Workers’
Compensation Lawyers

Irrespective of how your injury occurred, if you are injured at work you could be entitled to a number of benefits. Under the statutory WorkCover scheme you are entitled to financial benefits which are ‘no fault’ benefits paid by the WorkCover insurers’. These include:

• Payment of weekly compensation when you are unable to work due to injury;
• Payment of medical and like expenses; and
• A lump sum for a permanent injury.

If you have been injured at work, or believe that your work contributed to your injury, then you may be entitled to receive the above WorkCover statutory entitlements.

The above WorkCover statutory entitlements do not require fault and therefore your work does not have to be the sole factor that resulted in your injury.

If your injury happened over a period of time you still have the same rights under the WorkCover Statutory Scheme.

There are some statutory time limitations in making your WorkCover Claim, therefore we recommend you come in and see one of our WorkCover specialists as soon as possible.

In some circumstances an individual contractor working under a contract of service may be considered a “worker” under WorkCover legislation, and therefore be entitled to claim WorkCover compensation.

In considering whether a contractor is a “worker” for the purpose of the WorkCover legislation, the Court may apply several tests which include the:

• control test;
• integration test;
• results tests; and
• risk test.

These tests involve consideration of the following factors:

1. Whether the individual performs work under the direction and control of another including:
   1. The location/s of where to work;
   2. The tasks to be completed; and
   3. The times to complete the tasks.
2. Whether the individual can subcontract or delegate the contracted work, or otherwise pay for someone else to undertake the work;
3. Whether the individual supplies most or all of their equipment and tools to complete the work, or whether the business who engaged the individual supplies these items to the individual;
4. Whether the individual is considered to be operating independently, or is considered to be part of the business that engaged the individual;
5. Whether the individual is presented to the public as part of the business that engaged the individual, e.g. by wearing the uniform of the business and/or driving a vehicle with the logo of the business;
6. Whether the individual has an ongoing role with the business or was hired to produce a specific result or perform a specific task;
7. How the individual is paid – e.g. paid based on completion of a specific task or production of a result or paid regularly irrespective of the task/s completed or results achieved; and
8. Whether the individual has an ability to make a profit or loss from the performance of their duties

Incorporated contractors and contractors as natural persons in certain circumstances can be deemed to be  workers under the WorkCover legislation, and therefore claim WorkCover compensation if they meet one of the factors mentioned above.
To determine if a contractor is a worker under the WorkCover legislation, the contractual relationship between the contractor and the business that hired them is assessed under the general contractor provisions.

An individual is deemed to be a worker of the hirer if all the following criteria are met

• The provision of materials or equipment is not the principal object of the arrangement;
• At least 80% of the work is performed by the same individual; and
• At least 80% of the contractor’s overall services income in the relevant period is earned from the hirer.

It is most beneficial that you bring all relevant documentation you have, such as completed claim forms, letters from the Insurer and your employer, medical reports, radiological investigations and any other documents that may be relevant.

Being specialists in personal injury claims, we know how hard it can be to navigate the legal process, but it can be even harder when English is your second language. That’s why we employ a diverse group of people who speak over 15 different languages to make the process as smooth as it possibly can be.

If we don’t have a lawyer who can speak your language, we also have access to a wide network of professional interpreters, meaning we’re here to help you every step of the way in a language that you understand.

When an injury is sustained, it is not only a traumatic and often life changing experience, it often causes great financial strain to the injured party and their family.

This is why for over 40 years Zaparas Lawyers has fought cases on a ‘No Win, No Fee’ basis. In simple terms, this means that in the unlikely event that we don’t secure compensation for you, we will not charge you for any of our professional fees.

You may also be entitled to other claims such as:

• Total and Permanent Disablement or Permanent Incapacity claims within your Superannuation Scheme;
• Income Protection Claim; and
• Incolink.

These schemes are dependant on your unique policy and they all hold various and specific requirements that need to be satisfied.

WorkCover statutory benefits compensation is generally only available to workers. This means volunteers are not entitled to WorkCover compensation unless they are deemed a worker under an Act of Parliament.

If you are a volunteer or someone who assists a government agency in accordance with one of the below Acts of Parliament and are injured whilst carrying out relevant duties then you will be entitled to statutory WorkCover compensation:

• Country Fire Authority Act 1958 (casual fire fighters, including volunteer officers and members and volunteer auxiliary workers)
• Education and Training Reform Act 2006 (volunteer school workers or volunteer student workers)
• Emergency Management Act 1986 (volunteer emergency workers)
• Juries Act 2000 (jurors)
• Police Assistance Compensation Act 1968 (PAC Act) ( volunteers assisting police officers)
• Victoria State Emergency Services Act 2005 (voluntary registered and probationary members of the Victoria SES)

Volunteers in prisons and offenders working or participating in a program under a Correctional Order are deemed workers employed by the Crown and thereby entitled to statutory WorkCover compensation.