This article is brought to you by Slater and Gordon.

By James Casey, Principal Laywer.

WorkCover payments extended for long-term injured workers

The COVID-19 crisis has changed many things over the course of the last couple of months, and we have various initiatives and laws put in place to enhance the rights of working Australians. 

One such change is the Victorian workers compensation scheme.  Injured workers who have an accepted workers compensation claim, and who have been in receipt of weekly payments for a period that is approaching the 130-week period will see a change to their entitlements.   

What does this mean for long-term injured workers?

Injured workers who have had their payments terminated in the last five months are now legally entitled to receive them for a further six months, thanks to a raft of changes announced by the Victorian State Government on 23 April 2020.

The changes will provide an extra six months’ worth of weekly payments for long-term injured workers who are currently receiving entitlements through the workers compensation system.

The new laws will ensure those workers who are due to transition off weekly payments are supported if they are unable to find employment due to the impacts of the COVID-19 crisis.

Previously, workers compensation insurers were only required to provide three months’ notice before terminating payments for workers once they had received payments up until the 130 week mark. The new laws have temporarily extended this notice period to nine months. 

When do the changes comes into effect?

The changes to the 130-week notice period will apply from 1 December 2019 onwards, meaning payments will be backdated and may be available for you to claim.

Have any other aspects to the workers compensation process changed in light of COVID-19?

No, not at this stage.  If you have sustained an injury during the course of your employment, you can read our previous article on how to make a claim here.

What happens if I contract COVID-19 during the course of my employment – can I make a workers compensation claim?

If the circumstances suggest that your workplace was the likely source of infection, you are entitled to lodge a Workers’ Compensation claim. You should obtain a WorkCover Certificate of Capacity from your doctor and complete and lodge a Claim Form as soon as possible.

Questions and concerns  

If any troubles arise with your workers compensation claim during these uncertain times or you need further information about your rights, we recommend that you contact your Organiser or HACSU Assist via 1300 651 931 or assist@hacsu.asn.au. HACSU will be able to assist in organizing a priority referral to Slater and Gordon for advice and guidance.  

About the Author:  James Casey is a Practice Group Leader of our Workers Compensation and Motor Vehicle Accident teams in our Dandenong office.  James has been fighting for workers rights at Slater and Gordon for 10 years, and prides his work on getting results injured workers deserve.  

Slater and Gordon have proudly served HACSU and its members for many years, and as a HACSU member, we provide discounted legal services and benefits in the following areas:

• Workers Compensation
• Motor Vehicle Accident Claims
• Asbestos Claims
• Superannuation and Disability Claims
• Medical Law
• Public and Product Liability
• Estate Litigation
• Industrial and employment law

We also offer exclusive services to HACSU member in the following areas:

• Wills and Estate Planning
• Family Law
• Criminal Law 

To access these discounted services*, contact HACSU today who will arrange a referral to Slater and Gordon. 

*Conditions apply. See www.slatergordon.com.au for details. 

Disclaimer: The information contained in this document is provided for your assistance and should not be relied on as legal or medical advice or as a substitute for legal or medical advice.

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