Can I claim workers compensation for injuries suffered whilst travelling to/from work?
Top Workers compensation benefits are available for injuries suffered in the course of journeys where there is a substantial connection between the person’s employment and the incident out of which the injury arose.
You can lodge a claim with your employer's insurer in the usual way and they will decide if compensation is payable.
Further information is available under journey and work break claims.
How are existing claims transitioned to the new benefits?
Top If you made your claim prior to 1 October 2012, it will be transitioned following a work capacity assessment and decision by your insurer in 2013. Until then, your entitlements will continue under the old benefits system.
If a decision on your work capacity may adversely affect your entitlements, you will be contacted by your case manager at least two weeks in advance to give you the opportunity to provide information about your injury or claim. You will get three months’ notice before any change to your weekly payments as a result of a work capacity assessment.
Note: Some groups are exempt from the changes to workers compensation.
How do I find a trainer or assessor?
Top See the training and assessment area of our website for information on finding a trainer or assessor.
How do I know if personal protective equipment (PPE) is adequate?
Top Designers, manufacturers or suppliers of PPE can give advice on the specifications and appropriate use of their products.
This is important because, for example, no one type of glove provides adequate protection against all chemicals. A respirator designed to be effective against medium air levels of a chemical may not be effective against high levels of the same chemical (or low levels of another chemical).
It may also be helpful to consult relevant Australian Standards.
What are the changes to workers compensation?
Top Recent changes to workers compensation involve transitioning injured workers’ claims to a new benefits system, which includes changes to weekly payment calculations, entitlements to lump sum payments, and time limits for claiming medical and related expenses.
Note: some groups are exempt from the changes to workers compensation.
What do work capacity assessments involve?
Top Work capacity assessments involve a review by the insurer of your medical, functional and vocational status, and help to inform decisions about your capacity to return to work in suitable employment and your entitlement to weekly payments.
They consider all available information, including your self report and injury management plan, information from the employer, reports from treating providers and independent medical reports.
Note: some groups are exempt from the changes to workers compensation.
What should I do if my employer can't provide suitable work?
Top As the worker, you should contact the insurer and tell them your employer cannot offer suitable work. A weekly benefit will be paid to you while you are actively seeking work or engaged in return to work activity.
The insurer should tell you what you are expected to do during this period and this will be documented in an injury management plan.
You must:
- take reasonable steps to find suitable work with some other employer and if you find suitable work you must accept it or your workers compensation benefits will be stopped
- be willing to accept work that is within your abilities and circumstances, or
- undertake rehabilitation and/or retraining needed to improve your chances of getting suitable work.
Who is exempt from the changes to workers compensation?
Top Those exempt from the recent changes to workers compensation are police officers, paramedics, firefighters, coal miners and workers who make dust diseases claims.
However, these workers need to submit the new certificate of capacity, which has replaced the old medical certificate, when making a claim (as do all other injured workers).
