Workers

Overview

A worker may be entitled to compensation for:

  • weekly payments while incapacitated for work
  • medical and other expenses
  • rehabilitation expenses
  • permanent impairment

In some circumstances, a worker may also be able to make a common law damages claim.

Making a workers compensation claim

Step 1

Seek treatment and get a workers compensation certificate from your doctor.

Your doctor must be accredited by the WorkCover Tasmania Board to issue these certificates if they reside or provide a medical service in this Tasmania.

Search for an accredited provider.

Step 2

Tell your employer about your injury/illness as soon as possible. This can be done

  • verbally
  • by email or
  • in writing.

Step 3

Your employer must give you a Notice of Right to Make a Workers Compensation Claim form within 14 days of you telling them about your injury (step 2).

Your employer must then tell their insurer within 3 working days about your injury.

Step 4

If you wish to make a claim, ask your employer for a workers compensation claim form:

Image of workers compensation claims form

If you ask for this form, your employer must give you one and must not obstruct you.

You should usually do this within 6 months of the date of your injury. If you decide to leave your employment, you must do this before you leave.

More information about time limits on making claims (especially for illness and industrial deafness) can be found in the publication below.

Step 5

Complete the claim form and give it to your employer, along with your workers compensation medical certificate.

You can do this in person, or by post.

What happens next

Your employer must tell their insurer within 3 working days that they have received your claim and forward it within 5 working days.

To see what your employer must do for payments, see Making payments and expenses.

The insurer will tell you and the employer they have received the claim within 28 days. They will also supply both of you with information about your rights, roles and responsibilities during the compensation process.

Make sure you continue to promptly supply medical certificates and invoices to your employer while your injury is ongoing.

Claiming for a deceased family member

If a worker has died from a work-related injury or disease, their dependants may be entitled to compensation. A claim by a dependant must be:

  • made within 6 months of the date of the deceased worker's death
  • accompanied by a certificate signed by a medical practitioner certifying the date of death
  • delivered to the employer (or a person designated by the employer)

Changing your doctor

If you have changed your primary treating Doctor, you are required to:

  • notify your employer of the name of your new medical practitioner
  • authorise your new medical practitioner to obtain all records relating to your workplace injury from your previous medical practitioner

You will need to complete the form Authority and consent for release of medical records which you can download from the Guides and forms listing or you can use one supplied by your employer's insurer.

Compensation payments & expenses

Payments

Once your employer receives your claim for compensation, they must start making weekly payments of compensation if you have been certified as totally or partially incapacitated for work. There are 2 options for this:

  1. where the worker's first pay day is within 14 days of lodging their claim, weekly payments must start on this pay day (if it is not reasonably practicable to do this, payment must be made no later than 14 days after the employer received the claim), or
  2. where the worker's first pay day is more than 14 days after lodging their claim, weekly payments must start on this pay day (this usually happens where workers are paid monthly).

They must also start paying for medical and associated expenses up to $5,000, unless they think the claimed expenses are unreasonable or unnecessary.

These payments are to start regardless of whether the employer disputes liability for your claim.

Leave

You are entitled to any leave that accrues while you are receiving weekly compensation payments, including sick leave, annual leave and long service leave.

Medical expenses

Your employer is liable for the cost of all reasonable expenses you necessarily incur for:

  • medical services
  • hospital services
  • household services, for the proper running and maintenance of your home (such as cleaning, laundry and gardening)
  • nursing services
  • constant attendant services, including the constant or regular personal attendance on you provided by someone who is not a member of your family (for example, to shower, dress or feed you)
  • rehabilitation services
  • ambulance services.

Travelling

Your employer is also liable to pay reasonable expenses for you to travel to any medical, hospital or rehabilitation service or to attend any medical examination organised by your employer.

The amount payable for using a private vehicle is calculated with the occasional user rates set out in the Tasmanian State Service Award under Public Sector Awards.

Medical accounts

When you receive an account for a medical or other expense, forward this to your employer within 7 days.

Once they receive the account, your employer must forward it to their insurer within 7 days.

Help with workers compensation

For assistance with workers compensation and support.

Helpline

Our Helpline inspectors are your first point of contact when you call WorkSafe Tasmania. They can answer your questions about workers compensation, or refer you to other sources of information, such as the Worker Assist service.

  • Call 1300 366 322 (within Tasmania) or
  • (03) 6166 4600 (outside Tasmania)

Worker Assist

Worker Assist provides the free information, assistance and advice in workers compensation and return to work and rehabilitation following a workplace injury.

Guidance

Workers compensation guides