Here’s the reality. Your dispute reaches the Magistrates Court only after you’ve exhausted earlier steps – specifically, after conciliation fails and you receive a Genuine Dispute Certificate. Most WorkCover disputes in Victoria never make it to court because they are resolved at conciliation or through alternative pathways.

But when they do reach the Magistrates Court, you need to understand what that means for your timeline, your rights, and your claim.

Key Insights

• WorkCover disputes reach the Magistrates Court after conciliation fails and a Genuine Dispute Certificate is issued.
• Employers can challenge claims, but only WorkCover insurers make acceptance or rejection decisions.
• The process from claim rejection to court hearing typically takes 6-12 months.
• You have alternative options, including WCIRS reviews, arbitration, and Medical Panel referrals.
• Legal representation significantly improves your chances of a successful outcome.

Can an Employer Dispute a WorkCover Claim?

Yes, but here’s what that actually means in practice.

Many injured workers worry when they hear their employer dispute their claim. The crucial thing to understand is this: your employer cannot reject your WorkCover claim outright. That power sits solely with the WorkCover insurer (also called WorkSafe Agents).

When you lodge a claim, your employer must forward it to their insurer within 10 days, even if they completely disagree with it. Can an employer dispute a WorkCover claim? Absolutely – but they can only provide information and evidence to the insurer supporting their concerns. The insurer then investigates and makes the final decision about whether to accept or reject your claim.

Common reasons an employer might dispute a WorkCover claim include:

• Disagreement about how the injury occurred
• Questioning whether the injury is work-related
• Believing the injury was pre-existing
• Disputing the timing or circumstances of the reported injury
• Claiming you’re not actually a “worker” under the legislation (for example, if you’re a contractor)

If your employer raises concerns, expect the insurer to conduct a circumstance investigation. This might involve statements from you, your employer, and witnesses, plus a review of incident reports and workplace records.

The Path to Magistrates Court: Step by Step

WorkCover disputes don’t jump straight to court. Victoria’s system requires you to follow a structured dispute resolution process.

Step 1: Claim Decision (28 Days)

After you lodge your claim, the WorkCover insurer has 28 calendar days to investigate and decide whether to accept or reject it. For mental injury claims, they must notify you about provisional payments within 3 business days. During this period, they might arrange independent medical examinations or request additional information.

Step 2: Conciliation (60-Day Window)

If the insurer rejects your claim or makes another decision you disagree with, you have 60 days to lodge an application for conciliation with the Workplace Injury Commission (WIC). Conciliation is an informal meeting where a conciliation officer helps you and the insurer try to resolve the dispute.

At conciliation, several outcomes are possible:

• The insurer might accept your claim
• You might reach a partial settlement
• The conciliation officer might refer medical questions to the Medical Panel
• The conciliation officer might direct the insurer to make payments
• If resolution fails, you’ll receive a Genuine Dispute Certificate

Step 3: Genuine Dispute Certificate

This certificate is your ticket to the Magistrates Court. It confirms that conciliation hasn’t resolved the matter and you’re now entitled to start court proceedings. You must receive this certificate before the Magistrates Court can hear your case.

Step 4: Magistrates Court Proceedings

Once you have your Genuine Dispute Certificate, you (or more realistically, your WorkCover solicitors) can file a statement of claim with the Magistrates Court WorkCover Division. This document summarises your injury, how it occurred, and what relief you’re seeking.

The Magistrates Court can make binding decisions about:

• Whether your claim should have been accepted
• Whether weekly payments or medical expenses should be paid
• Setting aside insurer decisions
• Ordering compensation payments
• Awarding costs and interest

If either party disagrees with the Magistrates Court decision, they have 30 days to appeal to the Supreme Court, but appeals require leave (permission) and can only challenge legal errors, not factual findings.

How Long Does a WorkCover Claim Take in Victoria?

For straightforward accepted claims:

• Initial decision: 28 days
• First payment: Within 7 days of acceptance

For disputed claims that proceed to Magistrates Court:

• Conciliation: Usually 2-3 months from application
• From Genuine Dispute Certificate to court hearing: Minimum 6 months, often 9-12 months
• Total timeline from claim rejection to court decision: 8-15 months typically

These timelines explain why many injured workers and insurers prefer to settle disputes before court. The delay creates financial pressure, especially if you’re not receiving weekly payments during the dispute.

Factors affecting how long a WorkCover claim takes in Victoria include:

• Complexity of your injury and medical evidence
• Whether investigations are needed
• Court scheduling and backlog
• Whether you have legal representation preparing your case efficiently

Understanding Your Employment Rights During Disputes

One critical concern for injured workers is job security during long disputes, especially regarding terminating employment after 130 weeks WorkCover.

The 52-Week Employment Obligation Period

Your employer must keep your pre-injury job open for 52 weeks of weekly payments. During this period, they’re required to offer suitable duties within your medical restrictions. They cannot terminate your employment solely because of your injury or WorkCover claim.

After 52 weeks, if you still can’t perform your pre-injury duties, your employer can consider termination, but they must follow fair procedures to avoid unfair dismissal claims.

The 130-Week Payment Threshold

This is different from the 52-week employment obligation. You’re entitled to weekly payments for up to 130 weeks (2.5 years) if you can’t return to your pre-injury hours. Understanding the rules around terminating employment after 130 weeks WorkCover is crucial because:

• After 130 weeks, weekly payments only continue if you have no current work capacity that’s likely to continue indefinitely.
• For claims reaching 130 weeks after 31 March 2024, you must also have a 21% or greater whole person impairment rating.
• Your employer can terminate employment after the 52-week obligation period ends, even if you’re still receiving weekly payments.

IMPORTANT NOTE: Terminating employment after 130 weeks WorkCover doesn’t automatically end your entitlement to benefits. Your WorkCover rights continue regardless of employment status, and you may still be entitled to medical expenses, impairment benefits, and potentially a common law claim.

Expert Support For WorkCover Disputes

The difference between understanding the WorkCover claims process in Victoria and actually navigating a complex dispute can be significant. If you’re considering whether to proceed to Magistrates Court or explore alternative options, professional guidance makes all the difference.

Whether you’re dealing with a rejected claim, terminated payments, or concerns about terminating employment after 130 weeks WorkCover, understanding the process and your options gives you the confidence to make informed decisions about your next steps.

At Henry Carus + Associates we’ve guided hundreds of Victorian workers through the dispute resolution process, from conciliation to Magistrates Court. Our WorkCover solicitors know how to build strong cases, negotiate effectively, and achieve fair outcomes without unnecessary delays. We work on a no-win, no-fee basis, so you have nothing to lose by getting expert advice. 

The post When Does a WorkCover Dispute End Up in the Magistrates Court? appeared first on Henry Carus + Associates.

But what is Arik, and how does it affect your ability to reach the compensation thresholds? In this guide, we’ll share everything you need to know.

Key Insights

• The Arik decision (Vicinity Centres PM Pty Ltd v Arik [2023] VSCA 295) is a Victorian Court of Appeal ruling about how Medical Panels should assess lower limb impairments using the AMA Guides
• The Court ruled that Medical Panels can use the “highest impairment” method rather than combining all ranges of motion deficits when assessing hip injuries
• This decision affects whether injured Victorians meet the impairment thresholds needed to claim compensation for pain and injuries
• It applies to all personal injury claims in Victoria, whether you’re injured at work, in a transport accident, or in a public place

What is the Arik Decision?

The Arik decision refers to the Victorian Court of Appeal case Vicinity Centres PM Pty Ltd v Arik [2023] VSCA 295, decided on 5 December 2023. Ms Arik had slipped and fallen at Broadmeadows Shopping Centre on 1 December 2019, suffering a hip injury. When she tried to claim compensation under the Wrongs Act, a Medical Panel assessed her whole person impairment (WPI) at 4% – below the 5% threshold needed to claim damages for pain and suffering.

Here’s where Arik becomes crucial: Ms Arik challenged the Medical Panel’s assessment method through judicial review. She argued the Panel had incorrectly interpreted section 3.2e of the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition (the AMA Guides), which Victorian Medical Panels use to assess all injury claims.

The case travelled through three court levels:

1. Supreme Court (March 2023): Justice Richards found the Medical Panel had not applied the AMA Guides properly, stating it should have combined all ranges of motion restrictions rather than taking the highest rating. Under this approach, Ms Arik’s WPI would have been 14%.
2. Court of Appeal (December 2023): By majority, the Court of Appeal overturned the Supreme Court’s decision, holding that the Medical Panel’s assessment was in accordance with the Guides. The Panel’s method (taking the most severe impairment rating) was acceptable.
3. High Court (May 2024): On 9 May 2024, the High Court refused an application by Ms Arik for special leave to appeal from the Court of Appeal’s judgment.

Understanding the Arik decision means recognising it’s the final word on how Medical Panels assess lower limb injuries in Victoria (at least for now).

The Key Legal Issue: Combining vs Highest Impairment

The technical question at the heart of what Arik is seems narrow, but its impact is massive. When a Medical Panel assesses a hip injury, they measure range of motion in multiple directions – flexion, extension, abduction, adduction, and rotation. Each direction can be classified as mild, moderate, or severe impairment.

The Medical Panel assessed Ms Arik’s injured hip and found five planes of motion were impacted: two were “moderate” and three were “mild”. They then took the highest classification (moderate) and assigned her 4% WPI based on that single rating.

Ms Arik’s legal team argued this was wrong. They contended that each impairment of range of motion should have been combined, consistent with other sections of the AMA Guides that state, “if the patient has several impairments of the same lower extremity part, the whole-person estimates for the impairments are combined”.

The difference is enormous:

• Highest impairment method: 4% WPI (below threshold)
• Combined method: 14% WPI (well above threshold)

The Court of Appeal majority sided with the Medical Panel’s approach. They held that the Guides, on a proper construction and taking into account their context, did not require all impacted planes of motion to be assigned an impairment figure and then added together.

Why Arik Decisions Are Important for Injured Victorians

Why Arik decisions are important comes down to one word: thresholds. In Victoria, you can’t claim compensation for pain and suffering or loss of enjoyment of life unless your injuries meet specific whole person impairment thresholds:

• Wrongs Act claims (public liability, medical negligence): More than 5% WPI for most injuries
• WorkCover serious injury claims: 30% WPI or significant impairment of a body function
• TAC serious injury claims: Serious long-term impairment or loss of body function

The AMA Guides are used to assess impairment for all injury types in Victoria, whether you’re injured in a public space, at work, or in a transport accident. The Arik decision affects every one of these claims.

Understanding why the Arik decision is important means recognising that this case determines whether thousands of injured Victorians will qualify for compensation.

How the Arik Decision Affects Your Claim Today

Now that the High Court has refused to hear the appeal, the Arik decision is settled law in Victoria. Here’s what it means if you’re pursuing a personal injury claim:

For Lower Limb Injuries

If you’ve injured your hip, knee, or ankle and you’re assessed by a Medical Panel, they’ll use the “highest impairment” method when evaluating range of motion restrictions. Your WPI percentage will likely be lower than if all your movement restrictions were combined.

For Other Body Parts

The Arik decision specifically addressed lower extremity assessments under section 3.2e of the AMA Guides. The methodology for assessing other body parts hasn’t changed. However, the Court’s reasoning about how to interpret the AMA Guides could influence future cases involving other body systems.

For Workplace Injuries

If you’re a workplace injury lawyer with a Melbourne client, the Arik decision affects whether you’ll reach the 30% WPI threshold for a WorkCover serious injury application. Lower limb injuries assessed using the “highest impairment” method may not reach this threshold as easily.

For TAC Claims

The decision impacts whether you’ll meet the definition of serious injury for fair compensation for transport accidents. Lower limb injuries resulting from car accidents are common, and how your impairment is assessed can significantly impact the value of your entire claim.

For Public Liability Claims

Under the Wrongs Act 2015 amendments, you need more than 5% WPI to claim compensation for pain and suffering. The Arik decision makes it harder for some lower limb injuries to reach this threshold.

The practical impact? You need experienced legal representation who understands how Medical Panels apply the AMA Guides post-Arik. Your lawyer should review any Medical Panel assessment carefully, checking that measurements were taken correctly and that the Panel applied the methodology consistently with the Court of Appeal’s interpretation.

Get Expert Guidance on Your Injury Claim

The Arik decision shows how technical legal interpretations can have massive real-world consequences for injured people. A difference in how you measure a hip injury can mean the difference between qualifying for compensation and walking away with nothing.

Medical Panel assessments can determine whether your claim succeeds or fails. After the Arik decision, it’s more important than ever to have legal representation that understands how impairment thresholds work across WorkCover, TAC, and Wrongs Act personal injury claims.

At Henry Carus + Associates, we’ve helped hundreds of injured Victorians navigate the Medical Panel process and challenge assessments that don’t accurately reflect their injuries. If you’ve been injured and you’re concerned about reaching impairment thresholds, we’ll review your medical evidence, advise you on your prospects, and fight to ensure you receive every dollar you’re entitled to.

The post What is the Arik Decision and Why is It Important? appeared first on Henry Carus + Associates.

The answer is complicated. Home insurance includes property liability insurance coverage, but it only covers injuries to visitors on your property — not injuries to you or your family. And the type of injury, who got hurt, and how it happened all matter when it comes to making a claim.

Let’s break down exactly when home insurance covers personal injury in Victoria, when it doesn’t, and what you need to know if you’re facing a claim.

Key Insights

• Property liability insurance (also called legal liability cover) is automatically included in most Australian home and contents insurance policies
• It covers injuries to visitors on your property if you’re found legally liable — up to $10-30 million, depending on your policy
• It does not cover injuries to you, your family, or anyone who lives with you
• Common covered scenarios: guest slips and falls, dog bites, falling tree branches
• Not covered: intentional acts, business-related injuries, motor vehicle accidents, injuries to residents
• If you’re injured at someone else’s property, you’d claim against their home liability insurance or pursue a personal injury claim under Victorian law

What Is Property Liability Insurance?

Property liability insurance (often called legal liability cover in Australia) protects homeowners from financial loss if someone is injured on their property and they’re found legally liable. It’s automatically included as part of your home insurance or contents insurance policy, not sold separately.

In Victoria, property owners have what’s legally known as “occupier’s liability” — a duty of care to ensure their property is reasonably safe for visitors. If you breach that duty and someone gets hurt, you could be liable for their medical bills, lost wages, legal fees, and compensation for pain and suffering.

That’s where property liability insurance kicks in. According to QBE Insurance, most Australian policies provide legal liability coverage ranging from $10 million to $30 million — significantly higher than typical overseas policies.

Does Home Insurance Cover Personal Injury?

Yes and no. Your home liability insurance covers personal injuries, but only under specific circumstances.

What home insurance covers:

• Injuries to visitors, guests, or third parties on your property
• Injuries you’re legally liable for due to negligence
• Medical expenses, legal fees, and compensation claims

What home insurance does NOT cover:

• Injuries to yourself or family members living in your home
• Injuries to household residents or long-term guests
• Intentional harm or gross negligence
• Business or trade-related injuries (covered under WorkCover)
• Motor vehicle accidents (covered under TAC in Victoria)

Think of it this way: your home insurance protects you from being sued by others for injuries on your property. It doesn’t act like health insurance or accident cover for your own injuries.

When Property Liability Insurance Covers Injuries

Let’s look at real scenarios where property liability insurance typically provides coverage in Victoria.

Slip and Fall Accidents

Your neighbour slips on your wet deck and fractures their ankle. If you’re found negligent, your legal liability cover pays for their medical treatment, lost wages, and any compensation they’re awarded. Victoria Legal Aid confirms that property owners are legally responsible for injuries suffered on their property when negligence is proven.

Dog Bites 

Your dog bites a delivery driver who enters your front yard. Most home liability insurance policies in Australia cover dog bite claims; however, some insurers exclude certain breeds or require additional coverage for dogs with a history of aggression.

Falling Objects 

A branch from your tree falls and injures a pedestrian walking past your property. If you knew the tree was unstable and failed to address it, liability in insurance principles means you’re responsible, and your home insurance would cover the claim.

When Home Insurance Doesn’t Cover Personal Injury

Understanding what’s not covered is just as critical as knowing what is.

Injuries to Residents

If your spouse trips on loose carpet in your home and breaks their leg, your home insurance won’t cover it. Home liability insurance only covers third parties. Your family members would need to rely on their private health insurance, Medicare, or potentially their own personal income protection policies if they can’t work due to the injury.

Intentional or Reckless Acts

If you deliberately push someone down your stairs, or your extreme negligence causes harm, your insurer will deny the claim. Liability in insurance principles require the harm to be accidental and the result of ordinary negligence, not intentional wrongdoing or gross recklessness.

Business or Trade Injuries

If a tradie you’ve hired slips and falls while working on your property, that’s covered under their WorkCover insurance, not your property liability insurance. Similarly, if you run a business from home and a client is injured, you need separate public liability insurance — home insurance won’t cover business-related claims.

Motor Vehicle Accidents 

If someone is injured by your vehicle on your property (say, you back out of the driveway and hit a visitor), this falls under your motor vehicle insurance or Victoria’s Transport Accident Commission (TAC) scheme, not your home insurance. Understanding the difference between third party vs comprehensive insurance becomes important here.

Making a Claim Against Someone’s Property Liability Insurance

If you’ve been injured on someone else’s property in Victoria, here’s how to pursue compensation through their property liability insurance.

• Step 1: Seek immediate medical attention. Your health comes first. Get treated, and keep all medical records and receipts—these become crucial evidence for your claim.
• Step 2: Document everything. Take photos of where the accident happened, your injuries, and any hazards that caused the fall or injury. Get witness contact details if possible.
• Step 3: Report the incident. Notify the property owner or occupier about the injury. They’re required to report it to their home insurer, who will assign a claims assessor.
• Step 4: Get legal advice. Before dealing directly with the property owner’s insurance company, speak with a personal injury firm experienced in Victorian premises liability claims.

Under the Limitation of Actions Act 1958, you have three years from the date of injury to bring a personal injury claim in Victoria, but starting the process early protects your rights and ensures evidence isn’t lost.

What You Can Claim

If you’re injured due to someone else’s negligence, their property liability insurance should cover:

• Medical and rehabilitation expenses
• Lost income and future earning capacity
• Pain and suffering
• Out-of-pocket expenses
• Legal costs (if the insurer agrees to cover them)

Most personal injury claims against home insurance policies are settled through negotiations between your lawyer and the insurance company, without ever going to court.

Get Expert Legal Guidance on Property Liability Claims

Navigating property liability insurance claims requires understanding both insurance policy terms and Victorian personal injury law. Home insurance policies have complex exclusions, coverage limits, and reporting requirements. Miss a deadline or say the wrong thing to an insurer, and you could jeopardise your claim entirely.

That’s where Henry Carus + Associates can help. Our personal injury team has extensive experience handling premises liability claims across Victoria. We know how insurers operate, what evidence strengthens your case, and how to negotiate fair settlements.

Whether you’re dealing with a denied claim, wondering if you have a valid case, or facing a lawsuit after someone was injured on your property, we’ll provide clear legal advice tailored to your situation — at no cost for your initial consultation.

The post Does Home Insurance Cover Personal Injury? appeared first on Henry Carus + Associates.

In Victoria, calculating pain and suffering isn’t as simple as plugging numbers into a formula. The amount you receive depends on the severity of your injuries, how they affect your life, and whether you meet the state’s “significant injury” threshold under the Wrongs Act.

Key Insights

• Pain and suffering compensation covers physical pain, emotional distress, and loss of enjoyment of life, not just your medical bills or lost wages.
• Victoria requires you to meet a “significant injury” threshold: permanent impairment of more than 5% for physical injuries, 5% or more for spinal injuries, or 10% or more for psychiatric injuries.
• What is the average settlement for pain and suffering? In Victoria, amounts vary widely, from around $90,000 for moderate injuries to $375,000+ for severe, permanent injuries. The maximum cap is currently $741,000 for Wrongs Act claims.
• How pain and suffering compensation is assessed depends on injury severity, permanency, impact on your daily life, age, medical evidence, and credibility of your testimony.
• You have three years from the date of injury to make a claim under the Wrongs Act.

What Is Pain and Suffering Compensation?

Pain and suffering compensation is separate from your economic losses, like medical expenses and lost income. It’s designed to acknowledge the intangible ways your injury has affected your well-being.

This includes physical pain from your injuries, emotional distress like anxiety or depression, loss of enjoyment of life (hobbies or social activities you can no longer do), and psychological impacts such as PTSD or trauma. For many personal injury claimants, this component can be the most substantial part of their total compensation.

Unlike a medical bill with a clear dollar amount, how much you can sue for emotional distress in Australia requires careful assessment by medical experts and the court. The law recognises that severe injuries create suffering that extends far beyond the initial accident.

The Significant Injury Threshold in Victoria

We often get asked, “How much can I sue for emotional distress?” Here’s something crucial that catches many claimants off guard: Victoria requires you to prove you’ve sustained a “significant injury” before you can claim pain and suffering compensation under the Wrongs Act and personal injury claims.

A medical practitioner approved by the Victorian Government must assess your permanent impairment using the American Medical Association Guides. For physical injuries (except spinal), you need more than 5% permanent impairment. For spinal injuries, it’s 5% or more. For psychiatric injuries, the threshold is 10% or more.

Some injuries automatically qualify as “significant” without an assessment: loss of a breast, loss of a fetus, psychiatric injury from losing a child before, during, or after birth, asbestos-related conditions, or injuries from intentional acts meant to cause harm.

If your injuries don’t meet this threshold, you can still claim your economic losses (medical expenses, lost wages), but pain and suffering compensation won’t be available. This is one reason why choosing experienced personal injury lawyers Melbourne can make such a difference — they know how to present medical evidence to maximise your chances of meeting the threshold.

How Is Pain and Suffering Calculated in Victoria?

Unlike economic damages that have clear receipts and invoices, how pain and suffering is calculated requires the court to consider multiple factors about your unique situation.

Victorian courts don’t use the multiplier or per diem methods common in the United States. Instead, judges examine your specific circumstances and compare similar cases (though they’re not bound by these precedents). The assessment is more holistic and considers the totality of your suffering.

The calculation process typically involves:

• A detailed medical assessment of your permanent impairment
• Expert testimony about how the injury affects your daily function
• Your own testimony about pain levels and lifestyle changes
• Comparison with past Victorian cases involving similar injuries. 

Courts also consider your age and life expectancy, the permanency of your injuries, the need for ongoing treatment, and how the injury has affected your relationships and quality of life.

What Factors Affect Your Pain and Suffering Compensation?

Several key factors influence how much pain and suffering compensation you’ll receive:

Severity of Injuries

More serious injuries with significant permanent impairment generally result in higher compensation. For example, a traumatic brain injury will attract more compensation than a broken wrist that heals completely.

Duration and Permanency

Injuries requiring ongoing treatment or causing permanent disability increase your compensation. If you’ll need pain medication for life or can never return to your previous physical activities, this weighs heavily.

Impact on Daily Life

Can you still work? Play with your children? Enjoy your hobbies? The more your injury disrupts your normal life, the higher your compensation is likely to be. Courts recognise that being unable to do things you love is a real loss.

Age and Life Stage

Younger claimants who must live with permanent injuries for decades typically receive higher compensation than older claimants with the same injury. A 25-year-old who can never play sports again faces a longer period of loss than a 70-year-old.

Credibility and Medical Evidence

Strong, consistent medical evidence and credible testimony are of enormous importance. If medical experts and your treating doctors all support your claims about pain levels and functional limitations, your case is stronger.

Type of Claim

Different types of personal injury claims in Victoria have different thresholds and caps. TAC claims (transport accidents) have a maximum of $663,580, while Wrongs Act claims (public liability and medical negligence) are capped at $741,000.

When assessing how much you can sue for emotional distress in Australia, these factors are weighed together. No single element determines your payout—it’s the combined impact of your injuries on every aspect of your life.

What Is the Average Settlement for Pain and Suffering in Victoria?

This is one of the most common questions we hear, and the honest answer is: it varies enormously based on your specific injuries and circumstances.

Based on Victorian case law and recent settlements, here are some general ranges: 

• Minor injuries that meet the threshold might attract $50,000 to $100,000
• Moderate injuries with permanent effects typically range from $100,000 to $300,000 
• Severe, life-altering injuries can reach $375,000 to the maximum cap

According to the TAC, the average motor accident injury payout in Victoria is around $35,000, but this includes all claims — many don’t meet the serious injury threshold for pain and suffering. For serious injury claims involving traumatic brain or spinal injuries, the average jumps to approximately $2.25 million.

Maximum Compensation Limits in Victoria

Victoria caps pain and suffering compensation to ensure consistency across claims. As of July 2023, the maximum amounts are:

• Wrongs Act claims (public liability and medical negligence): $741,000
• TAC claims (transport accidents): $663,580
• WorkCover claims: $741,000

These figures are indexed annually, so they slightly increase each year to account for inflation. If a jury awards more than the statutory maximum, the court will reduce it to the cap.

This means that even if your suffering warrants $1 million in a jury’s eyes, you’ll only receive the statutory maximum. It’s one of the limitations of Victoria’s compensation system, though these caps are among the highest in Australia.

Take the Right Steps to Protect Your Claim

Understanding how pain and suffering compensation is assessed in Victoria helps you make informed decisions about your claim. Remember that a significant injury threshold exists, so obtaining a proper medical assessment as soon as possible is critical. Don’t accept early settlement offers before your injuries have stabilised and you understand the long-term impact on your life.

The three-year time limit under the Wrongs Act means you need to act, but don’t rush into settling too quickly either. Victoria’s compensation system can provide substantial financial support for the genuine suffering you’ve endured, but only if your claim is properly prepared and presented.

Need help assessing whether your injuries meet Victoria’s significant injury threshold? Our team at Henry Carus + Associates has extensive experience with Victorian personal injury claims and can provide an honest assessment of your case’s potential. 

Call us on 03 9001 1318 for a free, no-obligation consultation. We work on a no-win, no-fee basis, so you won’t pay any legal costs in personal injury claims unless we win your case.

The post How are Pain and Suffering Damages Assessed in Personal Injury Claims? appeared first on Henry Carus + Associates.

Henry Carus + Associates have extensive experience with WorkCover claims. We can help you lodge a claim, review WorkCover’s decision, and fight for any benefits and additional entitlements you deserve.

If you need assistance with the WorkCover process in Victoria, call 03 9001 1318 today for a FREE, no-obligation consultation.

What Do I Need to Do After a Workplace Injury?

1. Report the Injury

The most important obligation workers have after being injured on the job is reporting the injury to their employer. If you don’t report the injury to your employer within 30 days, you may lose your right to WorkCover benefits.

2. Get Medical Care

You should also seek medical attention as soon as possible. A doctor or other qualified healthcare practitioner will assess your injuries. If you cannot work following an injury, you will be issued a Certificate of Capacity. This certificate enables you to claim weekly payments (i.e., wage loss benefits).

Read More: What Is a Certificate of Capacity in a WorkCover Claim?

3. Complete the Worker’s Injury Claim Form

The Worker’s Injury Claim Form can be downloaded from the WorkSafe Victoria website. You will need to complete parts 1–6, which request the following:

• Your personal information (including your name, address and contact details)
• Details about the incident that led to your injury
• Employment information
• Details about your earnings (e.g., the hours you worked prior to the accident, your hourly pre-tax wage, your weekly earnings, etc.)
• Information about the treatment you have received and your return to work (if applicable)
• The authority to release medical information; signing this section authorises doctors and medical practices involved in your treatment to provide information requested by WorkCover

All of the information you include in these sections needs to be as accurate as possible. If you have difficulties with the claim form, a knowledgeable lawyer can assist you.

Your employer will need to complete the remainder of the form, as well as submit a separate claim form to their WorkCover agent. The time limit for employers to complete this part of the process depends on whether the claim is for a mental injury or a physical injury, as well as the benefits being claimed.

Read More: Does WorkCover Pay for Employee Burnout?

What Happens Next?

WorkSafe generally has 28 days to make a decision whether to accept or reject a claim. (NOTE: Decisions about provisional payments, or benefits for work-related mental injuries, are made within 5 days.)

Before the decision is made, you should attend all doctor visits and follow recommendations for treatment and recovery. Your employer may also contact you about your work capacity and returning to work.

The next step in the WorkCover process in Victoria depends on whether your claim is accepted or rejected:

If Your Claim Is Accepted

You will receive a letter summarising the benefits you are due. These may include:

• Coverage of reasonable medical expenses for your work-related injury
• Provisional payments (first 13 weeks only)
• Weekly payments

Eligibility for weekly payments and the rate at which you are paid depend on your capacity for work. To continue receiving weekly payments, a revised Certificate of Capacity will need to be provided to WorkSafe every 28 days.

Read More: After an Approved Claim, What Will WorkCover Pay?

If your injuries have stabilised after 1 year post your injury date and it is determined that the work injury has resulted in permanent impairment, you may qualify for an impairment benefit. Permanent impairment is assessed by doctors who are specially trained Independent Impairment Assessors. Your injury must meet certain requirements for you to be eligible for the impairment benefit.

After 52 weeks of receiving weekly payments, you may also qualify for superannuation payments. Contributions are made to a super fund of your choice.

Your lawyer can also determine whether you have a claim for common law damages (see below).

If Your Claim Is Rejected

Claimants have the right to dispute any adverse WorkCover decision. Options for doing so include:

• Negotiating directly with the employer
• Requesting review of the decision by a WorkSafe agent
• Applying to the Workplace Injury Commission (formerly the Accident Compensation Conciliation Service) for a conciliation conference
• Requesting that the Workers’ Compensation Independent Review Service review the decision
• If medical issues are in dispute, seeking referral of the matter to a Medical Panel
• Disputing the decision in Court

Having a claim rejected is extremely stressful, and disputing a decision can be difficult for workers to handle alone. It is in your best interest to contact a lawyer who has experience handling disputes in the WorkCover process in Victoria.

Can I Bring a Common Law Claim Through WorkCover?

The process of filing a common law claim is different from the other aspects of WorkCover discussed above. Unlike WorkCover benefits—which are provided on a no-fault basis—common law damages are only available if it can be shown that the injury was caused by the negligence of an employer or another party. Your injury must also meet the definition of ‘serious’ followed by WorkSafe.

If you meet both of these criteria, you can claim common law damages. Common law damages you may be entitled to include:

• Loss of earnings
• Loss of future earning capacity
• Pain and suffering
• Loss of enjoyment of life

A lawyer can help you with the application process and review any compensation offers made by the insurer. If any disputes arise concerning fault, whether you have a serious injury, or the damages in your claim, it may be necessary to move to have the matter resolved in Court.

Read More: Can I Sue for a Work-Related Injury?

Get Help with the WorkCover Process in Victoria

Being injured at work can dramatically change your life. You may be in pain and have difficulty doing your job. In severe cases, your injuries may permanently alter your day-to-day life and your ability to work.

At Henry Carus + Associates, we believe You Deserve More. Our team is committed to helping you through the WorkCover process in Victoria and getting you all of the benefits and other compensation to which you are entitled.

Contact Henry Carus + Associates today for a FREE, no-obligation consultation. Our lawyers handle WorkCover claims on behalf of clients in Melbourne and throughout VIC.

The post What Is the WorkCover Process in Victoria? appeared first on Henry Carus + Associates.

At Henry Carus + Associates, our lawyers have extensive experience handling TAC accident claims. We will review your case thoroughly to determine what benefits you deserve and whether you are entitled to common law compensation for suffering a TAC serious injury.

Call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. Our accident lawyers serve clients in Melbourne and throughout VIC.

What Is a Serious Injury?

‘Serious injury’ has a specific legal meaning followed by the TAC. This definition can be found in the Transport Accident Act 1986:

‘“serious injury” means—

        (a)     serious long-term impairment or loss of a body function; or

        (b)     permanent serious disfigurement; or

        (c)     severe long-term mental or severe long-term behavioural disturbance or disorder; or

        (d)     loss of a foetus.’

– Transport Accident Act 1986 – Sect 93(15)

You are very likely to be required to undergo specialised medical assessments and share information about your condition and/or your finances to determine whether you have suffered a serious injury.

If the TAC is satisfied that your injury is serious, as per the legislation indicated above, you will be issued a Serious Injury Certificate. The Certificate is essential for being able to seek common law compensation (more on that below).

Also included in the TAC’s definition of serious injury is a whole person ‘permanent impairment of 30% or more.’ Permanent impairment refers to a process of determining impairment by the application of the AMA Guides to Permanent Impairment (4^th Edition), where the Guides look to assess the loss of separate physical and/or psychological functioning as a result of the TAC-related injuries and then combining the separate assessments of each body function to determine a Whole Person Impairment.

Whether to pursue a Whole Person Impairment assessment is a decision that should be considered as an option, and for which our accident lawyers are trained to give expert advice.

What Is TAC Serious Injury Common Law Compensation?

The TAC recognises the impact of serious injuries sustained in motor vehicle accidents. If you were seriously injured and have been accepted to have suffered a serious injury, you can pursue common law compensation.

Common Law Compensation

As part of the process of seeking a Serious Injury Certificate, attention will be given to how your TAC accident occurred. The attention will seek to ascertain if someone else was negligent in the happening of the accident and if negligence can be shown, then attention will be given to whether the injured person shares any responsibility for the accident.

Many times such questions can be easily answered, but very often detailed investigations will be needed, such as visiting the accident scene, taking detailed statements from witnesses, and engaging experts to assist in explaining how the accident occurred. The accident lawyers at Henry Carus + Associates have extensive experience in investigation and preparation of arguments in relation to negligence.

All efforts to place responsibility on a negligent third person, such as the driver of another car, provides massive opportunities to increase the common law compensation to the TAC injured person. It is an essential element of how the accident lawyers at Henry Carus + Associates seek to obtain the best compensation an injured person deserves.

In addition to advocating on the issues of negligence, attention needs to be given to the 3 areas of compensation available to a TAC injured person:

• Loss of earnings to date
• Loss of future earnings as a result of a permanent injury
• Pain and suffering

Serious injuries have long-term and permanent effects on an accident victim’s life. The ability to work, live independently, engage in leisure activities, and more may all be impacted.

All of these matters require your accident lawyer to perform at a very high level in order to ensure you receive the best possible outcome by way of common law compensation.

TAC has a process that seeks to resolve common law compensation in an informal manner. That process can be very beneficial to an injured person, as it avoids lengthy and expensive litigation. However, there are occasions that the offers made by TAC at such conferences are not reflective of a fair value for the extent of damages suffered by the injured person.

It takes not only skilled and experienced accident lawyers to evaluate any offers made, but also the resolve to go forward with litigation if that is in the best interests of a client.

You should consult a personal injury lawyer well-versed in seeking the best possible outcome for injured persons in the overall TAC common law process.

Are You Entitled to TAC Serious Injury Compensation?

A TAC serious injury compensation award may consist of a permanent impairment benefit, common law damages or both. Clients of the TAC are often unaware of the full compensation to which they may be entitled following a motor vehicle accident.

You Deserve More. Henry Carus + Associates can help you claim all of the benefits and any additional compensation you are due.

We will counsel you through all aspects of the process, including assessment for serious injury and permanent impairment and lodging the appropriate claim or claims.

It is especially important to have legal counsel if you lodge a claim for common law damages. An experienced lawyer can investigate the accident and collect evidence on your behalf, negotiate a favourable settlement and, if necessary, take your matter to Court.

Contact Henry Carus + Associates for a FREE, no-obligation consultation.

The post What Does TAC Consider a Serious Injury? appeared first on Henry Carus + Associates.

If you have been injured while driving a motor vehicle during the course of work in Victoria, you have entered a complicated crossover between compensation legislation, that of WorkCover, and TAC or Public Liability legislation.

The process starts, most of the time, with the right to lodge a WorkCover type claim for basic benefits. It then continues with common law rights to compensation, if you have been seriously injured from either the TAC or from an entity most likely protected by public liability insurance.

It is the leaving of the WorkCover benefits scheme and entering the possibility of seeking common law compensation either from the TAC, if another motor vehicle was at fault for your accident (including trams, buses and trains) or seeking it from another party and their insurer if the cause of the accident is not some “driving” but some other aspect of the accident, such as the conditions of the road, that can cause confusion and difficulties for most injured persons, and many times for the lawyers acting on their behalf. The interplay of these areas of the law is not easy to understand.

A typical example of such an accident is: someone being seriously injured in a car accident while driving a work vehicle, during work hours, in Melbourne because of the fault of another driver. In this case, TAC will be the insurer of that other car.

And then the example gets more complicated when the accident is caused, at least in part, by something being wrong with the condition of the roadway, its design or maintenance and then you are looking at a public liability claim.

What is involved with the Victorian WorkCover Claim?

The WorkCover claim goes in through your employer once the accident happens and you are injured. Your employer’s WorkCover insurer will process your claim and decide if you are entitled to the benefits available, such as medical and related expenses as well as income benefits.

The decision to accept the claim will follow confirmation the accident happened, the injuries claimed were suffered and that you are in need of the benefits. A medical examination at that time is likely to occur.

Once the claim is accepted the benefits will remain as allowed under the WorkCover legislation. The normal process of seeking common law compensation from WorkSafe is not required, because the accident involves the driving of a motor vehicle.

You are required to seek such access from the TAC.

What is involved in a TAC Common Law claim?

Although the accident happened at work, TAC is in the background if the accident involves the driving of a motor vehicle in respect to getting both access to compensation and the payment of compensation.

You start off with WorkCover benefits but soon your Specialist Personal Injury Lawyer will need to advise you on whether you are entitled to common law compensation because you have been seriously injured due to the fault of another driver.

TAC will have no idea of what has happened to you in the accident. The process starts with advising TAC that you have been seriously injured and providing the evidence needed to satisfy the definition of someone who has suffered a “serious injury”.

This process is considerably different to what is done with a WorkCover claim. More importantly, the concepts used to decide if a person is seriously injured are applied totally different, and many times a person is able to access common law by way of a TAC serious injury where the same injuries would not achieve a serious injury in the WorkCover world. It is essential to have a Specialist Personal Injury Lawyer who has the experience to bridge these two areas of the law easily.

What does ‘serious injury’ mean?

The TAC legislation has its own definitions as to what constitutes a “serious injury” and there have been numerous court decisions used to guide us on how the definitions should be applied.  In most matters it is relatively easy to say whether a person has suffered a “serious injury” but there are many matters that are borderline, and it is often the skill of a good Specialist Personal Injury Lawyer that allows access to common law compensation.

In our experience, the focus is on the consequences of the injury on a person’s quality of life. The test is in part subjective, where attention is given to the individual and how the injury affects that person’s quality of life.

Why is Common Law Compensation so Valuable?

The law in Victoria for common law compensation arising from a TAC related accident is generous compared to other states in Australia.

A person can access compensation of about $550,000 for pain and suffering and over $1.2 million for loss of earnings, past and future.

Such compensation is only available if you have been granted a serious injury certificate and if you can prove someone is at fault for your accident.

What is involved in a Public Liability Claim?

That area of law involved in a public liability claim is very complicated, dealing many times with the responsibilities of those involved in road design or road maintenance. A thorough understanding of the legal obligations of such entities is difficult to grasp just by reading the relevant legislation.

It is so complicated at times, that many firms stay away from these types of matters because they bring into play complicated concepts of the law.

The Personal Injury Specialist handling any claim that deals with a work accident while driving a car in Victoria and say it was caused, at least in part, by the maintenance of the road really has to have a comprehensive understanding of all these areas of the law.

That lawyer would also greatly benefit from an understanding our various government body operations, such as a Local Councils or the State of Victoria, to locate the evidence that is needed to show where responsibility for the accident lies, either with one of them or with one of the contractors hired to undertake works for them.

Sometimes a simple argument that the Council delegated all works to a contractor is one that has to be taken seriously and at other times is of little consequence in relation to the obligations the Council should or should not have undertaken.

An understanding of all of these factors is crucial at the outset so that essential investigations are undertaken immediately before evidence is lost by reason of the accident site changing over time or by reason of other works occurring within the area.

Speed and an understanding of what needs to be preserved as evidence is key.

Why do you need a Specialist Personal Injury Lawyer at this time?

As the injured person you will need right from the start someone to explain to you what you are entitled to under the WorkCover legislation and to also be able to map out how to proceed with any possible TAC or Public Liability common law compensation claim.

All areas of the law need to be considered at the same time.

Do I need a Specialist Personal Injury Lawyer trained in all areas of the Law?

We would say yes.

We believe that a Specialist lawyer with extensive knowledge of all the areas of law involved is essential from the start. Too many WorkCover lawyers will see the claim through what is needed to achieve common law compensation in a WorkCover claim and not in a TAC claim.

Worst of all, too many WorkCover or TAC lawyers will have no understanding of what is needed for a claim involving the condition of the road.

How long does such a claim take to obtain Compensation with TAC?

The WorkCover claim can go in right away and if you are seriously injured, it should be well managed by the WorkCover insurer.

The TAC claim has no time required to start, and can start as soon as one can say you are seriously injured through asking TAC for a serious injury certificate. TAC can easily agree without much fuss.

If TAC disagrees, and you accept our advices that a serious injury certificate should be granted, court proceedings are issued to ask that a judge at the County Court make the necessary determination. That court process can take some months to complete.

Once you have a serious injury certificate, you then turn to looking at what compensation should be awarded and from whom.

If the matter deals with the negligence of a driver, then TAC is the insurer of all Victorian motor vehicles and is quite willing to have early informal conferences to see if an agreement can be reached as to the compensation the injured person deserves.

If such informal processes are not successful, then court proceedings can be issued to seek an award from a court, and most likely a jury.

We are unsure if our experience is unique, but in the matters we have litigated recently as to compensation, we have achieved outcomes before a trial or have been given an award by a jury that were better than the early offers made by TAC. While we do not say litigation is necessary every time, it is an option that has to be considered each and every time an opportunity to settle a TAC claim is presented.

You will be looking for a Personal Injury Specialist who is willing to pursue your claim in court to achieve the compensation you deserve and with the experience to give you advice as to when a matter should be settled.

How long does it take to receive compensation in a Public Liability Claim?

At the outset, you still have to go through the process of obtaining a serious injury certificate as outlined above. Once obtained you can proceed with the public liability claim.

With a public liability claim more time may be needed to fully investigate the claim and put together all the evidence you need to support that claim. Once that is achieved, you will still need to educate the proposed defendant and its insurer as to what is involved, as up to that point the insurers will have no knowledge of the claim, the injuries suffered and its consequences to the quality of someone’s life.

What Compensation amount can I anticipate?

The amount of compensation is a combination of:

• The extent of your injuries and their consequences;
• The ability to say clearly the other driver or entity is responsible for the accident;
• The ability to say the injured person is not, in part, responsible for the accident;
• The overall legal skill of your Specialist Personal Injury Lawyer to achieve the best possible compensation amount.

Should I accept the first offer made?

This is one that really requires you to have trust in your Specialist Personal Injury Lawyer. Many times, the first offer is not the best outcome and further negotiations on the day or maybe even later is required. Other times a first offer may be a really good reflection of the value of the claim.

It is a matter for your Specialist Personal Injury Lawyer to advise, and you are looking for someone with extensive experience.

What does it cost to hire a Specialist Personal Injury Lawyer?

This is an important question and the answer for our firm – Nothing, until we win for you. We operate on a No Win No Fee basis, therefore, no fees or disbursements are owed to our firm in the unlikely event we are not successful in obtaining compensation for you.

If you do win, we find that most of your legal costs will be paid for by the losing party.

What we emphasize is that our fees are not a percentage of your compensation amount, and we only get paid for our work.

More importantly, we believe the focus should not be on fees but on what the work produces for the injured person. Many times you can settle a matter quickly for low fees but the real benefit comes to the client in working that little bit more, and in that little bit more, the fees do not change but the compensation given can go up massively.

We have noted numerous examples on our website in the Success Stories page: https://hcalawyers.com.au/success-stories/.

Why should I hire Henry Carus + Associates to handle my WorkCover – Motor Vehicle Accident Claim?

Our firm has an unrivalled understanding of the areas of law involved. Our Henry Carus has worked as a lawyer for the TAC at a large Melbourne insurance firm, has reached the role of Partner in a Melbourne law firm specializing in public liability claims and has acted for numerous insurance companies and local government bodies.

In addition, we have access to his years of experience as a New York City trial lawyer trained to understand what evidence is need to win a matter in court, and therefore able to start from the outset to gather the necessary evidence.

This combined with his commitment to achieve the compensation each seriously injured person deserves has produced outcomes for our clients that are quite special.

Contact a Melbourne Personal Injury Lawyer

If you have been seriously injured at work in Victoria while driving a motor vehicle, you would benefit from having early specialist legal advice on your rights to benefits and entitlements to common law compensation.

Please contact Henry Carus + Associates by phone, 90011318 for assistance or online where we can assist you at all hours.

The post Motor Vehicle Accident While At Work in Victoria appeared first on Henry Carus + Associates.

In the world of compensation, to be able to access common law damages (damages for pain and suffering and often loss of earnings) you need to demonstrate that your serious or significant injury was caused, at least in part, by someone else’s negligence.

Consider the following examples:

• 1. A passenger in a motor vehicle who is injured when another vehicle runs through a stop sign and hits the car they are in.
• 2. A worker who sustains a back injury while lifting a large box at work.
• 3. A shopper at a supermarket who slips on a wet substance as they are walking around and fractures dislocates their shoulder.

At first glance, each of these examples seems to show fairly clearly that there was fault on the part of another person in causing the injury.

However, then take each of these examples and add some additional features:

• 1. The passenger was not wearing a seatbelt.
• 2. The worker had been told on several occasions and been given specific training to not lift large boxes without another staff member or equipment.
• 3. The wet substance had been identified by staff and a sign had been put up warning of the hazard which the injured person ignored and walked through.

The additional features do not take away from the original negligence that caused the accident/accident/hazard, however it does raise the point of figuring out who is to blame and to what extent.

Arguments by the Defendant to Reduce their Negligence

A common argument made by Defendants in personal injury claims is that the Plaintiff has failed to take care of their own safety or has added to their own risk of injury in some way. The assertion of contributory negligence may or may not have merit and if it does, it will go to reduce the percentage by which a Defendant is responsible. So, for example, if the Defendant is at fault, and the Plaintiff if found to have contributed 30% to the accident, the Defendant will only have to pay 70% of the value of the claim.

What is important is for the injured person to be made aware of the likelihood of the claim being raised, so that he or she can start to think about whether it has merit in the overall circumstances of a claim.

The first example was where the injured person was a passenger the accident was caused by the driver of another vehicle. Normally the driver of the other vehicle would be 100% at fault and no discount would apply. However, when the injured person failed to look after their own safety by wearing a seatbelt one may accept a jury could attribute some fault to the person injured. The key issues that can arise in this situation include whether the injured person had any acceptable reason not to have the seat belt ( example, the driver just asked him or her to reach back and get something from the back seat ) or whether the injured suffered would have been any different if the seatbelt had been worn ( example, the car strikes a tree sideways on the passenger’s side, and as such the seat belt would not have stopped the passenger from striking his or head against the side window ). So the whole picture has to be looked at carefully, and no simply conclusion should be reached. What can be quickly accepted is the error, that is not wearing a seatbelt, opens the accident up for discussion as to whether the passenger should or should not be held partially at fault for the injuries suffered.

Similar issues are raised with the other 2 examples given above, and all of which lead an experienced personal injury lawyer to ask many questions, investigate all aspects, and settle on what is likely to happen when all is presented to a jury.

Only a firm with years of experience with trials in front of a jury can manage such matters with strength and advice a client appropriately.

The post The Concept of Contributory Negligence appeared first on Henry Carus + Associates.

If you have been injured on the job in Melbourne or elsewhere in Victoria, or you have any questions about workplace injuries in general, please contact an our experienced WorkCover claims lawyers for immediate legal assistance.

The Main Difference Between Common Law and WorkCover

A WorkCover claim is brought under a “no-fault” theory of liability. This means that fault is simply not a factor when it comes to settling a WorkCover claim. Victorian workers are entitled to full WorkCover benefits no matter who or what was responsible for their on-the- job injury.

This is in direct contrast to a common law damages claim. In order to bring a successful common law damages claim, an injured worker must prove that their injury was caused by the negligence of another. In other words, the worker must prove that someone else failed to take proper care to prevent their injuries. This concept is known as negligence, as described by law.

Proving negligence requires establishing each one of four separate required legal elements. It must be established that:

• A duty to take proper care existed.
• This duty was breached by an employer or another party.
• There is a connection that can be established between the breach and the injuries.
• Real damages were sustained by the injured person.

Work injury common law claims do not necessarily have to be against an employer. These claims can also bring in third parties. For example, if your work injury was caused by the negligence of another contractor on a construction worksite, you could bring a common law claim against the other contractor. Ultimately, the negligent parties should always be held accountable for the damages that they caused.

Further, it is important to note that fault for a workplace injury is not always easy to ascertain. Often, injured workers feel that they were injured by random chance, or even that they were responsible for their own injuries. Things can get even more complex if multiple parties shared responsibility for your injury.

In Victoria, employers are required to treat employee safety with the highest duty of care. All employers are held to very high standards. Employer negligence can take a number of different forms. If you were injured on the job, it is always best to have an experienced lawyer comprehensively review the specific facts of your case.

Your injury may have been caused by someone’s negligence, even if you do not realise it. This is crucial, because a common law damages claim may allow you to recover significantly more compensation than what is available under a WorkCover claim alone.

The Differences in Benefits

Since WorkCover claims are based on the no fault theory of recovery, all injured workers are entitled to WorkCover benefits. These benefits typically include:

• Compensation for all of the medical and rehabilitation expenses that are related to the workplace injury
• Partial replacement of any wages that are lost during the period that the injured worker is forced to miss time from work
• In some cases, a lump sum payment for any permanent impairment sustained as a result of the injury

While these benefits are critical for injured workers, they are often insufficient to provide compensation for the full extent of losses. Direct medical expenses are covered under the no- fault WorkCover system, but often workers sustain substantial additional losses. In cases where a worker can bring a common law damages claim, there is potential to recover this additional compensation. The two primary categories of common law damages are:

• Pain and suffering, including loss of life enjoyment
• Economic damages, in particular the loss of current and future earning capacity

However, you can bring a common law claim only if your workplace injuries qualify as “serious” under Victorian law. An injury will be deemed serious if the victim received at least a 30 percent impairment assessment on their WorkCover application or if they meet the qualifying standards set forth by the Accident Compensation Act.

Both Claims Require a Good Lawyer

Whether you are lodging a common law damages claim or a WorkCover claim, you should seek professional assistance from a good lawyer. Unfortunately, injured employees are seldom offered immediate full and fair compensation from employers or insurance companies. It typically takes persistence to recover full injury benefits, as both types of claims involve very complex areas of law.

Your injury case always deserves individual attention from a lawyer who has deep experience and proficiency handling these types of claims. Further, it is best to have a lawyer by your side as soon as possible after your injury. Getting a lawyer involved early will dramatically increase your chances of lodging a successful claim. Some actions your lawyer will take include:

• Comprehensively investigating the circumstances of your accident
• Ensuring that you receiving proper independent medical evaluation, so that the full extent of your injuries is properly documented
• Helping you navigate the complex WorkCover process, including ensuring that all claim forms are filled out without error
• Assessing whether bringing common law claim is right for your situation
• Helping you resolve any disputes and protecting your rights throughout the legal process.

Let Our Team Assist You

If you have been injured on the job in Victoria, the experienced work injury lawyers at Henry Carus + Associates can help. Our firm handles both WorkCover claims and common law injury claims. We represent injured workers on a “no win, no fee” basis, which means we get paid only if we help you recover compensation. You can afford a good lawyer, you do not need to go it alone. Please contact our office today to schedule your free initial legal consultation.

The post The Difference Between a WorkCover Benefits Claim and a Common Law Damages Claim appeared first on Henry Carus + Associates.