We regularly come across some common misunderstandings about workers compensation laws in Tasmania. Sometimes this can cause legitimate claims to become difficult. If you are an injured worker, it is hard to know where to start. There are some things that you need to know to smooth your path through the system. This is our list of the top ten facts you should arm yourself with. As always, you should seek legal advice about your specific circumstances. This information only applies to the Tasmania system.
1. You need to give notice of your injury as soon as practical. You must tell your supervisor or manager what happened, when it happened and what part of you is injured. This can be a verbal report and does not need to be in writing.
2. You must give your employer a workers compensation medical certificate AND a completed claim form in order to make a claim. This must be done within 6 months of the date of your injury.
3. Your employer must give you a claim form if you ask for it. You can also ask the insurer to provide you with a copy if you know who the insurer is.
4. You can choose your own doctor. You do not need to see the company doctor even if it is company policy. You can also change doctors if you want to.
5. No one can come into your appointment with your doctor unless you agree to it. This includes your boss or manager, rehabilitation provider or insurance claim manager.
6. You do not have to take part in an interview with an investigator. You may be asked to do so by your employer or insurer. In our experience, there is usually nothing to be gained and you may be misinterpreted.
7. Following a claim, your employer must pay you weekly payments. They have 84 days to decide whether they will accept or dispute it. If they decide to dispute the claim you should still get paid until the Tribunal makes an order.
8. You should still submit workers compensation medical certificates following any dispute order. Your employer is obliged to accept them even when your claim is in dispute.
9. Your employer/ insurer has the right to send you to a medical assessment with the doctor of their choice. Provided the doctor has the right qualifications for your type of injury, you should attend the appointment and participate in the assessment.
10. Following a medical assessment by a doctor appointed by the insurance company, a copy of the report must be sent to your GP. Your GP is then entitled to give the report to you.