Whether you are working permanently or casually, or as a full-time or a part-time employee, you are entitled to receive WorkCover if you suffer an injury at work. For this reason, knowing how to make a WorkCover claim is important so you can follow the appropriate steps and receive the compensation you are entitled to.
WorkCover is a scheme in Australia that enables employees to make a claim for compensation if they are injured at work. The process can vary from state to s
tate, therefore we will be outlining how to make WorkCover claims in New South Wales (NSW). If you require assistance with this, our workers compensation lawyers are here to help.
Types of injuries
There are a number of injuries that can occur in the workplace. The most common ones include:
- Slips and falls
- Repetitive stress injuries
- Mental/psychological stress-related injuries
- Vehicle related accidents
- Being hit by falling objects
- Asbestos compensation claims
- Eye injury compensation claims
- Stress-related workers’ compensation
- Head injury compensation claim
- RSI compensation claim
How to claim WorkCover
If you are based in NSW, then the following guidelines can help you make a work compensation claim and receive WorkCover.
Register of Injuries
When you are injured at work, you should first seek medical attention and report to your employer about the injury at the earliest convenience. The injury should be recorded or entered into the employer’s “Register of Injuries”.
According to Section 256 of the Workplace Injury Management and Workers Compensation Act 1998, all employers are required to keep a register of injuries in the workplace that can easily be accessed by all. Section 45 of the Workers Compensation Regulation 2010 sets out the details which should be included in the Register of Injuries and these are:
- Your name, age and address
- Your age at the time of injury
- Your occupation at the time of injury
- The industry you were engaged at the time of injury
- The time and date of your injury
- The nature of your injury
- The cause of the injury
Whether a worker claims for an injury or not, it is mandatory to record all injuries in the Register to keep track of all workplace safety incidents.
You should also provide a completed WorkCover Certificate (WC Certificate) of Capacity, along with the relevant bills towards expenses to your employer in order to receive weekly WorkCover payments. The WC Certificate can be obtained from your nominated treating doctor.
The insurer should be notified about your injury within 48 hours of receiving the injury. Once the insurer is notified about your injury, the insurer is required to do the following:
- Contact you, your employer and also your nominated treating doctor, if required;
- Commence provisional liability payments within seven days from the receipt of notification of your injury; or
- Notify you within 7 days of receiving notification of the injury that the insurer has a reasonable ground not to commence provisional liability payments.
Learn more: superannuation insurance
Provisional liability payments
You will be entitled to receive provisional liability payments for a maximum period of 12 weeks and medical expenses reimbursement up to $7,500 if your claim is accepted. It is important to mention here that your provisional liability payments may not commence due to:
- Insufficient medical information
- You are not able to establish your status as a worker
- The insurer is not able to contact you
- The injury is not related to your work
- You refuse to release required and relevant information
- Your failure to notify the employer within 2 months from the date of your injury
- The injury is not significant
Time limits for making a WorkCover claim
As with most legal claims, part of knowing how to make a WorkCover claim is being aware of the personal injury claim time limits. You should make a claim for work injury compensation within 6 months from the date of your work related injury or accident.
You can also make a claim after the expiry of the specified 6 months period in the event such failure is due to ignorance, mistake or absence from the state where you have made the claim for workers’ compensation. A claim for injuries resulting in death or serious permanent impairment may be made within three years from the date of the injury.
If you have more questions about WorkCover claims or what compensation payments you’re entitled to, please contact our experts at Owen Hodge Lawyers for advice and guidance. Our workplace lawyers and personal injury lawyers have the WorkCover claims expertise to ensure you receive the compensation you deserve.
Frequently asked questions
Injured workers may be able to claim compensation for:
- Medical expenses
- Loss of current and future income
- Out of pocket expenses
- At home care costs
- Medical and rehabilitation expenses
An employer can dispute a worker’s compensation claim if they believe that the employee hasn’t sustained serious injuries requiring medical treatment. An employer can also make a dispute regarding your injury management that you may not agree with.