Claim forms
Warrnambool ocean
WorkCover Lawyers in Warrnambool
1800 815 228 info@maddenslawyers.com.au219 Koroit St, Warrnambool VIC 3280

What you're actually entitled to after a work injury

If you suffer a work injury there are several types of benefits potentially available to you under WorkCover.

Here's what this can look like:

  • Weekly payments while you're off work or working reduced hours
  • Medical and related expenses, such as treatment, rehab, travel, and at-home support
  • A lump sum benefit for permanent injury
  • Compensation for pain and suffering where the injury is serious and someone was negligent
  • Support for dependants where a worker dies from a work-related cause
Every work injury claim is different. Maddens Lawyers will carefully assess your circumstances and advise you on your full range of entitlements, including whether a TPD or superannuation claim can be pursued in addition to your WorkCover claim.

Statutory benefits and common law damages: the difference that matters

WorkCover pays statutory benefits regardless of fault. Weekly payments, medical costs, and impairment benefits all sit under this no-fault system, explained in full on our WorkCover claims page.

Common law damages work differently: they need proven negligence and a serious injury, meaning 30% or more whole person impairment, or that your injury and the permanent impact of the injury on your life is significant or severe.

A strict six-year limit from the date of injury also binds any common law claim. This is key when looking at a WorkCover claim time limit in Victoria, as it often catches people out.

How a WorkCover claim runs, start to finish

Here's the process, step by step:

  1. 1

    Report the injury to your employer

  2. 2

    See your GP and get a Certificate of Capacity

  3. 3

    Lodge the claim with your employer's WorkSafe agent

  4. 4

    Wait for the agent's decision

  5. 5

    If the claim is accepted, payments and treatment begin

  6. 6

    Impairment benefit claim once injuries stabilise (generally not before 12 months)

  7. 7

    Serious injury and common law claims (where the circumstances support it)

Strict timeframes apply at every stage of a WorkCover claim in Victoria, and a delay can cost you your entitlements.

When your claim is knocked back, or your payments stop

A rejected claim is not the end of the matter. WorkSafe must give written reasons for any decision, and from there you can seek conciliation through the Workplace Injury Commission or a referral to the Medical Panel. If conciliation doesn't resolve things, the courts remain an option.

Weekly payments can also stop at the 130-week mark for many workers. A WorkCover claim being rejected in Victoria isn't uncommon, but it's rarely final. Several of the workers we've represented through exactly this process appear in our real client outcomes.

Workplace accident

What changed under the 2024 WorkCover reforms

Psychological injury claims now face a tougher test. For injuries on or after 31 March 2024, employment must be the predominant cause, rather than just a contributing factor. What's more, stress or burnout resulting from usual or reasonable work-related causes is excluded.

Weekly payments beyond 130 weeks now also require a whole person impairment assessment above the legislated threshold. None of this applies retrospectively, so older claims sit under the previous rules.

Why injured workers across South West Victoria come to Maddens

We've worked in Warrnambool for more than 75 years, serving as personal injury lawyers in Warrnambool across dairy and mixed farming, meat and food processing, aged care and nursing, construction, transport, and hospitality.

We also handle historical asbestos illness claims from exposure decades ago, and where an injury happened on the road rather than on the job, our TAC claims team steps in instead. As a workers' compensation lawyer in Warrnambool, our personal injury lawyers know the local industries and the people in them.

Prospective clients can check what they’re owed with our free online claim checker. For more information on how our fees work, including our legal costs, contact a member of our team. Read more about Maddens Lawyers, one of the leading South West Victoria compensation lawyers with a genuine local client base.

Personal injury
Meet the team

Meet our trusted Personal Injury team.

Local lawyers who explain things straight up, keep you updated and know how to approach your claim.

John Cramp
John CrampSenior Lawyer
Jess Higgins
Jess HigginsSenior Lawyer
Prefer to talk?

Not sure who to speak to? Start with a free claim check, or call and ask for the WorkCover team.

What our clients say…

Straight talk, real outcomes.

The team are straight to the point, so you know where you stand. They explain everything in laymen's terms, were very sensitive to your situation, and takes that into account when speaking to you. After all my dealings with the Maddens team, I would recommend them to anyone who's suffered an injury.
Sherrynsuffered an injury at work
1 / 4
Areas we serve

WorkCover lawyers for Warrnambool and South West Victoria.