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.