WorkCover Claim Denied? We Can Help You Challenge the Decision

Has your Victorian WorkCover claim been rejected?

Being told that your WorkCover claim has been denied can be overwhelming — particularly when you are already dealing with an injury, medical treatment and uncertainty about your ability to work.

A WorkCover denial is not necessarily the end of your claim.

At Don Cameron & Associates, we assist injured workers across Victoria to understand their rights and challenge WorkCover decisions.

If you have received a decision from your WorkCover insurer that you believe is wrong, it is important to act quickly.

What WorkCover decisions can you challenge?

You may be able to challenge a range of decisions through the Workplace Injury Commission (WIC), including:

• Your WorkCover claim has been rejected
• Your weekly payments have been stopped or reduced
• Your medical and like expenses have been stopped or refused
• A particular medical treatment has been rejected
• Your insurer has disputed your capacity for work
• You disagree with your return-to-work or rehabilitation arrangements
• Your insurer has failed to make a decision about your claim

Our lawyers can review the decision and explain what it means for you and what options may be available.

Don’t miss the 60-day deadline

If your WorkCover insurer has made a decision that you want to challenge, you generally have 60 days to refer the dispute to the Workplace Injury Commission for conciliation.

There may be circumstances where an extension of time is available, but you should not rely on this.

The sooner you obtain advice, the better.

If you have received a WorkCover denial or other adverse decision, contact Don Cameron & Associates as soon as possible.

We can help you prepare for conciliation

The Workplace Injury Commission conciliation process is designed to provide injured workers with an opportunity to resolve disputes with their WorkCover insurer without proceeding immediately to litigation.

A conciliator will consider the issues in dispute and assist the parties to explore whether the matter can be resolved.

Our role is to help you put yourself in the strongest possible position before conciliation.

Our assistance may include:

Reviewing your claim: We will review the available medical evidence, WorkCover correspondence and other documents relevant to your claim.

Assessing your prospects: We can identify the strengths and weaknesses of your claim and advise you about what additional evidence may be required.

Developing a strategy: We can help develop a negotiation strategy directed towards achieving the best possible outcome in your circumstances.

Negotiating with the insurer: Where appropriate, we can correspond and negotiate with your employer and/or WorkCover insurer in an attempt to resolve the dispute before the conciliation conference.

Working with the conciliator: We can liaise with the conciliator, where appropriate, before the conciliation conference to assist in progressing the dispute.

Can our lawyers attend the conciliation?

Lawyers are generally not permitted to represent workers at the conciliation conference itself.

However, you do not have to face the process without support.

Where appropriate, we can assist you to arrange representation through WorkCover Assist or Union Assist, which may be available to represent you at the conciliation conference at no cost.

We can continue to provide you with legal advice and assistance in preparing for the conciliation.

What if the dispute isn’t resolved?

Not every dispute can be resolved at conciliation.

If your matter does not resolve, we can advise you about the options available to you, including the potential prospects, risks and costs associated with taking the dispute further.

Every WorkCover claim is different. The appropriate next step will depend on the nature of your injury, the insurer’s decision, the medical evidence and the circumstances of your claim.

Don’t accept a WorkCover denial without getting advice

If you believe your WorkCover claim has been wrongly denied, you may have options.

Our experienced workers’ compensation lawyers can help you understand the decision, identify the issues in dispute and determine the appropriate way forward.

Received a WorkCover denial?

Don’t wait until the deadline is approaching.

Contact Don Cameron & Associates today to discuss your WorkCover claim and find out how we may be able to assist.

This information is general in nature and does not constitute legal advice. Time limits and available avenues of review may vary depending on the circumstances of your claim. You should obtain advice about your individual circumstances as soon as possible.