Workers compensation

Occupational Health & Safety Resource Kit.
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Workers who suffer a work-related injury will not, in most cases, need to submit a claim form to receive workers compensation. Generally, weekly payments will commence within 7 days of the employer's insurance company being notified of the 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 insurance company or employer. In the same way, payment for medical expenses compensation of up to $5,000 may be accepted provisionally.

However, in some cases the injured worker will need to make a claim for workers compensation:

if the employer's insurance company asks you to make one, or
if the worker requires benefits that exceed entitlements (that is weekly payments for more than 12 weeks or medical expenses of more than $5,000) under the new streamlined injury notification/claims processing system, or
the insurance company has stopped making provisional payments and the worker believes that he or she is still entitled to more benefits.
To satisfy the time limits for making a claim.

When an injury has occurred, the injured worker must:

report the injury or work-related illness to the employer (or supervisor) as soon as possible;
enter details in the employer's Register of Injuries (if there is one) - or ask the employer or supervisor to do so;
obtain a WorkCover Medical Certificate from the worker's treating doctor and give the certificate to the employer.

Workers who are going to be off work for more than seven days, need to ask their doctor and employer about suitable duties and participate in the injury management plan to help them get back to work. Injured workers must make all reasonable efforts to return to work as soon as possible.

A worker should also:

ask the employer to contact their insurance company
keep in contact with the employer and the employer's insurance company whilst recovering
keep a copy of any documents relating to the injury.

If there is a problem or a dispute you can contact

the CEPU on (02) 9281 2811
ask the Claims Assistance Service for help and advice on 13 10 50.
contact the Workers Compensation Commission if there is a dispute in Sydney: (02) 9243 8800 or NSW Country & Outer Metropolitan: 1300 368 040 or visit their website at www.wcc.nsw.gov.au

or a dispute over a return to work plan on behalf of their members to the Commission.

In such disputes, the Commission will be able to:

attempt to conciliate
direct that an injury management consultant or other qualified person (paid by the employer) carry out a workplace assessment
refer it to WorkCover
make a recommendation on the matter.

Under the Law the employer is required to provide suitable duties. OH&S Representatives and Union Representatives should develop a list of suitable duties for their workgroup.