How to lodge a WorkCover claim in Victoria
In Victoria, you lodge a WorkCover claim by notifying your employer of the injury, obtaining a Certificate of Capacity from your doctor, completing a Worker's Injury Claim Form, and lodging it with your employer. The claim is managed by a WorkSafe Victoria Agent under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).
The framework
Victorian workers compensation is governed by the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (WIRC Act). WorkSafe Victoria regulates the scheme; authorised Agents (such as EML, Allianz, Gallagher Bassett) manage individual claims.
The process
Record and report the injury
Record details in the employer's Register of Injuries (a workplace requirement under section 103 of the WIRC Act) and report to your supervisor immediately. Written notice is strongly preferred.
See a doctor and get a Certificate of Capacity
Attend a doctor and obtain a WorkSafe Certificate of Capacity, which documents the injury, diagnosis, and work capacity. This is mandatory for any time-off claim.
Complete a Worker's Injury Claim Form
Complete the Worker's Injury Claim Form (available from WorkSafe Victoria) describing the injury and employment details. Attach the Certificate of Capacity.
Lodge with your employer
Give the completed claim form and Certificate of Capacity to your employer. Keep a copy. The employer must forward it to their WorkSafe Agent within 10 calendar days under section 72 of the WIRC Act.
Agent assesses the claim
The WorkSafe Agent has 28 days to decide liability for weekly payments and medical expenses under the WIRC Act. If further information is needed, the timeframe may be extended.
Receive payments if accepted
If accepted, weekly payments start based on pre-injury average weekly earnings (PIAWE). Medical and like expenses are paid under Division 2 of the WIRC Act. Weekly payments are higher for the first 13 weeks.
Engage with return-to-work plans
Participate in your return-to-work plan. The employer must provide suitable employment under sections 103-105 of the WIRC Act where reasonable.
Dispute a rejection or termination
If the claim is rejected or payments are terminated, you can ask the Accident Compensation Conciliation Service (ACCS) to conciliate. Conciliation is compulsory before going to court.
Magistrates or County Court if unresolved
If conciliation fails, you may commence proceedings in the Magistrates Court or County Court of Victoria for a binding determination on entitlement.
Consider impairment benefits and common law
For permanent impairment of 10%+ (30% for psychiatric), a lump sum is available under Division 4 of the WIRC Act. For serious injury, common law damages may be available under section 335 of the WIRC Act.
Common mistakes
- Not obtaining a Certificate of Capacity
- Delaying notification to the employer
- Missing the 10-day employer referral timeline
- Not requesting conciliation after rejection
- Signing commutation offers without legal advice
Get this process right with Quillio
Quillio can help draft your injury claim narrative, organise medical records, and prepare a conciliation position statement under the WIRC Act 2013. See /practice-areas/workers-compensation or start a free trial.
This guide is general information, not legal advice. For free help with a WorkCover claim contact WorkCover Assist or Union Assist in Victoria.
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