What is the process to submit a workers compensation claim?

An injured worker should report a workplace injury to the employer as soon as practicable following the occurrence of the injury and preferably within 30 days from the date of the injury. Every employer is required to maintain a register of injury which an injured worker will be asked to complete. In the event that the workplace does not maintain such a register, an injured worker can provide details of the injury to the employer in writing. The injured worker may be provided with a notification of injury form to complete and return to the employer.

The injured worker should retain a copy of all notifications provided to the employer.

Following the report of injury the injured worker should seek treatment for the injury sustained. This would involve an attendance upon a nominated treating doctor or a hospital depending on the nature and severity of the injury. Following the initial consultation, the injured worker should receive a Certificate of Capacity which will provide an assessment by the treating doctor as to the injured worker’s capacity for work as well as a diagnosis that the injury sustained was work-related. This Certificate is important for the enabling of the lodgement of a workers compensation claim. The Certificate should be provided to the employer and the employer will then in turn provide the injured worker with a Workers Compensation Claim Form for completion. The completed Claim Form, together with the Certificate of Capacity is then submitted by the employer to the insurance company.

In the event that the employer refuses or fails to provide a Claim Form to the injured worker then the injured worker should make contact with the insurance company directly or the State Insurance Regulatory Authority or a legal representative who can assist with this process.

A claim should be lodged with the employer and the insurer within six months of the injury. However, if there is any delay the insurer will consider a claim lodged outside the six month period if a reasonable explanation can be provided. Such an explanation can include the inability to provide a proper diagnosis of the injury and to relate same to the injured worker’s employment or that the injured worker may be suffering a psychological injury which can take time to manifest itself.

Brydens Lawyers are experts in the prosecution of all workers compensation claims. For specialised legal advice and representation in relation to your workers compensation claim contact Brydens Lawyers on 1800 848 848 or at brydens.com.au. Strict time limits may apply with respect to the lodgement of a workers compensation claim so do not delay. At Brydens Lawyers – #WE DO workers compensation claims.