Workers Compensation
Guide to Workers’ Compensation in VIC
No one expects to get injured at work. So, learning about WorkCover compensation in Victoria is something a lot of people don’t need to do until it happens to them. When you’re already trying to recover from the injury or illness, it can be a lot to put on your plate.
Our team at LHD Lawyers specialises in VIC workers’ comp, giving you a trusted local expert to turn to for guidance, starting with our guide to workers’ comp in Victoria.
This guide covers:
- What is workers’ compensation in Victoria?
- Who is eligible to make a claim?
- What can you claim under workers’ compensation in VIC?
- Workers’ compensation payouts and settlements in Victoria
- How to make a workers’ compensation claim in Victoria (step-by-step)
- How long do you have to make a claim?
- What happens after you lodge a claim?
- How LHD Lawyers can help
- FAQs
What Is Workers’ Compensation in Victoria?
Workers’ compensation in Victoria is a government-regulated system that supports people who are injured or become unwell because of their job. Through different payment structures, it can help cover medical treatment and provide income support while you take time off or reduce working hours to recover. Its purpose is to help support your recovery and get you back to work when you’re able to, with access to treatment, rehabilitation and financial assistance as needed.
Like any legal system, it can be a complex process to navigate if there are delays or your claim is denied. As specialists in this area, LHD Lawyers can help you learn more about how workers’ compensation works in Victoria for your specific situation, starting with a free online claim check.
Workers’ Compensation Legislation and Governing Body in Victoria
It’s common to hear people still use the term ‘Victoria WorkCover’, although this isn’t technically correct. The scheme is actually regulated by WorkSafe Victoria, which oversees how claims are managed and makes sure injured workers receive fair outcomes and treatment.
The whole system works under the Workplace Injury Rehabilitation and Compensation Act 2013, which frames how claims are made, what benefits are available and how workers are to be supported during recovery and their return to work. People are often surprised how broad workers compensation coverage is in Victoria. Essentially if your work played a role in your injury or illness, there’s a good chance you’re covered if you are a: WorkCover Vic claims also aren’t limited to workplace accidents either. While accidents, like falling at work or a back injury in a manufacturing role in Ballarat, are very common, it can also include psychological conditions caused by bullying or harassment or ongoing work-related stress, such as that related to first-responder roles in Melbourne’s busy hospitals. Injuries that develop over time, such as repetitive strain in office roles in Bendigo, shoulder injuries in warehousing and logistics work in Geelong, or conditions linked to FIFO work, based in areas like Morwell, may also be covered. Pre-existing conditions that are made worse by your work can also make you eligible to make a claim in some cases. If in doubt, contacting our lawyers for a free assessment can help you find out if you’re eligible. Contact us today to book a free consultation. There is actually more than one type of support you may be eligible to claim under workers’ compensation in Victoria, including: Our Workers’ Compensation Payout Guide is a good place to continue for more information, or contact our supportive lawyers for specific information for your situation. If you’re hoping for a specific figure or number of compensation you may be able to expect, WorkCover VIC claims don’t quite work like that. In Victoria, compensation isn’t a fixed amount. What you can receive depends on the nature of your injury, how it affects your ability to work, and how your recovery progresses over time. Every claim is assessed on its own merits by the insurer following the Victorian Workers Compensation Scheme guidelines. Your medical evidence, work capacity, and the longer-term impacts of your injury all play a role. No two injuries or jobs are the same, so outcomes can differ even when the injury looks the same on the surface. The main compensation pathways you may be able to receive include: Every state in Australia has different ways to assess which compensation applies and when. As claims can also change throughout the recovery process, getting experienced advice early can help you make informed decisions from the start. For more information, read our Workers’ Compensation Payout Guide or get in touch for a personal assessment. WorkSafe Australia outlines clear steps to making a workers’ compensation claim in Victoria, including: Before making a claim, a visit to the doctor will start your document collection process. They will document your injury and provide you with a Certificate of Capacity, detailing what treatment you may need and any work restrictions. The next person who needs to record the incident and injury is your employer. With your Certificate of Capacity, they can start the claims process with their insurer. Your workplace has an obligation to submit your workers compensation claim, who will then assess your details, Certificate of Capacity and other information. They may have follow up questions for you, your employer or your doctor. Getting advice for your specific VIC workers’ comp claim can make sure you’re ticking all the boxes and taking advantage of all the right steps. Under Victoria’s no win, no fee guarantee, you can seek out support with no upfront costs. Delays in WorkCover VIC claimsare fairly common and usually involve the insurer seeking more information rather than a problem with your claim itself. Some of the more common delays include: There are also the regulated timeframes under WorkSafe Victoria’s setup. However, if you feel like your claim is taking too long, we can help you assess your claim to know what to expect and your options with a free consultation. In Victoria, employees generally have 30 days to start the process after they become aware of their injury or illness. This usually starts when the injury happens or when you first realise your condition is connected to work, if it’s related to an existing worsening illness or injury, or a delayed condition. Lodging early helps keep your medical treatment and any income support on track. That said, even if it’s been a while since your injury, there are exceptions, and it’s still worth checking your options. Book a free consultation to see if you’re eligible. After a workers’ compensation in Victoriais lodged, it can feel like nothing is happening. Behind the scenes, paperwork is moving between your employer, their insurer, and your medical providers, getting the process underway. The insurer will then look at your Workers’ Injury Claim Form, your Certificate of Capacity, and other information from your employer to understand how the injury happened and how it’s impacting your ability to work. This is when you may hear from the insurer to clarify information or to provide updated medical information. Under the Victorian Workers Compensation Scheme, insurers typically have up to 28 days to decide whether a claim will be accepted. During this time, delays or requests for information are normal and do not automatically indicate there’s a problem with your claim. At the end of the assessment, the insurer may accept the claim, provisionally accept it while further information is gathered, or reject it under the scheme rules. If the outcome isn’t clear or doesn’t seem right, there are review and dispute options available to you throughout WorkSafe Victoria. If you’re unsure what an insurer’s response means or what your next steps are, our Victorian workers’ compensation lawyers can help explain your options and where things stand. There can be a lot of paperwork, back and forth, and decisions that don’t quite make sense during a workers’ compensation claim. Having support can help take some of the pressure off so you can focus on your recovery. Specialising in workers’ compensation in Melbourne, we understand how the WorkSafe VIC system works, including why they assess and deny claims. We can look after the paperwork, insurer communications, and make sure everything is handled properly and on time. There’s no cost to get started, with claims managed under our no win, no fee guarantee for eligible matters. If you’re not sure what step to take next after being injured at work, booking a free consultation is a good place to start. Contact us today to organise yours.
What Can You Claim Under Workers’ Compensation in Victoria?
Type of Support
What It Covers
Examples of Coverage
Medical and rehabilitation expenses
Reasonable and necessary treatment and rehabilitation for your injury or illness, including GP visits, specialist appointments, surgery, physiotherapy, psychology, medication and related care
Imaging, physiotherapy and surgery after a knee injury on a construction site or following a stressful workplace incident
Weekly income payments
Income support when you are unable to work or can only work reduced hours due to your injury
Payments while recovering from surgery or during a period of restricted duties
Lump sum for permanent impairment
Compensation where an injury results in lasting impairment after recovery has stabilised and the required impairment threshold under the Victorian workers’ compensation scheme is met
A lump sum payment for permanent impairment following a serious hand or spinal injury occurring in an agricultural setting
Return-to-work assistance or vocational rehabilitation
Support to help you return to suitable work, including job modification, retraining or workplace support
Assistance transitioning into a new role after being unable to return to physically demanding work
Workers’ Compensation Payouts and Settlements in VIC
Compensation Pathway
When It May Be Considered
What It’s Designed To Address
Weekly Payments
Where your work capacity is reduced or you are temporarily unable to work due to a work-related injury or illness
Ongoing income support while you’re recovering or transitioning back to suitable duties
Lump Sum Settlement
Once treatment has stabilised and the injury results in permanent impairment assessed under the Victorian workers’ compensation scheme
Recognition of permanent impairment caused by the workplace injury
Common Law or Work Injury Damages Claim
In limited cases where the injury meets the serious injury threshold and other legal requirements are satisfied
Compensation for longer-term financial loss beyond standard workers’ compensation benefits
How to Make a Workers’ Compensation Claim in Victoria (Step-by-Step)
Step 1: Get medical treatment
Step 2: Raise the injury with your employer
Step 3: The claim is passed onto the insurer
Step 4: Get legal support
Common Issues That Can Delay a Workers’ Compensation Claim
How Long Do You Have to Make a Claim?
What Happens After You Lodge Your Claim?
How LHD Lawyers Can Help
Check if you’re eligible or get free claim advice now
FAQs
Still have questions?
It is very normal to still have questions or for more to arise as your claim progresses. Things like how time off work is handled, what happens if your role changes or how your situation is treated in your local area can all affect your next steps.
Our Victorian workers compensation pages break this down by location with answers and guidance relevant to where you live and work.