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I got injured at work

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1. Benefits and support available under WorkSafe

If you get injured at work, WorkSafe in your state can help you with medical and legal costs associated with your injury. You have the right to be represented, assisted and supported after your injury, with a chance to get back to work without losing employment.

If your WorkSafe claim is successful, you may be entitled to:

  • reasonable costs for medical and like services
  • weekly payments if you lose income or require time off work
  • a lump sum payment if you have a permanent impairment
  • sue for damages at common law
If you have an incapacity for work your employer must:
  • appoint a return to work co-ordinator to help you with your recovery
  • make information about return to work available and plan the return to work
  • provide suitable or pre-injury employment - they cannot fire you because of your injury
  • consult with you, your treating health practitioner and occupational rehabilitation provider.

2. Seek medical treatment

The most important thing to do if you have a work-related injury or illness is seek appropriate medical treatment from a provider of your choice.

Get a WorkCover Certificate of Capacity for your injury if:

  • you require time off work and/or
  • your doctor believes that you require a reduction in your hours
  • change in duties

Gap payments

Note that if your claim is accepted, WorkSafe can pay the reasonable costs of medical and like expenses. However, this may not mean payment of the full costs. In some cases there may be a gap between what the provider charges you and what WorkSafe can pay as reasonable costs. You will have to pay for the cost of medical treatment that is not covered by WorkSafe.

3. Tell your employer

You (or someone on your behalf) must notify your employer in writing of any work-related injury or illness as soon as possible.

You or your employer must record the details of your injury in the Register of Injuries at your workplace.

You need to ensure that your injury is reported within 30 days otherwise you may not be entitled to compensation.

If you have difficulty giving this claim to your employer, or your employer refuses to take receipt of the claim form, you can send it directly to the agent or WorkSafe if the agent is not known

4. Fill in and lodge a Claim Form with your employer or WorkSafe agent

To claim entitlements for a work-related injury or illness you must complete a WorkSafe Victoria (WorkSafe) approved Claim Form as soon as possible and give it to your employer. You can download a Worker’s Injury Claim Form from the WorkSafe website or from Post Offices, WorkSafe branches or your employer’s WorkSafe Agent.

If you have an incapacity for work you must also obtain a Certificate of Capacity from a medical practitioner. Your employer can’t refuse your claim, and can’t dismiss you for making one.

If your claim is for weekly payments, your employer is required to forward these documents to your WorkSafe Agent within 10 days of receiving them. The Agent then has up to 28 days to accept or reject your claim.

Disagreeing with a Claim Decision

If you disagree with a decision relating to your claim, your employer, union, WorkCover Assist or Union Assist may be able to help. You must submit a Request for Conciliation Form to Union Assist or WorkCover Assist, along with a copy of the insurer's letter declining your claim.

You can also contact the Accident Compensation Conciliation Service on freecall 1800 635 960 or (03) 9940 1111 or conciliation.vic.gov.au

WorkSafe Claim Form

5. Investigations

Once the insurer has received the documents from your employer they will review them and make a decision. Sometimes when making a decision they may require further information. This may include:

  • Independent Medical Examination – you must attend any doctor's appointments arranged by the insurer
  • Circumstance Investigation – a WorkSafe investigator visits you to talk about your case
  • Report from your doctor

Circumstance Investigators

Union Assist suggests that you do not talk with a Worksafe investigator as you are not legally required to. If approached, call your union or Union Assist first.

Information

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Malaysian Progressives in Australia (MPOZ) is a movement of young Malaysians in Australia who strive for open dialogue of political reform in Malaysia