Workers Compensation
3. Workplace Accidents & Claims
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 31 Aug 2015
- It is important that you report any accident or injury to your employer as soon as possible after it occurs no matter how small or insignificant it may seem.
- Not all injuries will attract workers compensation. Experiencing a minor cut on your finger that is bandaged quickly and heals within a week will not allow you to to apply for compensation although it should still be reported as an incident. However if you cut your finger and it becomes seriously swollen and infected and temporarily affects your capacity to carry out normal work duties then you may be eligible for a claim.
- If your injuries are concerning enough to warrant a claim you will need to commence the procedure for making a claim. The procedure for making a workers compensation claim generally involves the following steps:
- incident notification:
- the employee must notify their employer as soon as possible after suffering an injury; and
- this usually involves the employee filling in an incident report form with their supervisor although in some jurisdictions verbal notification is sufficient;
- medical examination:
- the employee attends a doctor for an assessment of their injuries and obtains a workers compensation medical certificate;
- notifiable incidents:
- in the event of a serious injury or death the employer notifies the relevant work safety authority;
- completing a claim form:
- the employee will need to fill out a workers compensation claim form and lodge it with employer’s insurer; and
- if possible this should be completed with the employer so that a discussion can be had about any support the employer will need to provide the employee to help them remain at work on alternative duties or return to work as soon as possible;
- lodgement:
- the claim form along with medical documents and all other required information must be lodged with the employer’s insurer;
- assessment:
- the insurer must advise the employee if their claim has been approved or denied within a specified time; and
- provisional payments can be issued to the employee if the assessment takes longer than 14 days if there is missing documentation or if the circumstances of the incident are particularly complex.
- Once the claim form has been assessed your claim will either be confirmed or denied.
- If your claim is confirmed you will commence receiving weekly payments and a plan will be developed to monitor your injuries. You will also be required to enter into a rehabilitation program.
- As you recover and approach being well enough to return to work the amount of your payments will be gradually reduced.
- If your claim is denied you have the right to seek review of the insurer’s decision. Usually this starts with a mediation session.
- If the issue cannot be resolved then the matter may be appealed to court in your state or territory or through private litigation.
- Not all jurisdictions provide for the right to privately sue employers for workers compensation. Our free Find a Lawyer directory may help put you in touch with the assistance you need.
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