Making a workers compensation claim
Seek treatment and get a workers compensation medical certificate from your doctor.
Tell your employer about your injury/illness as soon as possible. This can be done
- by email or
- in writing.
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 within 14 days of you telling them about your injury (step 2).
Your employer must then tell their insurer within 3 working days about your injury.
If you wish to make a claim, ask your employer for a workers compensation claim form:
If you ask for this form, your employer must give you one and must not obstruct you.
You should usually do this within 6 months of the date of your injury. If you decide to leave your employment, you must do this before you leave.
More information about time limits on making claims (especially for illness and industrial deafness) can be found in the publication below.
Complete the claim form and give it to your employer, along with your workers compensation medical certificate.
You can do this in person, or by post.
What happens next
Your employer must tell their insurer within 3 working days that they have received your claim and forward it within 5 working days.
To see what your employer must do for payments, see Making payments and expenses.
The insurer will tell you and the employer they have received the claim within 28 days. If a decision has not been made within 28 days to accept your claim, you will be advised of the reasons why the decision has not been made, and what steps employer/insurer is taking to enable them to make a decision.
A decision must be made within 84 days of lodging your claim.
They will also supply both of you with information about your rights, roles and responsibilities during the compensation process.
Make sure you continue to promptly supply workers compensation medical certificates and invoices to your employer while your injury is ongoing. Your doctor must not provide a certificate of total incapacity for more than 28 days unless they note a reason on the certificate and nominate a date they intend to review your capacity.
Claiming for a deceased family member
If a worker has died from a work-related injury or disease, their dependants may be entitled to compensation. A claim by a dependant must be:
- made within 6 months of the date of the deceased worker's death
- made using the claim form for dependents of deceased workers (available on the WorkCover website in 2018)
- delivered to the employer (or a person designated by the employer)
Changing your doctor
If you have changed your primary treating Doctor, you are required to:
- notify your employer of the name of your new medical practitioner
- authorise your new medical practitioner to obtain all records relating to your workplace injury from your previous medical practitioner
You will need to complete the form Authority and consent for release of medical records which you can download from the Guides and forms listing or you can use one supplied by your employer's insurer.