Workers compensation in Victoria
Injured workers in Victoria are covered by WorkSafe Victoria (WorkCover) under the Workplace Injury Rehabilitation and Compensation Act 2013. No-fault benefits: weekly payments at 95% of pre-injury earnings for 13 weeks then 80% to 130 weeks, medical expenses, and an impairment lump sum from 10% whole-person impairment (30% for psychiatric injury). Weekly payments are capped at an indexed maximum.
How to make the claim
Notify your employer within 30 days, lodge the claim form with the employer (or directly with WorkSafe if they refuse), and the agent decides within 28 days.
Common law damages
Common law damages need a serious injury: 30% or more whole-person impairment or a serious injury certificate under the narrative test, plus employer negligence. Pain and suffering is capped at an indexed amount (around $665,000 in 2024-25). The limit is 6 years, paused while the serious injury application runs.
Who counts as a worker
Employees, most labour hire workers, apprentices and many contractors who are paid mainly for their own labour are covered. FIFO and remote workers are covered for injuries in the course of employment, including travel in some circumstances. Psychological injuries are covered with scheme-specific conditions.
If your claim is rejected
Every scheme has a review process with short deadlines, often measured in weeks. Get advice before the review window closes rather than after.
What you can claim
- Weekly income payments while you cannot work, at the scheme rate
- Medical, hospital, pharmaceutical and rehabilitation expenses
- A lump sum for permanent impairment once your injury is stable
- Retraining and return-to-work support
- Common law damages for economic loss (and pain and suffering where the state allows) if the employer was negligent
Evidence to keep
Claims are won on what can be proved. Keep:
- The incident report you gave your employer, and when
- Certificates of capacity from your doctor
- Names of co-workers who saw what happened
- Photos of the hazard, equipment or site conditions
- Pay slips and rosters showing your pre-injury earnings
- Every letter and decision from the insurer, with dates
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Melbourne who handles workers compensation matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Do I need a lawyer for a workers compensation claim?
Not to lodge the statutory claim; most workers do that with their employer and doctor. You need one when the claim is disputed, when weekly payments are cut or stopped, when a permanent impairment assessment is coming up, and whenever a common law claim is possible. Those are the points where the money is decided.
Can I be sacked for making a claim?
No. Dismissing or disadvantaging a worker because they made a workers compensation claim is unlawful in every state, and employers have return-to-work obligations for a set period after injury.
Can I choose my own doctor?
Yes. You are entitled to be treated by the doctor of your choice. The insurer can arrange its own independent medical examination, but it cannot dictate your treating doctor.
What is a common law claim in Victoria?
Common law damages need a serious injury: 30% or more whole-person impairment or a serious injury certificate under the narrative test, plus employer negligence. Pain and suffering is capped at an indexed amount (around $665,000 in 2024-25). The limit is 6 years, paused while the serious injury application runs. It is a negligence claim against the employer, run on no win no fee, and is where the largest settlements come from.
What if my injury was partly my fault?
Statutory benefits are paid regardless of fault, except for serious and wilful misconduct. In a common law claim, contributory negligence reduces the damages proportionally rather than defeating the claim.
How long do I have?
Notify your employer within 30 days, lodge the claim form with the employer (or directly with WorkSafe if they refuse), and the agent decides within 28 days. Review and appeal windows after a decision are short, often 30 to 60 days.
In more detail
Full guide to workers compensation claims in Victoria
Do you need help with a new or ongoing claim? If so our worker's compensation lawyers acting in Melbourne and throughout the state can give you the advice you need with no obligation.
Our workers compensation lawyers can help.
Every day we help injured workers start their journey towards compensation. If you have suffered a work-related injury or illness, or are suffering due to the aggravation of a pre-existing condition, our workers' compensation lawyers can help. Under the 'no-fault' scheme in Melbourne and Victoria, we can even help you claim if the accident or incident which brought on your suffering was wholly or partly your fault.
What can we help you claim for?
- weekly payments to supplement your lost wages;
- medical expenses including rehabilitation and care;
- any travel expenses you or a loved on incurred;
- a lump sum permanent impairment benefit;
- and a common-law claim.
Things to know about workers’ compensation in Victoria
Workers compensation insurance provides compensation to employees who have become injured or ill because of their work. It is compulsory for Victorian employers and is funded by their contributions.
Workers compensation insurance may cover:
- replacement of lost income
- medical, rehabilitation and treatment costs
- lump-sum compensation in the event of a serious injury.
- lost superannuation entitlements
- damages for pain and suffering
- economic loss
However, it's not always easy for employees to access these entitlements after being injured at work.
All too often our lawyers speak with people in Melbourne and Victoria who are being denied their rights to workers compensation. Some of the most common reasons are:
- A large number of the companies workforce are currently on workers comp, or
- a new case could result in a lost-time injury for the employer and affect them pricing future contacts, or
- management is more concerned about rising insurance premiums than their employee's wellbeing.
Whatever the reason, this is not your problem and you should not be denied your legal right to workers compensation because it's not convenient for your employer.
If you’ve had an accident in Melbourne or Victoria and are unsure about your rights and entitlements you can call us to have your matter assessed for free by a lawyer who handles cases just like yours. Alternatively, you can start your claim online and we'll call you back.
How to lodge your claim
To lodge a workers compensation claim you will need to:
- Report your work-related injury or illness to your employer within 30 days of becoming aware of your injury.
- Complete the Worker’s Injury Claim Form. Note there are different forms for different circumstances.
- When completing a claim form, make sure you list all the work-related injuries or illnesses for which you intend to claim compensation for.
- If you experience any difficulties during the initial process feel free to give us a call on 03 8804 5769.
- Be sure to keep copies of both your medical certificate and claim form for future reference.
Alternatively,
You can speak to a WorkCover specialist at Millner and Knight regarding your situation to ensure you receive every bit of workers compensation you deserve.
What can our workers' compensation lawyers help you with?
Some of the most common types of injuries suffered at work include
- Stress
- Back injuries
- Repetitive Strain Injuries
- Carpal Tunnel Syndrome
- Eye injuries
- Broken bones and fractures
- Carpal Tunnel Syndrome
- asbestos claims
- noise-induced hearing loss.
We can also help you with many types of different workplace accident scenarios such as:
- Falls from Height
- Hit by Falling Object
- Constructions Site Accidents
- Crushed by Moving Vehicle
- Factory Accidents Claims
- FIFO Accident Claims
- Machinery Accidents
- Wrong PPE Claims
We can also help you if you've been involved in an auto accident travelling to or from work.
My workers' compensation has been rejected
If your case has been rejected you also have the right to appeal the decision. You may be able to use your sick leave or other accrued leave if you have any.
Your options are
- Contact a legal professional if you haven’t already.
- Speak to your employer
- Contact the state regulator Victoria on 1800 136 089
- Ask for a review of the decision.
- Contact the Accident Compensation Conciliation Service
- Speak to a Union representative