As an injured worker you have a number of obligations under the legislation which if you donít comply with may cause you difficulty with your claim.
These obligations are not limited to but include:
a) Notice of claim:
You have an obligation to inform your employer and the insurer of your injury. You should notify your employer and complete a claim form immediately after the injury where possible, or at the latest within three(3) months of the injury. Your employer should have claim forms on site so it should be just a matter of contacting your employer for a form. If not then download a copy the Workers Injury claim form here.
Your employer has an obligation to then notify the insurer within seven(7) days. If there is any difficulty in obtaining a claim form or notifying the insurer then contact ISN who may be able to assist you in making a claim.
In circumstances where you do not report the injury it may make it difficult to claim compensation at a later stage. In some cases you may need to demonstrate that you have a permanent injury.
If you have some difficulty in reporting the injury please contact ISN and we may be able to assist you further.
b) Medical Certificates:
You are required to provide a workcover medical certificate for all periods off work including at the time you lodge a claim form with the insurer.
Download a copy of the workcover medical certificate here.
The insurer is not required to pay you weekly payments if you are entitled to them if you do not provide a workcover medical certificate. When the review date for the certificate is due, you should ensure your appointment with your GP is days before the review to ensure you are always covered by a current certificate.
The workcover medical certificate will also advise the insurer as to any treatment plans and referral for treatment.
As part of their obligations under the legislation, the insurer has an obligation to arrange for rehabilitation when you are fit for suitable or light duties. Equally, you also have an obligation to comply with all reasonable rehabilitation organised for you. Failure to comply with rehabilitation could result in the insurer using that failure as an excuse to terminate or cease weekly payments.
You should always remember that you can choose your rehabilitation provider. If the rehabilitation provider organised by the insurer is either not helping or you do not like their approach, then you can nominate an alternative provider who will simply take over the case for you. If a rehabilitation provider has been recommended to you by someone then you can nominate them and the insurer should then agree to that provider.
Download Relevant FormsWorkers Injury Claim Form.pdf
Workcover Medical Certificate.pdf