Changes to Tasmania's workers compensation laws came into effect 1 January 2018. Read how these effect you.
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 medical certificate from your doctor.
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 inform you of your right to make a workers compensation claim and 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:
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. If a decision has not been made within 28 days to accept your claim, you will be advised of the reasons why the decision has not been made, and what steps employer/insurer is taking to enable them to make a decision.
A decision must be made within 84 days of lodging your claim.
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 workers compensation medical certificates and invoices to your employer while your injury is ongoing. Your doctor must not provide a certificate of total incapacity for more than 28 days unless they note a reason on the certificate and nominate a date they intend to review your capacity.
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
- made using the claim form for dependents of deceased workers (available on the WorkCover website in 2018)
- delivered to the employer (or a person designated by the employer)
Claim Form for Dependents of Deceased Workers
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:
- 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
- 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.
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.
Your employer must:
- pay an account within 28 days of receiving it or advise you in writing why it will not be paid
- notify the person who generated the account of why it will not be paid
If you disagree with your employer's decision, you can make a referral to the Workers Compensation Tribunal.
Annual leave accrual
The question of whether a worker continues to accrue leave while they are not working and are receiving workers compensation benefits is a complex one, and the answer has historically differed depending on the state or territory they work in.
The Tasmanian Workers Rehabilitation and Compensation Act 1988 does not deal with the accrual of leave.
Workers with questions about their personal circumstances are encouraged to check the conditions of their award or agreement, and then contact their employer and/or the Fair Work Ombudsman: call 13 13 94 or go to its website.
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 free information, assistance and advice about workers compensation, return to work and rehabilitation after a workplace injury.
- Call 1300 027 747 or
- Email workerassist@workerassist.org.au
