If you become injured at work, it’s important to tell your employer immediately. They should provide first aid if it’s appropriate, and help you seek medical treatment.
They should also provide you with their workers insurance details.
Your employer is to notify the insurer about the incident within 48 hours, but you or your representative may also contact the insurer.
Generally once the insurer is notified, they will contact you, your employer, and if necessary, your doctor to determine how best to support your recovery.
Within 7 calendar days, the insurer will also provide information about any payments you may be entitled to if you need time off work, are working reduced hours, or if you’re in need of medical, hospital or rehabilitation services.
How to claim for an injury
To make a claim you will need to provide medical evidence that you suffer from an injury or illness as a result of your employment.
If time off work is required, see a doctor and have the doctor complete a certificate of capacity.
Sign and date the worker’s declaration on the certificate of capacity and provide the certificate of capacity to both the insurer and your employer. Attach any bills or receipts for treatment. Contact the insurer about any services that you need that may require pre-approval.
You are required to comply with the insurer's requests for information within seven days. If you don’t respond within time the insurer may discontinue your weekly payments.
Your employer or your representative may provide the above information to the insurer on your behalf. You may also provide other information that supports your claim.
Getting a certificate of capacity
Your doctor provides this certificate and it is the main way in which your doctor communicates with everyone involved in your claim.
In your certificate, your doctor should identify:
- your diagnosis and its relationship to employment
- medical treatment you need
- your capacity for any work (such as how much and what type of duties you can perform)
- if a referral to a workplace rehabilitation provider is needed
- any delays in your recovery
- details of previous related injuries
Your certificate should not cover a period of more than 28 days. In special circumstances, the insurer can agree to a longer period.
You should sign the consent section of the certificate of capacity to enable communication about you injury between your treating health practitioner/s, the insurer, your employer and any workplace rehabilitation provider.
You are also required to complete the declaration as to whether or not you have been engaged in any form of employment or in self-employment or voluntary work.
The worker declaration does not need to be completed by exempt workers.
It’s your responsibility to have a current certificate so you continue to receive any weekly payments and treatment services you are entitled to.
Time limits for claiming
Your claim should be made within a maximum of six months from the date of injury or accident.
However, a claim can be made for up to three years after the date of injury if it wasn’t made earlier due to a reasonable cause, such as ignorance, mistake or absence from the State.
If a claim relates to an injury resulting in death or serious and permanent disablement, the claim may still be made beyond the 3-year limitation, if there is a reasonable cause for the delay.
There are special arrangements for cases where a worker is not aware of the injury at the time of the incident.
Special provisions apply for disease related injuries.
Contact the insurer for further advice or call the State Insurance Regulatory Authority (SIRA) on 13 10 50 for more information.
Hold on to your claim number
When your injury has been reported, the insurer will give you a claim number (sometimes referred to as a reference number).
This number will appear on all correspondence relating to your claim.
Make a note of the number and quote it to your doctor and treatment providers.
If you have suffered an injury and your employer is uninsured, you can still make a claim for workers compensation through us.
To determine liability for your claim, we may conduct investigations and seek further information.
Investigations can help us determine that:
- you’re a worker as defined by the Workplace Injury Management and Workers Compensation Act 1998 (1998 Act)
- you were employed by the business you’ve identified as your employer
- the injury you’re claiming for occurred while you were working for the nominated employer, and the employment is a substantial contributing factor to the injury
Normal benefits under the Workers Compensation Act 1987 and the 1998 Act apply to claims under these conditions. There are heavy penalties for employers who fail to have a current workers insurance policy.
For further information contact us.
In some circumstances, you may lodge a claim for modified common law damages, or “work injury damages”.
Your legal representative will be able to give you advice about making a ‘work injury damages’ claim.