Frequently Asked Questions

Please note, the information provided here is intended as a guide only for claims under the Tasmanian Workers Rehabilitation and Compensation Scheme and is not to be used as legal advice. For further and more detailed information, specific legal advice or assistance about your matter, please contact us.

What happens when I make my claim for workers compensation?
Your employer has 84 days within which to either accept or dispute your claim. During this period of time, you are entitled to receive without prejudice weekly payments of compensation and the payment of medical expenses up to an amount of $5,000.

What happens if my claim is disputed?
Your matter will be referred to the Workers Rehabilitation and Compensation Tribunal for determination by a Commissioner. If your matter is disputed, you will receive formal notification in writing.

Do I have to talk to a factual investigator?
No, you do not have to speak to a factual investigator who has been engaged by your employer/insurer. Whether you give a factual statement is entirely a matter for you.

Do I have to attend an independent medical examination?
Yes, you do. Your employer/insurer is entitled to have you examined once every 3 months per specialist type. The circumstances of the examination, such as time, place and notice must be reasonable.

Can I see my own primary treating medical practitioner (GP)?
Yes. You are entitled to choose your own GP.

Can I change GP’s?
Yes, you can. If you decide to do so, you must:

• Advise your employer of the name of your GP; and
• Authorise the transfer of your medical records to your new GP

Is anyone else entitled to attend GP appointments with me?
No, not as a matter of right. It is entirely up to you as the injured worker whether you permit others to attend GP appointments with you.

Lodging a claim for Workers Compensation

Please note, the information provided here is intended as a guide only for claims under the Tasmanian Workers Rehabilitation and Compensation Scheme and is not to be used as legal advice. For further and more detailed information, specific legal advice or assistance about your matter, please contact us.

Notice
The first thing you must do if you are an injured worker is to give notice of your injury or possible injury. If you are in doubt about whether you have in fact been injured, or whether you will need medical treatment, it is best to err on the side of caution and give notice of your injury or possible injury to your employer. Giving notice as soon as practicable is very important.

To give notice, you must advise your employer of:

• what your injury is;
• the cause of your injury; and
• when it happened.

It is best to record this notice in writing.

Lodging the claim with your employer
If you need to seek medical treatment for your injury, or need time off work, you must visit your treating medical practitioner (GP). If the GP considers that you have suffered from a work related injury, he or she will issue you with a workers compensation medical certificate. You must lodge this certificate with your employer.

You also need to lodge a workers compensation claim form. You can obtain this from your employer. Once you have completed it, return it and lodge it with your employer.

Both the workers compensation medical certificate and claim form must be lodged with your employer in order for you to have completed your claim.

Time Limits
A claim for compensation must be lodged within 6 months of the occurrence of the injury (or death).

Returning to Work following a Workers Compensation Claim

Please note, the information provided here is intended as a guide only for claims under the Tasmanian Workers Rehabilitation and Compensation Scheme and is not to be used as legal advice. For further and more detailed information, specific legal advice or assistance about your matter, please contact us.

What happens when I am ready to return to work?
If you have had to take time off work as a result of an injury at work, the workers compensation system is designed to assist you in returning to work as soon as possible. Evidence shows that the sooner you are able to return to work, the better chance you have of a good outcome generally from the workers compensation process.

Ideally, the aim of the Tasmanian Workers Compensation system is to return you to your job, with your employer.

Your primary treating medical practitioner (GP) determines whether you are fit for work based on your medical condition.

Your Role
You should be an active participant in the return to work process.

It is important to assist your GP by identifying duties that you think you can do, even if they are less demanding than or different to your normal duties. A gradual return to work is better than no return to work for your long term health.

Be in contact with your employer about the progress of injury and work with them to identify jobs at work you think you can do within any restrictions that you have. Or, if this is not possible, work with your employer to try and modify tasks so that you can do some duties.

You should comply with medical restrictions placed on you by your GP.

Return to Work and Injury Management Plans
For injured workers who are likely to be incapacitated for 5 days or more, a Return to Work Plan must be completed, in order to assist your re-introduction into the workplace. A Return to Work Plan is a simple plan for co-ordinating and managing treatment, rehabilitation and return to work.

For injured workers who are likely to be incapacitated for more than 28 days, a more complex plan called an Injury Management Plan is developed.

Such plans should be developed, as far as possible, in consultation with:

• You, the injured worker
• Your employer
• Your GP
• Your insurer (or self insurer)
• Your workplace rehabilitation provider; and
• Your injury management co-ordinator
• Plans are to be regularly reviewed.

Workers Compensation Entitlements

Please note, the information provided here is intended as a guide only for claims under the Tasmanian Workers Rehabilitation and Compensation Scheme and is not to be used as legal advice. For further and more detailed information, specific legal advice or assistance about your matter, please contact us.

What are my entitlements if i have an accepted workers compensation claim?
The Workers Compensation Act provides for 3 different entitlements if you have an accepted claim:

• Weekly payments of compensation
• Reasonable medical expenses
• Lump sum payment for whole person impairment of 5% or more for physical injuries, or 10% or more for psychological injuries.

Common Law Rights
Additionally, if you have suffered your injury as a result of the negligence of someone else, you may have rights to damages at common law.
If the negligent party was your employer, under the current legislation, you must achieve at least a 20% whole person impairment before you have the right to sue for damages.
There are strict time limits which apply if you intend to sue for damages. We recommend that you seek legal advice as soon as possible to receive specific advice about this issue.

Disputed Claim – Section 81A Process

Please note, the information provided here is intended as a guide only for claims under the Tasmanian Workers Rehabilitation and Compensation Scheme and is not to be used as legal advice. For further and more detailed information, specific legal advice or assistance about your matter, please contact us.

Your employer has decided to dispute your workers compensation claim.

What does this mean?

When you made your claim your employer was required by law to start paying weekly payments (wages) as well as medical and associated costs referred to as “workers compensation” immediately.  Your employer then had 84 days to decide whether to accept your claim or dispute it.

As your employer has decided to dispute your claim, it is required within the 84 days to:

• Serve on you a written notice that it disputes liability to pay workers compensation benefits stating the reasons for doing so;
• Send the Tribunal a referral requesting a hearing to confirm the employer may dispute your claim;
• Provide the Tribunal with all evidence upon which it intends to rely at that hearing.

Notice of the hearing date

The notice of the hearing date and time is enclosed together with a copy of all relevant documents received by the Tribunal from your employer.

The hearing will be held by phone at the time stated on the notice of hearing.  You will be contacted on the phone number contained in your claim form unless you call the Tribunal to advise you wish to be called on a different number.  You may be represented at the hearing if you wish.

You will need to be available at the appointed time and be prepared to wait for a while to be called.  Sometimes there is a delay due to an earlier hearing running over time.

If you cannot be contacted at or after the time appointed for the hearing, the Tribunal may proceed without you.

IMPORTANT: This hearing is not a final hearing and the Tribunal only needs to be satisfied there is a reasonably arguable case.  This means that if the Tribunal finds there is a reasonably arguable case you are not prevented from pursuing your claim further.

What is a “reasonably arguable case”?

A “reasonably arguable case” is a legal test.  To determine whether your employer has a “reasonably arguable case” the Tribunal:

• Checks that the employer has made the referral properly, in time and with the required notice to you. You will need to let the Tribunal know if you dispute this.
• Focuses on the material provided by your employer about why your claim is disputed.
• Examines your employer’s case assuming the facts most favourable to your employer will ultimately be accepted. This assumption only applies for the purpose of this hearing.  If you dispute the history or events of your injury as presented by your employer the Tribunal usually will not determine whose version is correct at this hearing.  You can dispute your employer’s version at a later hearing if you need to.
• Considers the assumed history and facts and decides whether that could result in your claim being rejected at a final hearing.

You might need legal advice to understand how this process would apply to your case.

What happens at the hearing of your employer’s referral?

At the hearing, the Tribunal will determine whether your employer has a “reasonably arguable case” that it should not have to pay workers compensation benefits to you.

If the Tribunal decides that the employer does have a reasonably arguable case for disputing your claim, it will make an order stopping your workers compensation payments.

• The effect of the order is to suspend your entitlement to workers compensation payments. They will remain suspended if you decide not to take further action.
• You will not have to repay any workers compensation benefits received before the Tribunal confirms that your employer may dispute your claim (except in very limited circumstances).

If the Tribunal decides that the employer does not have a reasonably arguable case for disputing your claim, it will make an order that your workers compensation payments continue.

What happens next?

If the Tribunal decides that your employer has a “reasonably arguable case”, you can still take your claim for compensation further by asking the Tribunal to make a determination after a further hearing where all the evidence about your claim will be considered.

To take your claim further you have to file your own referral with the Tribunal.  The Tribunal can provide the referral form and give you information about the process.

You can consent

If, you accept that your employer has a “reasonably arguable case” to dispute your claim, you can consent without having to attend the hearing.  A consent form can be provided by your employer’s representative or you can ask the Tribunal to provide one.  By signing a consent, you are not agreeing with your employer’s case, you are only agreeing that at this stage the Tribunal will find a reasonably arguable case.  If you sign a consent, that does not stop you from pursing your claim by filing your own referral.

Further information

If you have any questions you can contact Worker Assist on (03) 6216 7677 or a lawyer.  The Tribunal is unable to provide any legal advice.