Following your workplace injury, you should have completed a Register of Injuries entry within 30 days of becoming aware of your injury, completed and signed Part A of Worker’s Injury Claim Form, obtained an initial Certificate of Capacity from a medical professional and have both of those documents submitted to your employer.
Your employer then has a legal duty to complete Part B of the Worker’s Injury Claim Form and submit it to their WorkSafe Agent along with your Certificate of Capacity within 10 calendar days, unless the claim is for limited medical costs only.
An exception applies if the claim form relates to a mental injury, in which case your employer has 3 business days to submit the Worker's Injury Claim Form Part A (early notification) and then Part B within 10 calendar days.
If your employer doesn't have WorkSafe Insurance, they still need to submit your Worker's Injury Claim Form within 5 calendar days of receiving the claim.
Once your employer has signed and submitted your Worker's Injury Claim Form, you should request a copy from them for your own records.
It’s important to know that if you’re not entitled to sick leave, your employer is not obligated to continue paying you during the initial time off work until your claim is determined. In which case, you may apply to Centrelink for JobSeeker benefits until WorkSafe has processed your claim and determined its viability.
Injured Victorian workers can access early treatment and support – called provisional payments – if their claim is relating to a mental injury. This also applies if the claim is for a mental and physical injury at once. WorkSafe Agents must respond within 2 business days of receiving an early notification form from your employer and provide you reasonable treatment and services for up to 13 weeks, even if the claim is ultimately rejected. You are also required to forward any medical expenses and bills directly to the WorkSafe Agents instead of your employer.
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Please be aware that the advice given here is of a general nature, and we recommend that you consult one of our Personal Injury Lawyers to discuss your particular circumstances. The contents of this page are considered accurate as of the date of publication; however, applicable laws may be subject to change, therefore affecting the accuracy of the contents of this page.
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