Whether you are working as a permanent or casual, or a full time or a part time employee, you are entitled to receive WorkCover in case you suffer an injury at work. A Work Cover is a scheme whereby a claim for compensation can be made by a worker sustaining an injury during the course of employment.

Steps to Claim for WorkCover

If you are based in New South Wales (NSW), then the following guidelines can help you in making a claim and receiving WorkCover:

When you sustain an injury at your workplace, you should first seek medical attention and report your employer about the injury at the earliest.

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 work place 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; and

the cause of the injury.

Whether a worker claims for an injury or not, it is mandatory to record all injuries in the Register.

You should provide a completed WorkCover Certificate (WC Certificate) of Capacity along with the relevant bills towards expenses to your employer in order to obtain weekly payments. The WC Certificate can be obtained from your nominated treating doctor.

Thereafter 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 as follows:

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.

You will be entitled to receive provisional liability payments for a maximum period of 12 weeks and medical expenses imbursement up to $7,500. It is pertinent to mention here that your provisional liability payments may not commence due to:

insufficient medical information; or

you are not able to establish your status as a worker; or

the insurer is not able to contact you; or

the injury is not related to your work; or

you refuse to release required and relevant information; or

your failure to notify the employer within 2 months from the date of your injury; or

the injury is not significant.

Time Limits for Making a Claim

You should make a WorkCover claim within 6 months from the date of your 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.

Feel free to contact our experts at Owen Hodge Lawyers for advice and guidance.

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