Once you have notified your Employer of a work injury you can lodge a worker's injury claim form.
A claim must be made within 6 months of the injury or accident or within 6 months of you becoming aware of the injury. There are certain circumstances in which the time limit can be extended. The claim form can be downloaded from the State Insurance Regulatory Authority (SIRA) website.
Copies of your recent payslips and/or record of earnings should be submitted with the claim form together with a Certificate of Capacity which has been completed by your Doctor or Specialist.
The claim form, together with any supporting evidence should be submitted to your Employer who will forward the claim and further information to the insurer within 7 days of receiving it.
The insurer is required to accept or deny liability for the claim, and notify you and the employer of the decision. For example, in claims for weekly payments of compensation the insurer has 21 days of receiving your claim to provide their decision as to liability unless they have commenced provisional payments within seven days of receiving your claim or they have notified you that there is a reasonable excuse for not commencing provisional payments. Time frames may vary for the insurer’s decision and notification to you, depending on the circumstances and the nature of the claim.
GETTING LEGAL ADVICE IS IMPORTANT
The Workers' Compensation Legislation can be complex and difficult for workers to understand what they are entitled to. It is important that you get expert legal advice to make sure you know what you are entitled to claim. Legal advice will also help you understand your responsibilities, the employer's responsibilities and insurer's responsibilities in relation to returning to work following an injury.
If you have been injured at work and need advice about your rights and entitlements, please call one of our experienced compensation team in Bathurst, Lithgow or Oberon on 1800 650 656. We're here to help
Angus Edwards | Principal