You web browser may not be properly supported. To use this site and all its features we recommend using the latest versions of Chrome, Safari or Firefox
If your WorkCover claim is rejected, it’s normal to feel unsure of your next steps. Every year, thousands of claims are rejected due to time limits, eligibility requirements, and disputes from employers and insurers. Some may even rely on legal or delaying tactics to avoid liability.
Even after a WorkCover claim is rejected, you can still challenge the decision. Our Workers’ Compensation team can re-examine your claim and guide you through the appeals process to help get you the compensation needed for your recovery.
Rejected WorkCover claim
WorkCover claims can be rejected for many reasons, including when you submit your claim.
While there’s no strict deadline in Victoria for lodging a WorkCover claim, those lodged later than 30 days after the injury are far more likely to be rejected.
Other common reasons for claim denials include:
Your physical or psychological injury did not meet the required threshold.
There is no diagnosis in respect to your psychological injury.
Your injury or illness occurred outside of Victoria.
Your injury or illness didn’t occur in the course of your employment (including travelling to and from).
Your injury or illness was pre-existing.
Your employer or WorkCover insurer disputes the timeline of events or circumstances of your illness or injuiries.
You don’t meet the legal definition of ‘worker’ under the Workplace Injury Rehabiliation and Compensation Act 2013.
Do I need a lawyer?
Dealing with a workers compensation claim can be frustrating, especially when focusing your on recovery and mapping out a return-to-work timeline. Insurers don’t always make the process easy, and their decisions can impact your compensation, benefits, and the timeline of your claim.
An experienced workers’ compensation lawyer can protect your interests and manage the legal complexities of a WorkCover claims.
Is it common for claims to be rejected?
In their 2023-2024 annual report, WorkSafe Victoria processed more than 35,500 new claims, with one in five claims being rejected.
There are a number of reasons a claim might be rejected, including insufficient medical evidence, missed deadlines, or disputes over whether your injury is work-related. While a rejected claim can feel like the end of the road, it doesn’t necessarily mean you’re ineligible for compensation.
If your claim has been rejected, it’s important to understand the reason and get legal advice quickly. You may still be able to challenge the decision or request a review.
My WorkCover claim was rejected while awaiting an IME report
There has been a rise in WorkCover claims being rejected while injured or ill workers are awaiting an Independent Medical Examination (IME) report. Delays can occur due to scheduling issues, slow reporting, or the need for further tests.
In this situtation, it’s important to keep your rejection letter and speak to an experienced workers’ compensation lawyer as soon as possible to explore your options.
Dispute a rejected WorkCover claim
If your WorkCover claim has been rejected, you can contact WorkSafe for an Internal Review Unit (IRU) review. If this is unsuccessful, you’ll need to take your case to the Victorian Civil and Adminstrative Tribunal (VCAT).
By this stage of the process, a deep understanding of workers compensation laws is vital, particuarly if your appeal advances to the Supreme Court of Victoria. If your WorkCover claim has been rejected, it’s essential to seek legal advice as soon as possible to help navigate the appeals process.
No Win No Fee* means that if we don’t win your claim you won’t be charged for the work we do on your case.
If your WorkCover claim is rejected, there’s a standard process to challenge the decision. The most common next step is to refer the matter to the Workers’ Injury Commission, ideally within 60 days of the rejection. While this isn’t a strict deadline, we strongly recommend acting quickly.
Although lawyers generally can’t attend the conciliation conference, if we’re assisting you, we’ll ensure you’re well prepared and supported throughout the process. If your claim isn’t resolved at conciliation, there may still be other options to explore.
Every situation is unique, and it can be difficult to know the best next steps. Our team is here to help you get the best chance of a successful outcome.
How we can help
We understand that every workers’ compensation claim is unique, and it can feel overwhelming to navigate the legal system alone. That’s why our dedicated legal team is here to support you, helping you understand the complexities of Victorian workers’ compensation law.
If your injury makes travel difficult, we can arrange phone or video consultations, or even visit you in the hospital.
With the help of our team, including a lawyer of your choosing and highly trained legal assistants, we’ll guide you through each step of the process and work hard to help secure the best possible outcome for you.
Meet the Workers Compensation team
When you work with us, you’ll have your own team of legal experts looking after your case. Experienced, available when you need them, and constantly fighting for your success, they will work closely with you to achieve the best outcome possible. All while aiming to do everything they can to reduce stress for you so you can concentrate on getting better.
I am truly grateful to the team at Slater and Gordon’s Werribee office. From start to finish, their professionalism, compassion, and genuine respect for their clients were clearly evident. They listen without rushing, never cutting a conversation short, and always made me feel heard and supported throughout the process.My case was initially handled with great care by Lawyer Andrea and successfully brought to conclusion by Lawyer Emily. I was also fortunate to have two outstanding Barristers, Rod and Stella, whose expertise and dedication elevated my case to the right level and ultimately led to a successful outcome.I sincerely appreciate the way they work—with integrity, empathy, and an unwavering commitment to their clients. I am genuinely happy with the service I received, and I confidently recommend Slater and Gordon to anyone seeking support with traffic accident-related matters.
Dr Md Faiz Shah
Very Happy with the service I have received from Slater & Gordon, Irena was so confident with what she was able to put together for me.
I was extremely happy with the outcome, and the way Irena went in to fight on my behalf, to obtain the fast result that was awarded to me in the way of compensation, with expert advice.
As I was a Workcover claim, it was really nice being treated like a human and shown respect at all times.
Thank you to Irena and Slater & Gordon team.
Matt Corrigan
Navigating the process of a work injury claim is a lengthy journey, accompanied by physical pain and psychological stress. As a foreigner, I was unfamiliar with Australian workers' compensation laws. Fortunately, I encountered an incredibly professional team who patiently explained the relevant laws and procedures to me, ultimately helping me secure a satisfactory settlement. I am sincerely grateful to Andrea Kehoe, Tulin Terzioglu, Angel Mak, and the rest of the team at Slater & Gordon Lawyers.
AJLEE
Google Reviews
[{"review__text":"I am truly grateful to the team at Slater and Gordon\u2019s Werribee office. From start to finish, their professionalism, compassion, and genuine respect for their clients were clearly evident. They listen without rushing, never cutting a conversation short, and always made me feel heard and supported throughout the process.\n\nMy case was initially handled with great care by Lawyer Andrea and successfully brought to conclusion by Lawyer Emily. I was also fortunate to have two outstanding Barristers, Rod and Stella, whose expertise and dedication elevated my case to the right level and ultimately led to a successful outcome.\n\nI sincerely appreciate the way they work\u2014with integrity, empathy, and an unwavering commitment to their clients. I am genuinely happy with the service I received, and I confidently recommend Slater and Gordon to anyone seeking support with traffic accident-related matters.","photoUrl":"https:\/\/lh3.googleusercontent.com\/a-\/ALV-UjVB-pJqUobuNaLlI_JbBW1D1zKRVdHnbC0jXKKN6ykb1dKOKeQWVQ=s120-c-rp-mo-ba12-br100","review__name":"Dr Md Faiz Shah","review__rating":{"value":5}},{"review__text":"Very Happy with the service I have received from Slater & Gordon, Irena was so confident with what she was able to put together for me.\nI was extremely happy with the outcome, and the way Irena went in to fight on my behalf, to obtain the fast result that was awarded to me in the way of compensation, with expert advice.\nAs I was a Workcover claim, it was really nice being treated like a human and shown respect at all times.\nThank you to Irena and Slater & Gordon team.","photoUrl":"https:\/\/lh3.googleusercontent.com\/a-\/ALV-UjUXGLj4yiL5ePBjE5Jjlx44q83TfNPHgpdIGQ6jH_2MEAP0DsnC=s120-c-rp-mo-br100","review__name":"Matt Corrigan","review__rating":{"value":5}},{"review__text":"Navigating the process of a work injury claim is a lengthy journey, accompanied by physical pain and psychological stress. As a foreigner, I was unfamiliar with Australian workers' compensation laws. Fortunately, I encountered an incredibly professional team who patiently explained the relevant laws and procedures to me, ultimately helping me secure a satisfactory settlement. I am sincerely grateful to Andrea Kehoe, Tulin Terzioglu, Angel Mak, and the rest of the team at Slater & Gordon Lawyers.","photoUrl":"https:\/\/lh3.googleusercontent.com\/a-\/ALV-UjWPxdj1dsfJXOwhOWH281h84cDIi1ZDDLNb7M0qeML7Xzkzv1Q=s120-c-rp-mo-br100","review__name":"AJLEE","review__rating":{"value":5}}]
