How to make a workers compensation claim as a worker

If you have been injured at work, there are steps you should take to make a workers compensation claim.

Step 1: Report the injury to your employer

Tell your employer about your injury/illness as soon as possible after it occurs. You can do this in person, in writing or by email.

Step 2: Your right to make a workers compensation claim

Your employer must inform you of your right to make a workers compensation claim and give you a Notice of Right to Make a Workers Compensation Claim form (PDF, 159.2 KB) within 14 days of you telling them about your injury. If your employer doesn’t do this, you can still make a workers compensation claim by following the steps below.

Step 3: Seek treatment and get a Workers Compensation Certificate of Capacity (medical certificate)

As soon as you have suffered a workplace injury/illness, seek medical treatment for your injury/illness and get a signed Workers Compensation Certificate of Capacity (medical certificate) from your treating doctor.

You have the right to select your own treating doctor (for example, your usual GP).

Step 4: Access and complete a Workers Compensation Claim Form

To make a claim, you need to access and complete a Workers Compensation Claim Form. The form includes instructions to help you complete it. It has a worker section for you to complete and a section for your employer to complete.

You can either:

download the Workers Compensation Claim Form or
ask your employer to help you access a Workers Compensation Claim Form.

Your employer must not prevent or hinder you from accessing a Workers Compensation Claim Form or from making a workers compensation claim.

You should usually complete a Workers Compensation Claim Form and provide it to your employer within 6 months of the date of your injury. Or if you decide to leave your employment, you must do this before you leave. For more information about time limits for making a claim (especially for illness and industrial deafness), see the Workers Compensation Handbook: The Basics (PDF, 295.3 KB).

Step 5: Submit the completed claim form and certificate of capacity to your employer

After you complete the worker section of the Workers Compensation Claim Form, you need to give it to your employer. You must also give your employer your completed Workers Compensation Certificate of Capacity (medical certificate), signed by your treating doctor.

Find out who you need to forward these two documents to at your employer, and how. For example, find out who you should deliver them to in person, or what address to post them to, or if the employer agrees, which email address to send them to. If in doubt, post both documents to your employer’s usual business address.

The processing of your claim can start once you submit both the completed Workers Compensation Claim Form and Workers Compensation Certificate of Capacity (medical certificate) to your employer.

Keep a record of your submitted claim form and certificate, and any other relevant paperwork and correspondence.

What happens next

Your employer and the insurer’s role

When your employer receives your completed Workers Compensation Claim Form and Workers Compensation Certificate of Capacity (medical certificate), they must:

tell their insurer within 3 working days that they have received your claim and send the form and certificate to their insurer within 5 working days
start making wage payments to you, covered by your Workers Compensation Certificate of Capacity (medical certificate) either:
- on the next pay day after the claim is lodged, or if that is not possible, no later than 14 days after they receive the claim, or
- if your pay day is more than 14 days after you lodge your claim, they must commence wage payments on that pay day
pay any reasonable and necessary expenses incurred by you because of the injury such as medical, rehabilitation and travel expenses.

The employer/insurer must notify you in writing within 28 days whether a decision has been made to accept or not accept liability for the claim. If a decision hasn’t been made within 28 days to accept your claim, you will be advised of the reasons why, and what steps the employer/insurer is taking to enable them to decide. A decision must be made within 84 days of lodging your claim.

During this time (before a decision has been made to accept or not accept liability for the claim) your employer must pay wage payments to you that are supported by your Workers Compensation Certificate of Capacity (medical certificate). Your employer must also pay for medical and other reasonable expenses during this time. If you have any concerns about this, speak to your employer or the insurer.

The insurer will give you and your employer information about your rights, roles and responsibilities during the workers compensation process.

Your role

Once you have submitted your claim:

send any ongoing Workers Compensation Certificates of Capacity (medical certificates) and invoices for medical or other treatment to your employer as soon as you receive them
keep in contact with your employer
advise your employer and/or their insurer if your circumstances change (such as if you start working for another organisation or change your contact details)
notify your employer if you change your primary treating doctor and authorise your new doctor to obtain all relevant records from your previous doctor, using the Authority and consent for release of medical records form (PDF, 80.5 KB).

Making a claim for a deceased family member

If a workers has died from a work-related injury or disease, their dependants may be entitled to compensation. For more information see How to make a claim as a dependant or family member (deceased worker).