1. Is there a time limit to report the injury?
Yes. Compensation is not payable unless notice of injury is given to the employer as soon as possible and before you voluntarily leave their employment.
That time limit will usually be extended if you have a reasonable cause for the delay but the insurer does not have to make provisional payments of compensation if the injury is not notified within 2 months.
2. How do I report the injury?
If your employer has a system for reporting injuries, you can follow their procedures.
Otherwise you should tell your employer the date or period of injury, the time of injury and describe your injury and how it happened. If you have a medical certificate, you can give it to your employer.
While there is no need for the report of injury to be in writing, you should keep a record of the date, time and person you reported the injury to.
If employer keeps a register of injuries, you should ensure details of your injury are recorded in the register.
3. Can I see my own doctor?
Yes and you should. You get to choose the doctor who will treat you and participate in the injury management process (your nominated treating doctor or NTD).
If your usual doctor does not see workers compensation patients, they may be able to recommend another doctor who will take on your claim.
4. Can my employer come with me to the doctor?
Medical consultations are confidential and you do not have to allow anyone in while you consult with your doctor.
Your employer can attend case conferences with you, your NTD and the insurer for the purpose of injury management, but these should occur after you have had your confidential medical consultation.
5. Do I need a medical certificate?
If you will require medical treatment or restrictions on your work, you will need to get a Workers Compensation Certificate of Capacity from your treating doctor.
You must have a certificate to cover all periods of your claim.
6. What happens after I report my injury?
Your employer must notify their insurer within 48 hours.
If you need medical treatment or time away from work, the insurer will set up an injury management plan and commence provisional payments of weekly payments and medical expenses within 7 days.
Provisional weekly payments can be made without acceptance of liability for up to 12 weeks and up to $10,000 of medical treatment.
The insurer will not make provisional payments in some circumstances including if the injury was reported more than 2 months after it occurred, the medical certificate does not contain a clear diagnosis of a work injury or the insurer is unable to contact you.
7. Do I have to give the insurer access to my medical records?
If you are receiving weekly payments, you must provide the insurer with an authority enabling them to access information regarding your medical condition and the treatment provided that is “relevant to the injury”.
This authority is found on the front page of your Workers Compensation Certificate of Capacity and on the Claim Form.
8. Do I need a claim form?
You will need to submit a claim form if the insurer does not commence provisional payments within 7 days, or if you are likely to need more than the provisional compensation payments.
9. What benefits are available?
Compensation may be payable for:
Reasonably necessary medical and related treatment expenses, including costs of travel to receive treatment.
Weekly payments of compensation for loss of wages.
Lump sum compensation for permanent impairment.
Domestic Assistance.
Personal property damaged during the accident, such as clothing or spectacles.
10. Do I need to see a lawyer?
If the insurer does not accept your claim or if you are going to be off work for more than 3 months, you should get legal advice from a lawyer who is an expert in workers compensation claims. An expert lawyer can assist you to deal with disputes, help you develop a strategy for dealing with your claim in the longer term, and advise you about other potential claims the insurer will not tell you about.
At Mortimer Fox Lawyers we specialise in workplace injuries. We have a Personal Injury Accredited Specialist and IRO Approved Legal Service Provider who can talk to you over the phone, by video conference or face-to-face.
Contact us for more information.
DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.
留言