WorkCover is a compensation scheme established to compensate Victorians who are injured at work or who suffer from a work-related illness. Workers are covered by the scheme regardless of who was at fault.
If you have been injured at work, after you have received any immediate medical treatment, you should:
- Notify your employer and complete an incident report; and
- Complete a WorkCover claim form and give this to your employer.
You must notify your employer of your illness or injury within 30 days or a WorkCover claim can be rejected. You should then give your completed WorkCover claim form to your employer as soon as possible after that. However, if the 30 days has already elapsed we still encourage you to make a claim as soon as possible.
You should not be scared to lodge a WorkCover claim form. Your employer is required by law to have an insurance policy that covers you if you are injured at work. They are also required to forward your claim form to their insurance company within 10 days. If you have concerns about whether the claim will be forwarded on, you can lodge a copy of your claim form directly with their insurance company.
You cannot be fired for lodging a WorkCover claim. The WorkCover laws protect injured workers by making it an offence to:
- Not plan for returning an injured worker to work in suitable duties; or
- To discriminate against an injured worker in any way.
If you feel reluctant to lodge a claim, or have concerns about whether your employer is doing the right thing, you are welcome to seek no obligation, free advice from one of our lawyers on (03) 9321 9988.