Question 1

Who can claim workplace compensation?

Accepted Answer

In Victoria, or any other state of Australia, if you're injured in the workplace or in the course of your job, you may be able to claim compensation.

If you're a subcontractor or you hold your own insurance policies, it's still possible that you may have a claim for workers compensation.

Shine Lawyers are experts in workers compensation and can help you in your time of need. We have a proven track record that's seen us recover compensation for thousands of Australians.

We can advise you whether you have a claim and help you through this very difficult time in your life.

Question 2

What is the workplace injury claims process?

Accepted Answer

Workplace injury claims fall under employment law, which is a broad area of law that focusses on most areas of the employer/employee relationship.

The workplace injury compensation legal process can be quite complex. The below image is a good representation of how someone can move through the legal process with Shine Lawyers and get the compensation they need.

Question 3

What type of injuries can I claim for?

Accepted Answer

Many different types of injuries and illnesses are covered by the workers compensation scheme.

Injuries that stop you from working or doing your normal work duties, illnesses or diseases, psychological disorders, hearing loss and aggravation of degenerative conditions are typically included.

Injury claims thresholds are different in every state, so it's best to contact a legal expert like Shine Lawyers to see if you have a claim.

It doesn't matter if your injury happened during an authorised break in your employment duties, or while you were performing duties. It also doesn't matter if the injury was your fault, you may still have a claim for compensation. It's important you seek legal help from experts like Shine Lawyers, who can help establish if you have a claim and help make sure you receive the compensation you're entitled to.

Question 4

Do time limits apply for workplace injury claims?

Accepted Answer

Yes. Strict time limits apply for WorkCover and workplace injury claims. Make sure you seek legal advice from our expert workers compensation lawyers as quickly as possible after your workplace injury.

Shine Lawyers have the nous to go up against the big insurance companies and ensure you receive the compensation your entitled to. It's important you act quickly though, because there are strict time limits for bringing about a claim that may impact your rights.

If a time limit is missed, it may impact your potential to a workers compensation claim and your compensation entitlements.

Question 5

I believe I have a workplace compensation claim, what should I do next?

Accepted Answer

It's important that you get legal advice from our expert workplace compensation lawyers as quickly as possible following your workplace injury. If you don't seek independent legal advice, then you may miss deadlines for bringing a claim forward and loose your right to compensation.

Our workplace compensation lawyers will be able to advise you which workers compensation scheme applies to your work injury case, whether you are able to make a workers compensation claim, and if so, what workers compensation benefits are available to you.

The quicker you do this, the quicker you will be aware of what financial assistance will be available to you when you most need help with your work injury claim.

If your workplace injury case involves the negligence of your employer or another party, you may be able to claim lump sum compensation for your work injury. Depending on the circumstances, your lawyer may need to gather vital information for your workers compensation claim such as:

interviewing witnesses of the work injury

reviewing investigative work injury reports

engaging experts to report on accident circumstances for you work injury

Whatever your circumstance or work injury, time is of the essence – early investigation and action may be critical to the success of your workers compensation claim.

Question 6

What if I'm a sub-contractor or self-employed, can I still make a claim?

Accepted Answer

If you're self-employed or a sub-contractor, you may still be covered by WorkCover.

If most of your work is for one organisation or you are treated by the organisation in a similar way to an employee then you may still be covered.

It's important you seek expert legal advice from our workplace compensation lawyers as quickly as possible following your injury to see if you have a claim.

Question 7

What compensation payout can I expect for a workplace compensation claim?

Accepted Answer

If you've been injured at work, then you might be entitled to a range of benefits through a workplace compensation claim. Many things can affect the compensation amount you are entitled to and our lawyers will work on your behalf to get the best outcome for your situation.

It's impossible to give you a rough estimate without knowing your full situation - and we can provide this information to you after we know the full facts of your case.	
You may be able to claim compensation for:

pain and suffering, including loss of quality of life

immediate and future medical expenses, and

loss of earning and future earnings.

In most workplace injury cases a monetary value is placed on the gap between your life path before the injury in the workplace, and your life path since.

Question 8

Should I accept the lump sum payout from WorkCover and how can Shine Lawyers help?

Accepted Answer

You should always get expert legal advice from our workplace compensation lawyers before accepting any offer from WorkCover.

If you sign documentation from your employer or your employer’s insurance companyincluding WorkCover’s Notice of Assessment) before you speak to a lawyer, you may then be ineligible to seek enough compensation for your injuries. The lump sum compensation offered by WorkCover might not adequately compensate you for the long term consequences of your injuries.

Shine Lawyers will make sure your claim covers everything that you're entitled to. Our lawyers can also help with advice about:

lump sum compensation entitlements

rejected WorkCover claims.

Question 9

Who pays the compensation if I take legal action?

Accepted Answer

By law, all employers are required to have workers compensation insurance. What this means is that in the event of a workplace injury relating to an employee - it's this insurance that pays any applicable compensation if the employer is found to be at fault. Shine Lawyers are experts in injury law and we can help you through this difficult time.

Question 10

How long will it take to finalise my workers compensation claim?

Accepted Answer

How long your claim takes depends on a few things, for example how complex your particular situation is.

No two cases are the same, just like no two people are the same, but once a lawyer knows the ins and outs of your case they can give a better idea of the timeframes involved with your claim.

A good indication can also be given after your first interview.

Question 11

How much will it cost to make a workplace injury claim?

Accepted Answer

Shine Lawyers are No Win No Fee\* lawyers, which means if we don't win your case, you don't pay our legal fees. Shine Lawyers provide this legal work framework so that anyone can have fair and equal access to justice.

\*Conditions apply

Question 12

Can I represent myself when making a workplace injury compensation claim?

Accepted Answer

It is possible to legally represent yourself when making a compensation claim. Doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.

Most people making workplace injury compensation legal claims choose not to act for themselves and instead engage an expert compensation lawyer. The best compensation lawyers can provide the knowledge and experience required to help guide a case to a successful outcome.

Question 13

Is there a workplace legal expert in my area?

Accepted Answer

Our compensation experts are in the following locations:

Question 14

How can I find out more about Shine Lawyers?

Accepted Answer

Shine Lawyers are expert workplace injury lawyers that can help you get the compensation you need following your injury at work. Click on the link below for more information about how Shine Lawyers can help you.

Why you should choose Shine Lawyers to handle your workplace injury claim

Hear from some of our clients

History of Shine Lawyers

The Shine Lawyers team

Shine Lawyers also have accredited specialists in personal injury law across the nation:

Workplace Injury Claims

Superannuation and Disability Insurance

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Common Questions

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