It can be a very traumatising time and frustrating process when you are injured at work and have to navigate through the various procedures to get what you are entitled to.
We at AH2 Legal regularly deal with our injured clients and fully understand the frustrations felt by our clients. To help you out with the process – here are a few basic steps that you should follow if you wish to successfully claim for workers’ compensation:
1. Seek first aid immediately, and report your incident to your employer
If you were injured at work, you should see a doctor as soon as possible for treatment and assessment of your injury.
You should also report your accident or injury in accordance with your employer’s incident reporting policy and procedures.
2. Ask your doctor to provide you with a First Certificate of Capacity
Your doctor will issue you with a First Certificate of Capacity if they believe your injury is work-related.
During the appointment, you should provide your doctor all information relevant to your injury and ensure that the First Certificate of Capacity is completed in an accurate way. This is because the information stated on the certificate could affect your claim significantly.
The Certificate of Capacity should:
- provide an objective diagnosis of your injury and limitations caused by the injury;
- certify your fitness for work and any restrictions on duties you can undertake; and
- outline a plan for future appointments and any other proposed medical treatments.
To allow your doctor to discuss your claim with your employer and insurer, you will then be asked to sign a ‘consent authority’ on the Certificate of Capacity. If this authority is not signed, there may be some delays in processing your claim.
3. Complete the Workers’ Compensation Claim Form
To obtain a Worker’s Compensation Claim Form, you could download a copy from the WorkCover WA website.
Once you have completed the worker section of the Claim Form, you will then need to return the form with your Certificate of Capacity to your employer. Please also remember to keep a copy of your Certificate of Capacity and Claim Form for your own records.
4. Ensure that your employer completes the form and submits it within 5 working days
Once your employer has received your Claim Form, they will then need to complete the employer section of the form and submit the form with your Certificate of Capacity to the insurer within 5 working days of receiving the documents from you.
Once the documents are submitted to the insurer, the insurer has 14 days to decide on the claim and advise in writing if the claim is accepted, disputed or undecided. Please be aware that you must make your claim within 12 months from the onset of your injury.
If you have difficulties or concerns with your workers’ compensation claim, our experienced and friendly lawyers at AH2 Legal are always here to assist. Feel free to contact us for an obligation-free consultation.