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Can anyone claim compensation?

If you have sustained an injury at or during the course of your employment, you can claim compensation. Speak to Pat or Sharon for assistance in making a claim.

I only work part time, can I make a claim?

All injured workers are covered by WorkCover whether you work full time, part time or casual.

I have been injured at work, what do I do?

Firstly, you should report your injury to your employer and have it registered in writing. A claim form then needs to be lodged with the employer and their insurer. Brown McComish can assist you in completing this form. If you require time off work, a medical certificate will need to be obtained from your doctor and included with the claim form.

How long does it take for my claim to be accepted?

If you have more than 10 days incapacity, the employer has to forward your claim to their insurer of the Victorian WorkCover Authority (WorkSafe) within 10 days. They then have 28 days to notify you in writing whether your claim is accepted or rejected.

Do I have to speak with an investigator?

You may be contacted by an investigator for WorkSafe or insurer to obtain a statement from you. You do not have to speak with them or provide them with a statement. You should contact your solicitor if this occurs.

What should I do if my claim is rejected or I disagree with a decision made by WorkSafe?

You have 60 days from the date of receiving the decision in writing to lodge a request for conciliation with the Workplace Injury Commission. This is a conference which you, the employer and WorkSafe attend to try and resolve the matter. You should obtain legal advice in this regard.

Do I have to attend medical examination arranged by the Insurer?

Yes, the VWA/Insurer will reimburse you reasonable travel expenses including food, taxis and train. If you attend by car you can claim $0.28 pre kilometre travelled. In some circumstances overnight accommodation can be paid if prior approval is obtained from the Insurer.

Do I still receive payments if my employer can't find me suitable employment?

Yes, but on a lower rate depending on your level of capacity.

How long can I receive weekly payments?

Generally payments are made for a period up to 130 weeks of incapacity however they can be paid beyond this in some situations. Speak to Brown McComish Solicitors for further information.

I was injured a long time ago and never lodged a claim. Can I do this now?

Yes, but you should seek legal advice to assist with any complications that may arise.