WorkSafe Tasmania

WorkSafe Tasmania

Safe and well every day

What to do with a workers compensation claim

If a worker has been injured at work, they are entitled to make a workers compensation claim. As an employer, your role in this process is outlined below.

Step 1: Report the incident

If the incident is notifiable, contact WorkSafe Tasmania:

  • 1300 366 322 (inside Tasmania) or
  • 03 6166 4600 (outside Tasmania)

Notify your workers compensation insurer of all claims or injuries within 3 days.

Step 2: Give your worker a notice of their right to make a claim

You must give your worker a Notice of Right to Make a Workers Compensation Claim form (PDF, 159.2 KB). You can download the Notice of right to make a workers compensation claim or you can get printed copies from your insurer.

You must give this form to your worker within 14 days of them telling you about their work-related injury. It provides notice to the worker that they have a right to make a claim for compensation for their injury.

Step 3: Make sure your worker has access to a Workers Compensation Claim Form

If your worker is making a claim, they need to access and complete a Workers Compensation Claim Form. This form has a worker section and a section for you the employer to complete.

Access a Workers Compensation Claim Form

If your worker asks you for a Workers Compensation Claim Form, you must help them access one. If the worker can’t access a printer, print the form for them. Printing can also be done at Libraries Tasmania for a small fee.

You must not prevent or hinder your worker from accessing a claim form or from making a workers compensation claim. This is an offence and you may be fined.

Step 4: Complete the Workers Compensation Claim Form and give it to your insurer

After your worker completes their section of the Workers Compensation Claim Form, they will forward it to you. They will also give you their completed Workers Compensation Certificate of Capacity (medical certificate). They can deliver it to you in person or by post it to you, or if you agree, by email. You should provide information to your workers about who they need to forward these two documents to and how. For example, an email address to send them to, or who they should deliver them to in person, or what address to post them to.

When you receive the Workers Compensation Claim Form and Workers Compensation Certificate of Capacity from your worker:

  • tell your workers compensation insurer. You must tell them about the claim within 3 working days
  • check the worker has completed all questions in the worker section of the Workers Compensation Claim Form
  • complete all questions in the employer section of the Workers Compensation Claim Form (pages 7-8)
  • send the completed Workers Compensation Claim Form and Workers Compensation Certificate of Capacity (medical certificate) to your insurer. You must do this within 5 working days of receiving these from the worker
  • provide a copy of the completed Workers Compensation Claim Form to the injured worker (after you have completed the employer section)
  • forward any invoices or receipts for medical or other treatment to your insurer when you receive them
  • keep records of any documents and correspondence including dates
  • contact your insurer if you have any concerns or believe further information is required to assess the claim
  • keep in contact with the worker (as appropriate) and provide them with the encouragement and support they need
  • start making wage payments to the worker. For more information on how to do this, see Next steps (below) or Making workers compensation payments.

Step 5: Notify your worker of the status of their claim

You must notify your worker in writing of the status of their claim within 28 working days.

If a decision has not been made whether to accept the claim or not, you must advise your worker of the reason for this, and the steps you are taking to decide. Contact your insurer to find out more information about this step.

At a minimum, you must either accept or dispute the claim within 84 days.

During this time (before a decision has been made to accept or not accept liability for your worker’s claim) you must pay wage payments to your worker that are supported by a Certificate of Capacity (medical certificate). Your worker is also entitled to the payment of medical and associated expenses that are reasonable and necessary up to a total of $5,000 during this time. If you have questions about this, speak to your insurer.

Next steps: You as the employer (or insurer acting on your behalf)

Once you have submitted the claim to your insurer, you must:

  • start making wage payments to the worker, covered by their Workers Compensation Certificate of Capacity (medical certificate) either:
    • on the first pay day after the claim was lodged, or if that is not possible, no later than 14 days after the claim was lodged, or
    • if the first pay day is more than 14 days after the claim was lodged, you must start making compensable wage payments on that day (see Making workers compensation payments).
  • pay any reasonable and necessary expenses incurred by the worker because of the injury, such as medical, rehabilitation and travel expenses
  • provide the worker with information about the responsibilities of other parties involved in the management of their claim and return to work: for example, injury management co-ordinator, workplace rehabilitation provider
  • notify your worker of the status of their claim (see Step 5 above)
  • keep the worker’s original position available for 12 months following a claim.

You should initiate contact between all parties: worker, insurer and treating doctor. This is to discuss the injury, treatment and return to work. This discussion should include providing the worker with suitable alternative duties within restrictions indicated on the Workers Compensation Certificate of Capacity (medical certificate).

You have the right to discuss the worker’s injury and return to work with their treating doctor provided the worker has signed the consent and authority to release their medical information in the claim form.

Resources

Notice of right to make a workers compensation claim form (PDF, 159.2 KB)

Access a Workers Compensation Claim Form

Workers Rehabilitation and Compensation Act 1988: Summary of the Act (PDF, 215.3 KB)

Workers Compensation Handbook: The Basics (PDF, 295.3 KB)

Managing the relationship with an injured or ill worker during return to work (PDF, 661.1 KB)

Guide to Workers Rehabilitation and Compensation in Tasmania (PDF, 598.0 KB)

Getting back to work after an injury

Where to next

Making workers compensation payments

Last updated: 29 January 2024
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