Article Category - Compensation Law By Angus Edwards 22 October 2020

If you have been injured at work it can be a stressful and difficult time. The impact of not being able to earn a wage because you have been hurt can have a significant impact on you and your family. 

In this article, we cover the things you need to do to make sure your claim is properly made and ensure compensation is paid to you as soon as possible:

  1. The first step if you are injured at work or in the course of your employment is to seek first aid and any further medical treatment if needed.  You must notify your employer of the injury as soon as possible.  The notice can be in writing or verbally and will be included in your employer's register of injuries. 
  2. The employer will then notify the insurer of the incident and are required to do so within 48 hours.  You can also make the notification and the employer is obliged to advise the name of their insurer if you ask for it.  This initial notification is the trigger for the Workers Compensation claims process, and you will normally be contacted by the insurer very soon.
  3. The insurer is required to start making provisional payments to you within 7 days. These will include weekly payments for wage loss unless there is a reasonable excuse.  It is important to obtain a Certificate of Capacity from your treating doctor, detailing your capacity for work, including hours and types of activities you can and cannot do; the medical treatment you need, referral to rehabilitation, and timeframe or delays in recovery expected.  Without a current certificate, you are not able to receive weekly payments or medical treatment.

(Pictured: Angus Edwards and April Unsworth) 

In some circumstances, the insurer can decline to make provisional payments, based upon a reasonable excuse.  Reasons not to make payments include lack of medical information, inability to contact you, the injury is not work-related or that there was no notification within 2 months of the date of injury.

If the insurer alleges that one of these situations applies they must provide written notice to you within 7 days, and include all documents they have used to base their decision.

If you have been injured at work and need advice about your rights and entitlements, please call our experienced compensation team in Bathurst, Lithgow, or Oberon on 1800 650 656. We're here to help!

Angus Edwards | Principal