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:
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 (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.
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.
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
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:
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.