Workcover Claims

Notify your employer

The first step for a work-related injury is to notify the employer and insurer of that injury.

A worker must tell their employer as soon as possible after the injury happens that they have sustained an injury in the course of employment. A worker can notify their employer verbally or in writing.

The employer must keep a register of injuries in the workplace for the injured worker to complete. When an employer becomes aware of the work-related injury, they must notify the insurer within 48 hours.

If the employer does not notify the insurer, this notification can be made by the worker. Notification to the insurer of the injury can be by email or by phone.

If the employer does not tell the insurer about the injury, then the worker should ask the employer for the insurer’s name and details. If the employer will not give you the name of the worker’s compensation insurer, the worker can phone the SIRA Customer Service Centre on 13 10 50 to discuss their claim.

Give to your employer a Certificate of Capacity

At the same time of notifying the employer of the injury, a worker should provide to the employer (and the insurer) a Certificate of Capacity. This certificate is obtained from your general practitioner and outlines your fitness for work and what treatment a worker needs for their injury.

What happens next?

Once the insurer receives a notification of injury and the Certificate they must either:

• Start provisional weekly payments within 7 days; or
• “Reasonably excuse” paying provisional weekly payments on the basis that insufficient information has been provided about the injury and claim.

If the insurer “reasonably excuses” the claim, then the insurer has 21 days to make a decision as to whether they accept or decline liability from the date that a worker’s compensation claim form is completed and sent to the insurer.

Once provisional weekly payments/medical expenses have commenced, the insurer will then investigate the claim and decide as to whether they will formally accept the claim or decline liability.

If the insurer intends to decline liability for a claim, they must do so in accordance with Section 74 of the Workers Compensation Act. This requires the insurer to provide written notice of the reasons and evidence the insurance company relies upon to decline the claim.

If you need assistance with your claim, please do not hesitate to contact us as follows;

1. Complete our FREE case assessment form HERE
2. Email us at info@garlingandco.com.au
3. Give us a call on (02) 8518 1120 and talk to our specialised lawyers

Insurance companies and their employees won’t tell you everything you need to know to get all the compensation you’re entitled to. You need to fight back by arming yourself with all the knowledge you can. Read this 6-point guide which will help you understand your rights and entitlements under Workers’ Compensation legislation when making a successful claim for work injury compensation or damages.