A member asked over 7 years ago

Workers compensation for injury

Hi Guys,
I am an Italian who was working in Australia with working Holiday visa. I fell down from a roof during a job, and I fractured my T12. I only get around 5000 or 6000 dollars and nothing more, my back it's really bad, I was unable to work and unable to survive in Australia because the insurance didn't do the payment on time. I left and since I left I tried to change my profession because I can't lift any weight and I can't do all my movements. I am having a very hard time. I am getting fat because I can't do sports. Can I ask for more compensation?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. You may be able to ask for more compensation by lodging a complaint with the Accident Compensation Conciliation Service, which acts as an independent third party and facilitates the discussion between injured employees and their employers or Worksafe agents. If the Conciliation Service agrees to take on your case, this does not necessarily guarantee greater compensation.

The Accident Compensation Conciliation Service applies the principles of alternative dispute resolution to guide the people involved to share their concerns, communicate clearly and come to an agreement. If the parties do not agree on a solution, then the conciliator may recommend one, or in certain circumstances, direct payments to be made. They can also refer the matter to a medical panel to re-evaluate the severity of the injury. If the parties cannot reach a resolution, then the conciliator may be able to refer you to a court.

A formal request for conciliation is typically lodged within 60 days of receiving a decision about the amount of compensation under a workers’ compensation claim. If you lodge the form after this 60 day window, it is important to provide the reasons for late lodgement. This form can be found on their website (www.conciliation.vic.gov.au).

One problem you might face is that the conciliation conferences are usually held in Melbourne. If you are staying in Italy and cannot attend a conciliation conference in Melbourne, it is best to check whether it is possible to conduct the conciliation over the telephone or another medium by emailing the service (info@concilliation.vic.gov.au). If you decide to take court action after conciliation, you will have to be in Australia.

Suggested way forward

Workers’ compensation can be complicated, but it is important you understand the options available to you. You can contact WorkCover VIC for advice and assistance (info@worksafe.vic.gov.au). For more information about the Accident Compensation Conciliation Service, visit their website or email them (info@conciliation.vic.gov.au). You may also want to consider speaking to a lawyer who can advise you on your legal options and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered about 7 years ago   Legal disclaimer

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