Injured or Ill Workers
MAV WorkCare is a self-insured workers compensation scheme for local government. Visit MAV WorkCare Scheme to check if your employer is insured through MAV WorkCare.
If you have suffered a work-related injury or illness and need medical treatment or time off work, you may be eligible for compensation. This page will take you through the WorkCare claims process, your entitlements, support available for you and the return to work process.
How to claim
Follow the below steps to lodge a WorkCare claim:
- Report the injury or illness to your employer. Follow the steps outlined in your employer’s incident reporting and investigation procedure or see the “If you are injured at work” poster in your workplace for details on whom to contact if you sustain an injury at work.
- Complete a claim form
- Obtain a certificate of capacity from your GP (if you cannot do your normal job because of the injury/illness)
- Lodge the claim with your employer
If for any reason, you cannot lodge the claim with your employer please contact our appointed agent, Jardine Lloyd Thompson (JLT) on 03 8664 9349 or email MAVWorkcare@JLTA.com.au.
MAV WorkCare has appointed Jardine Lloyd Thompson as the approved claims agent and is responsible for managing all claims for compensation under the MAV WorkCare Scheme.
Once you have lodged your claim the agent has 28 days to determine whether to accept or reject liability. During this period the agent may seek information from your healthcare providers or request that you to attend an independent medical examination or engage a circumstance investigator to assist in gathering all the information required to make a decision.
You will be notified in writing of the claim decision. If liability for your claim has been rejected, you will be provided with the reasons for this decision and your appeal rights.
What to expect from your Case Manager?
Your case manager is responsible for the overall management of your claim, some of the key things they will do is:
- Collect and assess information to determine your entitlements
- Ensure timely payment of your entitlements
- Ensure you and your employer are aware of your rights and obligations
- Ensure that the return to work process is on track and that you have the right supports in place
- Step you through the workers compensation process and answer any questions you may have
MAV WorkCare has adopted the WorkSafe Claims Manual which provides guidance to assist with decision making inline with the legislation. Visit WorkSafe Claims Manual to access all WorkSafe’s policies about claims management.
What am I entitled to?
- Weekly payments (for time off work)
If your claim is accepted, you will be entitled to weekly payments until you can resume your normal job and working hours.
Weekly payments will be based on a percentage of your average weekly earnings from the previous 52 weeks (95% for the first 13 weeks and 80% from week 14 onwards). You may be entitled to receive a top-up to 100% from your employer if you are covered by an Enterprise Bargaining Agreement.
In most circumstances you will receive the weekly payments directly from your employer in the same way that you receive your usual pay. To receive payment, you will need to submit regular certificates of capacity to your employer.
- Medical and Like expenses
You will be entitled to compensation for the costs of your treatment. It is important to be aware that MAV WorkCare covers costs at the Worksafe Scheduled Fees rate so there could be a gap between what a healthcare provider charges and what MAV WorkCare can pay. Ask your healthcare provider or speak to your Case Manager before making an appointment.
Some treatments can be accessed without prior approval from the agent, such as GP, MRIs, physiotherapy, chiropractic, osteopathy, dental, optometry and podiatry. For payments of other treatments, you will need to send a copy of the referral to our appointed agent.
You may also be entitled to other services such as travel expenses, vocational rehabilitation and retraining, home help or modifications, supported accommodation or outreach services.
- Impairment benefits
If you have suffered a work-related injury or illness that has left you with a permanent impairment, you may be entitled to a lump sum payment. Any entitlement cannot be established until the injury has stabilised – usually at least 12-months following injury.
If you believe that you have suffered a permanent impairment due to your injury/illness and would like to make a claim, the agent can assist you through this process and provide you with the necessary information.
- Superannuation payments (post-52 weeks)
If you’re receiving weekly payments because of a work-related injury/illness, you may also be entitled to superannuation payments. Any entitlement will not be until 52 weeks has elapsed and only if your employer has no legal obligation to continue to make superannuation payments to you.
The agent will contact you to let you know if you are eligible and obtain your superannuation fund details.
- Claim for damages
If you have a work-related injury or illness you may be entitled to damages from your employer. These damages can include pain and suffering and economic loss compensation payment. You will need to seek legal advice to pursue this avenue.
- Entitlements following a work-related death
MAV WorkCare provides support and financial compensation to families of people who have died as a result of a work-related injury or illness. MAV WorkCare can cover expenses for the deceased person such as ambulance, hospital, burial or cremation, family counselling services and lump sum or weekly pensions for dependent partners and children.
Return to Work
MAV WorkCare is committed to assisting workers achieve the best practicable levels of recovery and rehabilitation following a workplace injury, and return to work is an important step in the process. You can read the MAV WorkCare Return to Work Policy here.
Injured workers have a number of rights and obligations under the legislation, in regard to return to work.
- To be provided with return to work information and be consulted about how that information is to be made available
- To the extent that it is reasonable for your employer to do so, to be provided with suitable employment if you have a current work capacity or pre-injury employment if you no longer have an incapacity for work for a period of 52 weeks in accordance with the legislation.
- To be consulted by your employer about planning your return to work.
- To be provided with clear, accurate and current details of your return to work arrangements as part of planning for your return to work.
- To the extent that it is reasonable for your employer to do so, to be consulted and be provided with information about your return to work. You must be given a reasonable opportunity to consider and express your views about your return to work and have those views taken into account.
To be represented, assisted and supported (except by a legal practitioner) during any stage of the return to work process, including in the consultation process.
- In co-operation with your employer and the Agent, to make reasonable efforts to actively participate and cooperate in planning for your return to work.
- In co-operation with your employer and the Agent, to make reasonable efforts to return to work in suitable or pre-injury employment at your place of employment or at another place of employment.
- To actively use an occupational rehabilitation service where provided, and cooperate with the provider of that service.
- To actively participate and cooperate in assessments of your capacity for work, rehabilitation progress and/or future employment prospects at the request of your employer and/or the Agent.
- To actively participate and cooperate with the representative of the Agent in an interview to enhance your opportunities to return to work, as required.
- If an issue about your return to work arises, to attempt to resolve the issue in accordance with the procedure for resolving return to work issues.
After being injured at work, the agent may appoint the services of an occupational rehabilitation (OR) provider who can help you to return to work or remain at work.
OR providers are return to work professionals that are experienced in dealing with workplace injuries and helping people back to safe work.
They are independent of all parties involved in your claim, including MAV WorkCare, JLT and your employer.
You can find more information on WorkCare OR Providers below.
Locate a WorkSafe registered provider for the following services:
- Attendant Care
- Commercial Gymnasium
- Commercial Pool
- Home Help – cleaning
- Home Help - gardening
If you have a GP referral and approval from our authorised Agent, you can use the WorkSafe Injury Support Provider register to find a provider in your area.
You are entitled to claim reimbursement of travel expenses for the following appointments:
- Medical and hospital appointments
- Independent medical examinations, independent impairment assessments, conciliation conferences, medical panel reviews
- RTW Case Conferences
Submit your travel reimbursements to the Agent using the travel reimbursement form.
To locate other support services in your area such as housing, meals, healthcare, counselling, legal advice, addiction treatment and a whole lot more you can access Ask Izzy. This service is free and anonymous, and you if you are on the Telstra mobile network you can access Ask Izzy even if you don’t have credit.
Where to get more information
Jardine Lloyd Thompson Pty Ltd
03 8664 9349
03 9667 5505
1800 136 089
Deaf, hearing or speech impaired?
Contact the National Relay Service
1800 555 660
Need an interpreter?
03 8807 2300