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Work Injury Law in Melbourne, Australia, also known as Workers Compensation Law, provides protection and compensation to workers who are injured or become ill as a direct result of their job. It ranges from conditions caused by lifting heavy objects to stress-related illnesses. The law mandates employers to carry workers’ compensation insurance to provide for their workers in the event of an injury or sickness.
Legal assistance is important in cases where the severity of the work-related injury results in permanent disability, or when there is a dispute about the benefits. The lawyer can also assist you in navigating through the complex laws and regulations, representing you in court, if necessary, to ensure you receive the rightful compensation.
WorkSafe Victoria administers and enforces workplace safety laws in Melbourne. All employers are required to have Workers Compensation Insurance. Employees can generally claim compensation for injuries regardless of fault. However, the claim should be made within 30 days after becoming aware of the injury or illness. Proving that an injury or illness is work-related can be complex and usually requires professional legal assistance.
All employees in Melbourne, including casual and part-time workers, are entitled to workers' compensation for injuries sustained at work or as a result of work.
You may claim medical expenses, weekly payments if you lost your income, and compensation for permanent impairment.
It's a requirement for all employers in Melbourne to provide workers' compensation insurance. If they fail to do so, they can be heavily fined or penalised.
Employers cannot fire employees simply because they have filed a workers' compensation claim. However, they can terminate your position if you're unable to perform your duties due to the injury, with appropriate notice and payments.
In most instances, you cannot sue your employer for a work injury. This is because the workers' compensation scheme is a no-fault scheme. However, there are limited situations where legal action can be taken.
If you need more information about workers' rights, you can visit the WorkSafe Victoria website or the Fair Work Ombudsman. For counselling or support services, you can contact Beyond Blue or Lifeline.
If you believe you have a workers' compensation claim, you may want to consult with a lawyer who is familiar with the workers’ compensation process. Initially, arrange all evidence related to your injury such as the incident reports, medical reports and any witness accounts, if available. Then, explore law firms specialising in workers' compensation cases in Melbourne, and set up a consultation to discuss your case and potential options.
