawyer may also be able to assist you in making a common law claim for compensation.

Applying for compensation for a workplace injury can be a confusing and complicated process. Often it can be difficult to manage it on your own, especially when you are already dealing with recovering from your injury. A workers compensation lawyer can guide you through this process, so that you can achieve the best possible outcome for your claim.

If you are injured at work, you should consult with a workers compensation lawyer so that you understand your rights, and potential entitlements.

If you have an accepted WorkCover claim, you may also be entitled to compensation at common law. A workers compensation lawyer can guide you through this process, managing your case and providing you with specialised legal advice, so that you can achieve the best possible outcome.

There are lots of myths and misconceptions about WorkCover and workers compensation claims. A lawyer can assist you by drawing from their expert knowledge, making sure that you are acting on the most accurate information, and therefore are able to receive the compensation that you deserve.

The first step in making a workers compensation claim is reporting your injury to your employer. You must notify your employer within 30 days of being aware of your injury, or your claim is likely to be rejected.

The next thing you should do is visit your general practitioner. At this appointment, you should explain everything that happened to you. You should also request a ‘certificate of capacity’ from your doctor, which is a certificate explaining that you have had a work related injury. You will use this certificate when you lodge your workers’ compensation form.

The third step is to request a workers’ compensation claim form from your employer. They should provide this to you when you report your injury, however if this does not occur you can also get this form from WorkCover directly or from your GP.

Finally, after you have filled out the form, you should submit it to your employer with the certificate of capacity attached.

If your workers compensation claim is rejected, you can dispute this decision. The way you can dispute this decision differs from state to state. If your claim is denied in Victoria, you may be able to appeal this decision to the Accident Compensation and Conciliation Service. This involves a dispute resolution process aimed at assisting both sides to come together and achieve a mutually agreeable solution.

If you do plan to dispute the rejection of your claim and go through this resolution process, you would likely benefit from legal advice from a workers compensation lawyer. A lawyer will be aware of your rights, and the different reasons that claims may be rejected. They can also make the process less daunting, so that you can concentrate on recovery.

The length of time it takes to settle a compensation claim depends on the circumstances of your situation. Different stages of compensation take different lengths of time.

WorkCover compensation such as weekly payments and reimbursement for medical expenses typically is a relatively quick process. Weekly payments usually commence 38 days after the submission of your claim. Medical expenses must be reimbursed within a reasonable time.

Compensation for an Impairment Benefit claim will not be able to be claimed until at least twelve months after your injury has occurred. This is because it requires your permanent injury to have stabilised. The WorkCover insurer then has 120 days after the Impairment Benefit Claim is lodged to determine your entitlement to compensation.

Finally, common law claims for compensation can be a time consuming process, as the process is often complicated. The length of time these kinds of claims will take to resolve varies depending upon the circumstances of the affected individual. Due to the complexity of these kinds of claims, it is important to have the assistance of a lawyer so that you can effectively navigate the process.

Workers’ compensation settlements vary based on a number of factors specific to your individual circumstances. Once you have spoken to a workers’ compensation lawyer and they have gathered more information about your situation, they will be able to provide you with a clearer idea of what a likely settlement will be for you.

There are typically two things which are compensable in a common law claim. The first of these is for pain and suffering, which aims to compensate for the hardship you have gone through due to your injury. The second is for loss of earnings, which is to account for the money that you would have been able to earn were it not for your injury.

An experienced Workers’ Compensation lawyer will be able to assist you in getting the maximum compensation available to you, based on your specific circumstances.

There are different kinds of compensation available for workplace injuries. The first of these is through WorkCover, including compensation such as weekly payments to make up for loss of earnings, and reimbursements of medical and like expenses. The second is called an impairment benefit which is compensation available only for injuries which are determined to be serious. The final way is through pursuing common law compensation for a serious injury. The process for pursuing common law damages is complex and it is vital to have advice from a legal expert to guide you through this process.

Compensation settlements for WorkCover vary greatly depending on the circumstances of the situation, including the severity of the injury, and the impact it has had on an individual’s life.

To get the best possible compensation settlement outcome, it is highly recommended that you seek assistance from an experienced Workers’ Compensation lawyer. This is because the legal system is complex, and often confusing, and if you do not have an expert to assist it can be extremely difficult to get a just outcome. A Workers’ Compensation Lawyer will work with you to achieve the best outcome, with the best possible compensation settlement for your situation.

Negotiating a common law Workers’ Compensation settlement is a complex process in which the assistance of an experienced Workers’ Compensation lawyer is highly advised.

Your lawyer will provide you with advice on which steps to take to achieve the best possible settlement available to you, in your situation. This can be a lengthy process, as there are a number of steps to ensuring the best likelihood of success for your claim. With legal guidance, you can be sure that you are doing the correct things to ensure a just outcome, and you can relax knowing that you do not need to take on the mental load of legal matters during your recovery from your injury.

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