Process - Michael El Moussalli And Associates

The Process

As soon as possible (within 30 days) after you have had an accident or sustained an injury you consider is work related, you should report it to your employer and lodge a Workers Compensation Claim.
You must then complete a Workers Injury claim form and attend your medical practitioner and  obtain an initial of  Work Cover medical certificate of Capacity to include with the completed form and give these to your employer with any bills or receipts of treatment. Printed forms are available at the post office, my office or download from the Work Safe website:  https://www.worksafe.vic.gov.au/resources/workers-injury-claim-form

I recommend you make and retain copies of both the claim form and the medical certificate before you give the originals to your employer.
If you need help with this process, I can assist you. 
You are also entitled  to make a Workers Compensation Claim and receive benefits if you are a part time or casual employee or deemed to be a worker.  We can discuss this and all aspects of your Workers Compensation Claim when we meet. 

ENTITLEMENTS

All 'reasonable' expenses are covered by Workers Compensation such as: 

Weekly payments
Medical expenses such as hospital,medication, Medical Practitioner visits
Physiotherapy, Chiropractic, Osteopathy etc
Rehabilitation and Counselling
Home help services
Travel expenses to and from your treating health practitioners if you are  unable to drive
Superannuation contributions after 52 weeks
Weekly payments of 90% of average pre injury earnings for 13 weeks and balance of 130 weeks at 80% if you are unable to perform your pre injury duties. 
Only injured workers who are assessed to have a whole person impairment of 21% or more and meet the eligibility test of having NO CAPACITY FOR ANY WORK (Not just pre injury work)  will be eligible to keep receiving weekly payments after 130 weeks.

You are aslo entitled to make a claim for:

A lump sum payment for permanent impairment 
Common Law Damages for Pain and Suffering and economic loss, if you have sustained a  "serious injury" and these injuries are as a result of your employer's negligence.

There are stringent time frames for proceeding with different stages of your claim.

WORK RELATED LUNG DISEASE

Silicosis - Lung disease caused by the inhalation of crystalline silica. Exposure occurs most often in workplaces, such as in the stone mason and construction industries. If you have worked in an environment in which you were exposed to silica dust, you may have claim if your employer failed to set up a system to prevent the effects of the exposure.

Asbestosis - Can occur after long-term exposure to asbestos (This is small particle thas been used in the past in many building and construction materials. 
COPD (Chronic Obstructive Pulmonary Disease- Current international estimates indicate that occupational exposure cause 15-20% of asthma in adults.   
If you have been medicaly diagnosed with an Occupational lung related disease you may be able to claim, even if:

You are no longer working at the place where you were exposed
Your employer is no longer in business
You worked for more than one employer 
You are, or were, a smoker

MENTAL INJURY ELIGIBILTY

On 31 March 2024 changes to mental injury requirements were introduced.For Work Cover claims, a mental injury is now defined as an injury that:

a) causes significant behavioural cognitive or psychological dysfunction; andb) has been diagnosed by a medical practitioner in accordance with the most recent version of the Diagnostic Statistical Manual of Mental Disorders.

Discuss your diagnosis with your Medical Practitioner

You are not eligible for a mental injury claim for work stress and burnout, example if there is an increased work load.
However ongoing WORK PLACE BULLYING or ongoing HARASSMENT will be accepted.

HEARING LOSS CLAIMS

As Industrial Hearing loss injury is progressive in nature, The claim is lodged with your current employer or your last employer if you have ceased work. The date of injury (which your compensation will be calculated) is last day you worked or current if you are still working and exposed to occupational noise.  
A Workers Compensation Claim can still be made if your employer is no longer in business or if you work for yourself as a registered company. 
I have assisted hundred of workers with Work Related Hearing Loss Claims for over 20 years and can assist you :

Initially, I will suggest Audiologists that will arrange a free hearing test,
Once you receive your hearing test results, we will meet to discuss whether you may be entitled to a Compensation payment.  If your results show that you have sustained agreater than 10% whole person Industrial Hearing loss you may be entitled to financial compensation,
I will then assist with the completion and lodgement of the Workers Compenstaion Claim form with the employer and Work Safe Insurance Agent,
Contesting a rejection of your claim if this occurs and appropriate.

In addition to hearing aids entitlement you may be eligible for a LUMP SUM PAYMENT.

For finacial compensation you need to have sustained a minimum of 10% Whole Person Impairment (WPI) 
If you are assesed as having a 10 % Industrial Hearing loss, you may be entitled to an excess of $20,000 depending on your impairment and injury date.   
The finacial compensation is calculated based on the percentage of hearing loss and when you ceased working in a noisy employment,(The higher the impairment and more recent you have worked, the higher the compensation). We can discuss all the above and your entitlements related to your specific injuries when we meet.

What to do

if you've been injured at work and entitled to a Workers Compensation claim?

The Process

TYPES OF INJURIES

ENTITLEMENTS

WORK RELATED LUNG DISEASE

MENTAL INJURY ELIGIBILTY

HEARING LOSS CLAIMS

In addition to hearing aids entitlement you may be eligible for a LUMP SUM PAYMENT.

If you have suffered a work related injury, you can contact me to arrange for a FREE no obligation meeting to discuss your situation and your entitlements for your Workers Compensation Claim.

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