Yes, WorkCover claims are confidential, but information relevant to your injury, claim, or return to work may be shared with authorised parties where permitted. Your personal and medical information is treated as sensitive data under Australian privacy law. This means your employer, their insurer, and other parties involved in your claim are legally obliged to protect it. However, some parties can access your claim where permitted by law or with your consent.
This blog goes over the confidentiality of workers compensation claims in Western Australia and who can see your information.
Who Can Access Your Workers Compensation History?
The Workers’ Compensation and Injury Management Act 2023 (the Act) regulates how workers compensation information can be used and disclosed in WA. Section 505 allows your claim information to be disclosed if it’s used in good faith and done while performing a function under this Act and a half dozen other laws. This could include official purposes connected with the Act or another law, complying with legal obligations, participating in legal proceedings, or following a court order. Additionally, disclosure is permitted if the injured employee gives consent or if the situation falls under any other circumstances defined by the regulation. Below are some examples of other parties that may have access to your workers compensation claim.
Current Employer
Your employer will know a claim has been made because you must lodge your WorkCover claim with them. They need to know the necessary details of your injury to facilitate your return-to-work plan and manage workplace health & safety. However, employers should not tell other employees the details of your claim or injury without your permission.Your Employer’s Insurer
Your employer will send your WorkCover claim to their workers compensation insurer. An insurer may need relevant medical records to decide whether to accept liability and manage the claim. When you lodge a claim, you have the option to permit the employer’s insurer to collect and use your personal information as long as it’s relevant to the injury and claim. This section is optional, but not giving this authority may impact the outcome of your claim as it limits the insurer’s investigation. However, you can withdraw this consent at a future date if you wish.
Doctors & Rehabilitation Providers
Doctors, specialists, and workplace rehabilitation providers may receive relevant information about your injury and claim where authorised. Part of your WorkCover claim includes a consent authority which authorises any doctor that treats you to discuss your medical condition with your employer and their insurer as long as it’s related to your claim. This section is also optional, but it’s recommended that you give this authority as it may help the outcome of your claim. You can also withdraw this consent at a future date if you wish.
Workcover WA
WorkCover WA is the government agency responsible for overseeing and regulating the Workers’ Compensation and Injury Management Scheme in Western Australia. This agency can access and handle claim data when performing its official duties, managing disputes, conciliation, and arbitration.Your Lawyer
You may choose to be represented by a lawyer (which is strongly recommended) to help you make a claim. They will need the relevant information for your claim so they can review your case. Communications between a lawyer and their client are confidential and generally legally privileged (there is a crime-fraud exception). The client is the only person who can waive this confidentiality.
Can Future Employers See Your WorkCover Claim?
No, prospective employers cannot view your past workers compensation history. Section 506 of the Act prevents disclosure of a job applicant’s workers compensation history during pre-employment screening. This should prevent employers from asking about past claims and prohibits anyone else from sharing this information during the hiring process. However, a future employer does have the right to know if you have an existing injury or medical condition that could prevent you from performing your job duties. If you’ve had a compensation claim in the past and are asked about any previous injuries or conditions, you may need to disclose some of these details to your prospective employer. It’s recommended that you answer honestly to ensure your future safety and compensation rights aren’t compromised.
Learn More: Can I Change Jobs While on Workers Compensation?
Need Help Making a WorkCover Claim?
Understanding who needs access to your claim information can help you protect your privacy while allowing your claim to be properly assessed and managed. If you have any questions regarding your WorkCover claim, it’s best to get legal advice from a qualified lawyer. A workers comp lawyer will ensure your rights are protected and guide you towards the best possible outcome.