Introduction
The Workers Compensation Act 1951 (the Act) aims to provide timely, safe and durable return to work through effective injury management and income support to injured workers. WorkSafe ACT is the government agency responsible for the administration and regulation of the workers compensation legislation.
The Act supports and facilitates the progress of injury management and provides a benefit scheme that encourages workers to return to work as early and safely as possible.
If you have been injured at work, you will need to follow these steps in order to lodge a claim for Workers Compensation:
Claims process steps
Step 1. The injured worker must give notice to their employer as soon as possible. Details of the injury are entered in the Register of Injuries.
Step 2. The employer must give notice to their insurer within 48 hours of receiving notification. See our Guidance Note on Workers Compensation – Register of Injury and Early Notification for written confirmation details.
Step 3. If the injury results in the worker becoming incapacitated for work for seven (7) days, the insurer must make contact with the injured worker, employer and (if appropriate and practical) the workers nominated treating doctor, within three (3) business days.
Step 4. The injured worker obtains a claim form from their employer and an approved medical certificate from their nominated treating doctor. The worker completes the claim form, attaches the certificate and gives it to their employer.
Step 5. The employer must send the claim form to their insurer within seven (7) days of receiving the claim from the injured worker.
Step 6. The insurer accepts or rejects the claim within 28 days.
Step 7. If the worker’s injury is a significant injury, the employer and worker must take part in the establishment of a Personal Injury Plan by the insurer and comply with reasonable obligations under this plan. The Personal Injury Plan can be developed with the assistance of an Approved Workplace Rehabilitation Provider.
Step 8. The employer must provide suitable duties for the injured worker if requested, within six months after the date of injury.