*The contents in this blog relates to legislation in New South Wales.
If you have unfortunately injured yourself at work and don’t know what to do next, contact Turner freeman Lawyers where expert lawyers will give you free legal assistance from the start to the end of your workers compensation claim.
How to make a claim?
If you have sustained an injury at work, the first step you need to do is obtain medical assistance and/or first aid. This could be by calling an Ambulance or advising your employer, or attending a Medical Practitioner.
All employees, including deemed workers who have suffered an injury during the course of employment, are eligible to lodge a workers compensation claim.
You must first notify your employer of your injury. Your employer by law must document the injury by completing an Injury / incident report. If you are unable to verbally advise your employer of your injury, you should advise them in writing unless special circumstances apply.
An injured worker should attend a doctor in so that the doctor may diagnose the condition and provide a Work Cover Certificate of capacity. A work cover certificate of capacity, much like a medical certificate but only for work purposes, advises the insurer details about the worker, their employment, their role as well as crucial information to the injury such as the date of injury and condition the worker is suffering from. A WorkCover certificate of capacity also informs the employer and insurer details regarding incapacity and ongoing incapacity.
Notification of Injury
Once your employer becomes aware of your injury, they must make a notification with the insurer, icare within 48 hours.
Failure of the employer doing so, notification should be made by you or a representative, such as your doctor, union representative or even lawyer. At Turner Freeman Lawyers, our lawyers are able to sit down with you and assist you with this process.
Upon completion of the initial notification, the insurer must review the information and advise the worker their entitlements. The insurer has the following options:
- Commence provisional payments;
- Delay provisional weekly payments due to a reasonable excuse o or
- Determine liability.
Commencement of Provisional payments
Once an insurer has all the necessary documents in regards to your injury, it must start making provisional weekly payments for loss of income for up to 12 weeks.
The insurer is also able to cover up to $7,500 for any reasonable medical and treatment expenses related to your injury.
Delay in Provisional weekly payments
The insurer must send a letter to the workers within seven (7) days of receiving the initial claim notification and details as to why a person is being reasonably excusing and delaying your weekly payments.
The insurer may reasonably excuse you for the following reasons:
- The insurer has insufficient medical information to the medical diagnosis and t as per the WorkCover certificate of Capacity.
- The injured person is not a worker.
- The usurer cannot contact the workers.
- The worker does not agree to provide and release personal health details to the injury so that an insurer cannot determine workers compensation entitlements.
- The injury was not work related.
- The worker states they to do not require weekly payments.
- The injury was notified after two (2) months or more of the date of injury.
What if my claim is not lodged within the time limit?
You need to make a claim for workers compensation as soon as possible. After you have notified the insurer of your injury, call Turner Freeman lawyers who will provide you free legal assistance from the start to the end of your claim.
In accordance to the Compensation Act 1987 (NSW), a claim must be made within six months of a worker’s injury or accident (or within six months of a worker becoming aware of an injury). This time limit may be extended in certain circumstances.
In workers compensation claims, it’s important to seek expert legal advice as soon as possible from Turner Freeman Lawyers. Our experienced lawyers will review all your documents and ensure relevant information is lodged correctly.