Making a claim
If you have been injured at work or whilst travelling on a work related matter, you will need to follow the steps below in order to lodge a claim for workers compensation.
Step 1 – The injured worker must give notice to their employer as soon as possible. Details of the injury are entered in the register of injuries.
Step 2 – Employer DOES NOT investigate the claim which is the function of the insurer
Step 3 – Employer MUST continue making wage payments until advised by insurer
Step 4 - Employer CANNOT use the injured workers personal or annual leave in place of workers compensation
Step 5 – Employer seeks reimbursement of wages from insurer
Step 6 - The employer must give notice to their insurer within 48 hours of receiving notification.
Step 7 - If the injury results in the worker becoming incapacitated for work for seven days, the insurer must make contact with the injured worker, employer and (if appropriate and practical) the workers nominated treating doctor, within three business days.
Step 8 - The injured worker obtains a claim form from their employer and a Certificate of Capacity form from their nominated treating doctor. The worker completes the claim form, attaches the certificate and gives it to their employer.
Step 9 – The injured worker MUST complete and supply claim form and Certificate of Capacity to employer/insurer within 7 days or employer will cease payment of wages
Step 10 - The employer must send the claim form to their insurer within seven days of receiving the claim from the injured worker.
Step 11 - - The insurer accepts or rejects the claim within 28 days.
Step 12 - - If the worker's injury is a significant injury, the employer and worker must take part in the establishment of a personal injury plan by the insurer and comply with reasonable obligations under this plan. The personal injury plan can be developed with the assistance of an approved workplace rehabilitation provider.
Step 13 – The insurer must appoint an approved rehabilitation provider for the injured worker as part of the personal injury plan if the worker has not returned to the worker’s pre-injury duties and preinjury working hours, within 4 weeks after the day the worker gave notice of the injury.
Step 14 - The employer must provide suitable duties for the injured worker if requested and where available, for six months post the date of injury.
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