Regina's story
Former nurse Regina suffered a horrific work assault that turned her world completely upside down. Her drive to regain control of her life is nothing short of inspiring.
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But your situation is unique, and your your injuries may have led to other health issues and complications. For example, a knee injury can cause a limp, leading to a back injury.
We’ll match you with a specialist workers compensation lawyer, build a personal relationship with you and your family, and look beyond your obvious injuries to claim everything you’re entitled to. This can make a big difference to the amount of compensation you receive.
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Chat nowFind out how much you can claim.
Get startedWe’ve handled thousands of successful injury claims for our clients. Read our Workers Compensation Payout Guide Victoria to learn more about your rights and entitlements.
If you’re injured at work in Victoria, the following table outlines the weekly payments, medical expenses and lump sum payouts you may be eligible to claim:
Workers Compensation Payments Victoria: | |
---|---|
Weekly payments | These are payments to compensate you for lost income while you’re off work. |
Medical expenses | Payment of your medical, hospital, ambulance, rehabilitation (including home help) and travel expenses. |
Permanent impairment payout | A lump sum compensation payout to cover permanent impairment as a result of work-related injury or illness. |
Work Injury Damages payout | Also known as common law claim, this is a lump sum payout for damages if your injury was caused by your employer’s negligence. |
The workers compensation scheme in Victoria is a no-fault scheme, which means you can make a claim regardless of who was at fault for your accident.
If you’ve made a claim and had payments denied or cut off, there’s no cost to have one of our workers compensation lawyers provide advice over the phone.
You can make a claim without using a workers compensation lawyer, or a ‘workers comp lawyer’ as they’re often called. However, every workers compensation claim is different, and it can be hard to know if you’re getting everything you’re entitled to. It’s also common for insurers to deny part or all of a compensation claim. Our workers compensation lawyers can review your claim and make sure you receive your full entitlements. If you find yourself in a dispute over your claim, having a lawyer on your side will give you a much better chance of success.
Even if your case seems straightforward, getting the right legal advice could uncover additional benefits. To learn more, check out our guide Workers Compensation Legal Advice – Our Top Five Tips.
We’ll provide you with free advice. If you decide to proceed with your claim we’ll recover as much of your legal costs as we can from the insurer, and you’ll only need to pay the gap after you’ve received your compensation.
If we find that you’re entitled to Permanent Impairment or Work Injury Damages lump sum payments, we’ll work on a no win no fee, no disbursements basis, so you’ll only need to pay us if we win, and you receive your lump sum compensation.
The following table summarises the weekly workers compensation payments you may be eligible to claim in Victoria.
Entitlement Period | Entitlement |
---|---|
Weeks 0-13 (returned to work) | 95% of pre-injury average weekly earnings, up to $2570, minus what you currently earn at work. |
Weeks 0-13 (not yet returned to work) | 95% of pre-injury average weekly earnings, up to $2570. |
Weeks 14-130 (returned to work) | 80% of your pre-injury average weekly earnings, up to $2570, minus 80% of what you currently earn at work. If your PIAWE include overtime this drops off after 52 weeks. |
Weeks 14-130 (not yet returned to work) | 80% of your pre-injury average weekly earnings, up to $2570. If your PIAWE include overtime this drops off after 52 weeks. |
After 130 weeks (no work capacity) | 80% of your pre-injury average weekly earnings, up to $2570. If you have no capacity for any work this is likely to continue indefinitely. |
After 130 weeks (some work capacity) | Weekly payments may continue if you meet all of these criteria:
Payments: 80% of your pre-injury average weekly earnings, up to $2570, minus 80% of what you currently earn at work. |
Lump sum compensation entitlements are outlined in a separate FAQ (below).
If your claim is denied and you want to dispute the decision, here are some options:
There are two ways you can get a workers compensation lump sum settlement:
Payout | Description |
---|---|
Permanent impairment payout | A lump sum compensation payout to cover a permanent impairment as a result of a work-related injury or illness. |
Work injury damages payout | Also known as common law claim, this is a lump sum payout for damages if your injury was caused by your employer’s negligence. |
To learn more about permanent impairment lump sum payments, you can refer to our whole person impairment compensation calculator and guide.
To find out of you qualify for a Work Injury Damages payout, you can call 13 15 15 and get free legal advice from a workers compensation lawyer.
For most claims, you’ll receive a liability decision on your claim from WorkSafe within 28 days. If your claim includes a work-related mental injury, your entitlement to provisional payments will be determined within five business days.
Your WorkSafe agent will let you know in writing if your claim has been accepted and the amount of the weekly payments you’re entitled to.
Workers compensation claims in Victoria should be reported to your employer within 30 days of the accident or injury.
However, there are exceptions where you can exceed this time limit. For example:
There are other important time limits to be aware of, so it’s best to call us as soon as possible after your accident.
Your workers compensation lawyer is backed by a team of specialists including paralegals, medico-legal experts, forensic accountants and barristers. Your team will work hard for you, check in with you regularly and always keep you up to date with your case. You’re in safe hands with Australia’s largest specialist personal injury firm.
Caring for our clients drives everything we do – that’s why thousands of Australians every year choose Law Partners.
Our senior lawyers will assess your case for free.
As a personal injury law firm, we see first-hand every day the psychological damage that a lack of empathy can cause. So we’re committed to promoting more empathy in the world, and sharing stories of the positive impact it can have.
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