What is Workers Compensation?
Workers compensation is a statutory, no-fault system of compensation for work-related injuries. Workers compensation is payable under the Workers Rehabilitation and Compensation Act 1988 (the Act) and available to an employee who suffers a disease or injury arising out of the course of their employment.
The definition of injury includes both physical and psychological ailments such as work-related stress.
If you have suffered an injury at work or have contracted a disease and your employment has contributed to a substantial degree you may be eligible for workers compensation. If you are considering making a claim or if you have been to your doctor and have a Workers Compensation Medical certificate, you should contact your Union and we will provide prudent advice and assist you in the process.
What support will I receive if I make a successful claim?
There are two main purposes of the Act:
- To enable an employee who has been sick or injured at work to return to work as early and safely as possible.
- To enable an injured or sick worker to be compensated for lost wages, medical and other expenses while they are unable to return to work.
- Furthermore, dependants of a deceased worker can be compensated for the loss of the primary income earner.
- A worker may be entitled to compensation for the following:
- Weekly payments while unable to return to work
- Medical expenses
- Rehabilitation expenses
- Permanent impairment
How do I make a claim?
If you become ill at work or are injured, you must lodge a claim for workers compensation as soon as practicable after the illness develops or the injury occurs. The Act requires that a claim is made within 6 months of the date of injury and or death. In relation to an illness the worker must notify the employer within 6 months of the day the worker first becomes incapacitated by the disease or the day a medical practitioner certifies that the worker was first incapacitated.
What do I need to do?
- Fill out an accident/incident report form.
- Report the injury or illness to your ‘line manager’ immediately, not the next day.
- Visit a medical practitioner and ask for a workers compensation medical certificate (Form 2) which is a specially printed form held by General Practitioners.
- Obtain a workers compensation claim form (Form 1) from your workplace and take care to complete it fully and accurately. Your Union will assist with this if requested.
- Submit the claim form and workers compensation medical certificate (from your doctor) to your employer – not to the Bursar, the Principal or school Office Attendants.
- Send them directly to:
- Teresa Berry, Injury Management Unit, Department of Education, Letitia House, Olinda Grove MT NELSON TAS 7007, Fax: 6233 7282, further details can be obtained by phoning them on PH: 6165 6267.
What if my Claim is disputed?
Not every injury/ illness is covered by workers compensation, there are exemptions and your Union can provide you advice and information regarding these circumstances.
If your claim for workers compensation is disputed you will be formally notified and you will be advised of the reasons.
In the case of dispute, matters will be referred to the Workers Rehabilitation and Compensation Tribunal, which is an independent statutory tribunal established under the Act. The primary responsibility of the Tribunal is to determine disputes. If the parties cannot reach agreement through conciliation, the Tribunal will determine the dispute through arbitration hearings.
If you have not already done so, contact your Union to discuss your options.