Navigating the Workers Compensation Claim Process: A Worker's Journey

Remember if unsure at any time contact the NTEU for help!

Suffering an injury or illness at work can be a daunting experience, but the workers compensation system is designed to support you during this challenging time. If you find yourself in this situation, the first step is to report the injury to your employer as soon as possible. You can do this in person, in writing, or by email.

Your employer has a responsibility to inform you of your right to make a workers compensation claim and provide you with the necessary form within 14 days of your report.

However, even if they fail to do so, you can still initiate the claim process.

Seeking medical treatment is crucial, and you have the right to choose your own treating doctor. Be sure to obtain a signed Workers Compensation Certificate of Capacity (medical certificate) from your doctor, as this will be essential for your claim.

To officially make your claim, you'll need to complete a Workers Compensation Claim Form, which you can either download or ask your employer to provide. Fill out your section of the form and submit it to your employer along with your medical certificate. Keep a record of all the documents you submit and any related correspondence. We recommend that workers making a claim do not give medical authority to the employer/insurer to see your records.

Once your employer receives your claim form and medical certificate, they must notify their insurer within 3 working days and forward the documents within 5 working days. They are also obligated to start making wage payments to you, as outlined in your medical certificate, and cover any reasonable and necessary expenses related to your injury.

The insurer has 28 days to notify you in writing of their decision to accept or deny liability for your claim. If a decision isn't made within this timeframe, they must provide you with an explanation and outline the steps they are taking to reach a decision, which must be made within 84 days of your claim submission.

Throughout this process, it's essential to keep your employer informed of any changes in your circumstances, such as starting work for another organization or updating your contact information. If you change your primary treating doctor, notify your employer and authorize your new doctor to obtain relevant records from your previous doctor.
Remember, the workers compensation system is here to support you during this challenging time. By understanding the claim process and your rights, you can focus on your recovery and returning to work when you're ready.

More information

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