Making a WorkSafe claim in Victoria

Victorian WorkSafe

If you become ill or are injured at work in Victoria you may be eligible to make a Victorian WorkSafe claim. If your work injury claim is successful, you’ll receive compensation to help with the cost of medical treatment and rehabilitation for your injury or illness. 

Victorian WorkSafe is your employer’s workers’ compensation insurer. By law, employers must have workplace insurance for their employees. However, you can still make a Victorian WorkSafe claim, even if your employer is not insured. 

Who can make a Victorian WorkSafe claim?  

You can make a Victorian WorkSafe claim if you’re a worker in Victoria, which includes: 

• Someone who works for an employer (this could be, for example, full time, part time or casual) 

• Someone who agrees to perform work for an employer, whether under a verbal or written contract 

Independent contractors are only ‘workers’ under Victorian law in certain circumstances. We recommend contacting our expert Victorian WorkSafe team for advice specific to your employment situation.  

The WorkSafe claim process in Victoria 

Starting from the moment of your work-related injury or illness, these are the steps to make a WorkSafe claim in Victoria.  

Step 1 – Seek immediate medical treatment 

If necessary, get immediate medical attention for your work-related injury or illness. 

Step 2 – Notify your employer and report your work-related injury or illness 

• There’s a legal requirement for employers to notify Victorian WorkSafe immediately about ‘notifiable incidents’ in the workplace (such as a death or serious injury requiring immediate medical or hospital attention) 

• Any workplace injury or illness must be recorded in the ‘register of injuries’ kept by your employer. You can complete this record, or it can be done on your behalf 

• If your injury was because of a motor vehicle accident, you must report the accident to the police 

It’s important that you request copies of WorkSafe incident reports and keep your own written record of any workplace incident that led to your injury or illness. 

Step 3 – Get a first certificate of capacity from your doctor 

If possible, see your usual GP and request a Victorian WorkSafe first certificate of capacity. It is valid for a maximum of 14 days and must accompany your WorkSafe claim form if you: 

• Can’t do your pre-injury work, including your usual hours or duties 

• Are claiming weekly payments  

It’s important to know that: 

• The choice of treating doctor is yours, and not your employer’s 

• Only a medical practitioner can issue the first certificate of capacity (not a psychologist) 

• You can choose to attend your usual GP or ask family and friends for a recommendation. You may need to see a medical specialist for your work-related injury or illness 

• Your employer should not be present during your medical examination 

• Explain the circumstances of your workplace injury or illness to your doctor, including every detail, no matter how minor you think it is 

• The first certificate of capacity must include every injury or illness for which you’re making a WorkSafe claim 

Step 4 – Complete and submit your Victorian WorkSafe Worker’s Injury Claim Form 

Download the PDF Worker’s Injury Claim Form. Complete questions 1 to 6 on part A of the form (including signing the authority to release medical information and the worker’s declaration in question 6). 

Once you have completed questions 1 to 6, give your employer (and keep your own copies): 

• Both parts of the form. They are to complete question 7 in Part A and question 8 in Part B 

• The original certificate of capacity 

Step 5 – Contact Shine Lawyers 

At any stage during your WorkSafe claim, get in touch with Shine Lawyers. Our experienced WorkSafe lawyers can help with all aspects of your Victorian WorkSafe claim. 

During your obligation-free meeting with one of our team, we’ll listen to what happened to you, and the impact your injury or illness is having on your life and ability to work. We can advise you of your eligibility to make a WorkSafe claim and your best compensation options. 

Our WorkSafe lawyers also work on a No Win No Fee* basis. 

*Conditions apply 

Why you need a Victorian WorkSafe lawyer 

Navigating the WorkSafe claim process can be difficult, particularly while you’re injured or ill. Our experienced WorkSafe lawyers can support you through the process and give you advice about your specific situation. 

We can also help if your WorkSafe claim has been rejected or if you’ve missed an important time limit. 

Time limits for making a Victorian WorkSafe workplace compensation claim 

It’s important to act quickly if you’re injured or become ill because of your work. Our expert workplace accident claim lawyers are aware of the strict time limits involved in the Victorian WorkSafe process including: 

• You must lodge your WorkSafe claim within six months of your entitlement to apply for compensation (in practice, this generally means within six months of your work-related injury or illness) 

• Victorian WorkSafe have 28 days to decide on your submitted claim 

• If your WorkSafe claim is rejected, an appeal must be made within 60 days of receiving the insurer’s decision 

Is there other injured at work Vic compensation I can claim?  

Depending on the specific circumstances of your work-related injury or illness, you may be able to make a: 

• Common law damages claim if your serious injury or illness was caused by your employer’s (or a third party’s) negligence. Victorian WorkSafe must accept your statutory WorkSafe claim before a common law damages claim can be made. As with statutory workers’ compensation claims, strict time limits apply 

• Claim for lump sum Impairment Benefits if your injuries don’t resolve, even if there is no other negligent party. 

• Total and Permanant Disability (TPD claim) under your superannuation or disability insurance if your injury or illness meets a certain level of disability and impacts your capacity to return to your previous role or to work at all 

Our expert Victorian WorkSafe lawyers and TPD lawyers can advise you on your best compensation options, specific to your circumstances. 

How Shine Lawyers can help with your Victorian WorkSafe claim 

If you think your work-related injury or illness means you’re eligible to make a workplace compensation claim, get in touch with Shine Lawyers. Even if you’ve already submitted a claim, we can advise you on your specific circumstances and support you through the Victorian WorkSafe claim process. A Victorian WorkSafe claim could help you to protect what matters for you and your family. If you're wondering whether you're entitled to make a WorkSafe claim, use our free online claim checker.