If you’ve been injured at work in Victoria, you generally have 30 days to report your injury to make a WorkCover claim. However, if more than 30 days have passed, you should still lodge a claim immediately. There are some situations where you have longer than 30 days from the initial injury, and different rules apply for injuries that develop over a long period. Different time limits apply to different types of WorkCover claims and disputes.
In this article, we explain all the WorkCover claim time limits that apply in Victoria so that you can understand how they apply to your situation, when you need to make your claim, and what you can do if you’ve missed a deadline.
Different WorkCover claim time limits apply depending on your situation, which is likely to fall into one of the following categories. You can use these links to jump straight to the relevant section in the article or read on to learn more about time limits.
A specialist lawyer will review your circumstances and tell you how much you can claim.
The first thing to understand is the difference between the date of injury and the date of discovery.
Here’s a summary of the various WorkCover claim time limits that apply:
| Action | Time limit |
|---|---|
| Report your injury | 30 days from the date of injury OR the date of discovery – or as soon as possible if it’s been more than 30 days. |
| Claim for out-of-pocket expenses | Up to six months from the treatment or service date. |
| Notify WorkSafe Victoria | Your employer has 10 days to notify WorkSafe. |
| Raise a dispute | 60 days to dispute a denied claim, or dispute your benefits amount. |
| Seek referral of a dispute to the Workers Compensation Independent Review Service | Up to two years. |
| Claim compensation for the death of a family member | Up to two years. |
| Claim a ‘common law damages’ lump sum* | Up to six years. |
*This is a lump sum you can claim if you suffer a serious work injury caused by someone else’s negligence.
If you’ve been injured in a work accident in Victoria in the last 30 days, you should:
Once you’ve reported your work injury, you’ll need to fill out a WorkCover claim form, explaining what happened to you. You must be honest and as detailed as possible, then you can submit the form to your employer or to WorkSafe directly.
If more than 30 days have passed since your injury, you should still lodge a claim as soon as possible.
If you’ve only just become aware that you may be eligible for a WorkCover claim, you should notify your employer immediately and make it clear you were unaware.
If your injury initially seemed minor but has become worse, then you have 30 days from the ‘date of discovery’ to report it. For example, if you initially thought you just had a minor injury like a sore wrist, but have now been diagnosed with a fracture, you have 30 days from the date of your diagnosis.
Many work injuries are not caused by a single accident – they develop over time. For example:
With these injuries, there’s no way to pinpoint an injury date, so you have 30 days from the ‘date of discovery’ (the date your condition was diagnosed) to report your injury to your employer.
If you have an injury like a repetitive strain, you may not be sure if it’s work-related.
However, if you have your injury assessed by a GP or specialist, they can give you a diagnosis and provide a report on the probable cause. If it’s determined that it’s likely to be work-related, or your work contributed to your injury, then you have 30 days from the date of diagnosis to report your injury to your employer and make a WorkCover claim.
If you’re not sure how to get your injury assessed, call 0292644474 for free advice on your options.
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Chat nowFind out how much you can claim.
Get startedWhen you’re applying for personal injury benefits, you’ll usually know within three months if you’re eligible to receive compensation for:
This table offers a breakdown of that three-month period:
| What happens next? | How long will it take? |
| Once you’ve suffered a workplace injury, you’ll need to inform your employer | Let them know within 30 if possible |
| Your employer will notify WorkSafe Victoria | Your employer has 10 days to take this step |
| WorkSafe tells you if they’ve approved your claim | WorkSafe will inform you of their decision within 28 days |
If you’re still not sure if you’re eligible to claim or need help with your claim, we’re here for you. Law Partners is Australia’s largest specialist personal injury firm, and we have a team of Victorian WorkCover claims specialists and workers compensation lawyers who can provide free advice over the phone or manage your claim for you. We win over 99% of our cases and operate on a no win no fee basis – we pride ourselves on winning more compensation for our clients.
Our senior lawyers will assess your case for free.
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