From 1 January 2002, if you suffer a work-related injury you will not, in most cases, need to submit a claim form to receive workers compensation. Generally, weekly payments will commence within seven days of your employer's insurer being notified of your injury. Notification of an injury can be written or verbal.
These payments, called 'provisional liability payments' can be made for up to 12 weeks and are designed to reduce the impact of injury and illness. They do not mean an admission of liability by the insurer or employer. In the same way, a claim for medical expenses compensation of up to $5000 may be accepted provisionally.
However, in some cases, you will need to make a claim for workers compensation:
- if your employer's insurer asks you to make one
- you require benefits that exceed your entitlements (ie. weekly payments for more than 12 weeks or medical expenses of more than $5000) under the new streamlined injury notification/claims processing system
- the insurer has stopped making provisional payments and you think that you are still entitled to more benefits.
When an injury has occurred, you must:
- report the injury or work-related illness to your employer (or supervisor) as soon as possible
- enter details in your employer's Register of Injuries (if there is one) - or ask your employer or supervisor to do so
- obtain a WorkCover medical certificate from your treating doctor and give the certificate to your employer.
If you are going to be off work for more than seven days, ask your doctor and employer about suitable duties and participate in the injury management plan to help you get back to work. You must make all reasonable efforts to return to work as soon as possible.
You should also:
- ask your employer to contact their insurer
- keep in contact with your employer and your employer's insurer while you are recovering from your injury
- keep a copy of any documents relating to your injury.
If you need more help or advice, or if there is a problem or a dispute:
- ask the Claims Assistance Service for help and advice on 13 10 50
- contact the Workers Compensation Commission if there is a dispute on 1300 368 040 or visit their website at http://www.wcc.nsw.gov.au/