What happens if you are injured at work?

Workers Compensation

From Time to time members get injured at work or as a result of work activity.

The Workers Rehabilitation and Compensation Act in Tasmania gives the right to people who are injured at work to claim compensation for the injury sustained and wages lost as a result of such injuries.

It also covers aggravation or re-occurrence of previous injuries if they re-occur or are aggravated as a result of the type of work performed.

If you are injured at work, then you should lodge a Workers Compensation Claim with your employer and contact the TCEEA immediately. You will be referred to our lawyers if necessary.

What to do if you get injured at work

If you are injured at work you must notify your employer of the injury as soon as practicable. This can be done in writing by filling out an accident/incident report form or it can be done verbally with the documentation to follow.

The person you should notify in the first instant is usually your immediate supervisor.

You should report all incidents/accidents even if there was no injury so as the employer can be aware of a possible injury or that you may have an injury that you don't know about at the time. It does not matter how small the injury is (eg stubbing your big toe or sticking your finger with a needle) you should report it. These types of incidents may lead to complications in the future.

All worksites should have available accident/incident report forms which are accessible by all members.

How to make a Workers Compensation Claim

You will need to obtain a Workers Compensation Claim Form from your employer and fill it out.

You have six months from the date of your injury/accident to make your claim. However the longer you take to make the claim the more likely it is that the employer will dispute the claim. TCEEA advises that you should make the claim as soon as practicable after the injury/accident.

If you are claiming for an injury which as required you to have time off from your employment then you will need to have a Workers Compensation medical Certificate issued by your treating doctor. This certificate should be attached to the Workers Compensation Claim Form. You are not considered to have made a claim until the employer has both these documents.

When filling out your Workers Compensation Claim Form there is a question that asks what happened? If there is not enough room to write what happened then write "See attached document". You should provide all the relevant information giving as much detail as possible with dates, times, witnesses, how and what happened etc.

All accounts for payment associated with the Workers Compensation Claim, doctors, physiotherapist, medication etc should also be given to the employer for payment.

You can mail, hand deliver or have someone take the Workers Compensation Claim Form, Workers Compensation Medical Certificate and any other attached documents to your employer.

Workers Compensation Medical Certificates must be supplied to the employer as soon as they are issued to the injured worker. You have 14 days in which to do this. However to avoid having your claim disputed by not having your Workers Compensation medical Certificate in on time the TCEEA recommends that you have them to your employer as soon as they are issued.

What happens if your claim is accepted?

Members who make a claim for Workers Compensation will be paid from the time of the claim being made. This does not mean that your claim has been accepted or disputed at his stage.

If your Workers Compensation Claim is accepted the employer will notify the member that the claim is accepted. This is usually done in writing, This notification may come from the employer's insurer.

What to do if your claim is disputed

You will be notified in writing that your claim is being disputed. This may come from your employers insurer.

If your claim is to be disputed then the employer must state what the reasons for the dispute are and they must be genuine.

Some of the reasons for disputing claims are as follows:

• Failure to notify the employer as soon as practicable.

• The employer believes that there is a non work related cause.

• Failure of the worker to provide Workers Compensation Medical Certificates.

• Failure to follow a Return to Work Program.

The employer must also refer the dispute to the Workers Rehabilitation and Compensation Tribunal for hearing.

The employer must do this within 28 days of receiving the Workers Compensation Claim. If this happens to you contact the TCEEA for further advice as soon as you receive the notice.

How am I paid when on workers Compensation?

The payments that an injured member receives as a result of making a claim are called Weekly Benefits. These payments are in replace of the wages that the member would normally receive.

The payment is calculated on the averaging of the previous earnings in the last 12 months or the weeks earnings immediately prior to the injury. The member will be paid whichever is the greater amount.

The payments for Workers Compensation are paid as follows:

• 100% of the weekly payment from weeks 1 to 13

• 85% of the weekly payment from weeks 14 to 78

• 80% of the weekly payment from weeks 79 up until the end of the nine (9).

Workers Compensation Medical Certificates must be provided for all time off.

Returning to Work

All employers who employ more than 20 employees are required to have a Rehabilitation Policy which should be displayed in the workplace.

If you are incapacitated for a period that exceeds 14 days from the date of injury then the employer has to provide you with a Return to Work Plan.

This will involve the employer providing the injured member with a Rehabilitation Provider who, along with the injured member, will talk to the treating doctor/s to establish a Return to Work Plan. This may include modified duties or even retraining for other duties.

The purpose for a Return to Work Plan is to try to assist the member with their return to work. It is clear that if a member spends too much time away from the workplace then it is less likely that they will be able to return to work.

Members should comply with any Return to Work Plan that is prepared for you but if you have any concerns regarding the Return to Work Plan then these should be raised at the time of formation of the plan. You will be asked to sign the Return to Work Plan.

Contact Details
Tasmanian Catholic Education Employees Association
Ph:  (03) 6234 9970
Fax: (03) 6234 9505
Email: angbriant@tassie.net.au

© 2005 Tasmanian Catholic Education Employees' Association
379 Elizabeth Street, North Hobart
Tel. (03) 6234 9970 Fax: (03) 6234 9505
Last Modified: Friday, 22-Sep-2006 13:31:49 EST
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