Procedure Following A Claim For Workers Compensation.
The employer must give the claim form to the insurer within 5 working days and the insurer has 14 days to notify you that either:
- The claim is accepted;
- There is not enough information to make a decision and they need more time; or
- The claim is denied.
If the claim is accepted the employer must start paying you on the normal payday as long as any related incapacity continues and statutory expenses (medical, travel etc) can either be charged direct to the insurer or a reimbursement sought from the insurer.
If the claim is pended (they need more time) the insurers notice should notify the worker of the reasons why. If the insurer has still not accepted the claim 10 days after that notice legal advice should be sought immediately.
If the claim is denied the notice should state the reasons why. If the injured worker believes they are wrong or you do not understand the response legal advice should be sought immediately.
The injured worker does not have to agree with the insurer’s decision as to liability and should seek legal advice if they have any concerns.
The Act also requires the injured worker to comply with a variety of demands from the insurer/employer. Any letters from the insurer should be read carefully and the relevant sections of the Act should be read to gain an understanding of what is required or you could give us a call and we would be happy to run through it with you.
Once a Claim Has Been Accepted You Are Entitled To Receive Benefits Under The Act
- Weekly payments during any periods of total or partial incapacity.
- Payment of reasonable medical expenses, travel, some meals and accommodation.
- Workplace rehabilitation to assist in a return to work.
- Lump sum payments for any permanent impairment.
- Death benefits include financial assistance for spouse, children or stepchildren who were totally or partially dependent on the worker.
See our Workers Compensation Faq’s pages for more detailed information.
What Can You Do To Protect Yourself Now
While the information in these pages is relevant to your claim you could speak to a lawyer obligation free and at no cost instead of spending the next week looking around the web for more concise information.
It’s easy, you can call us on 08 6143 5200 or fill out an enquiry form here and we would be happy to discuss your claim, at no cost to you, over the phone or at your free appointment.
We guarantee that you will not have to pay for your consultation and if you are eligible for our No Win No Fee Solution* (as most work injuries are) we can continue to help you through the life of your claim without you having to pay for our legal advice out of your own pocket.
If you have already spoken to other lawyers about workers compensation and they haven’t been able to take on your claim please give us a call to see if we can help you.