Giving worker claim to my employer

Give your WorkSafe claim as soon as possible
Complete and sign your Claim Form as soon as possible after your injury or illness. If your claim is for weekly payments tear off the copy of the Claim Form titled “Early Notification Copy” and keep it for your records.

  • You should give the Claim Form, Certificate/s of Capacity, if claiming time off, and other relevant documentation to your employer as soon as possible.
  • Once you have given your employer your claim for weekly compensation, you can make sure that your WorkSafe agent is aware of your claim by sending copies of the completed Claim Form and medical certificate/s to them or WorkSafe. You can use the “Early Notification Copy” of the claim form to do this.
  • After receiving a claim form from you, your employer must acknowledge, in writing, receipt of your claim, complete the “Completion by Employer” section and then forward the claim to their WorkSafe agent within:
    • 10 days if the claim is for any time off work or if your claim involves $582* of medical and like expenses.
    • 3 months if the claim involves less than $582* of medical and like expenses.

By law, your employer can not refuse to receive your WorkSafe claim and they can not dismiss you for making one.

* Employer excess indexed annually – correct as at July 2009

Having difficulties giving your claim to your employer
If your employer is refusing to receive your claim, or you believe that your employer is unlikely to forward it to their WorkSafe agent within 10 days, you may lodge it directly on the WorkSafe agent or WorkSafe.

You should indicate this on the Claim Form by ticking the relevant box under the heading “Lodgement of Claim”.

If lodging a claim directly on your WorkSafe agent or WorkSafe you must forward:

  • your signed and completed Claim Form;
  • Certificate/s of Capacity (if you are unable to perform your normal job);
  • other relevant documentation such as medical accounts and
  • a note explaining your efforts to give the claim to your employer or why you believe your employer is unlikely to forward the claim to their WorkSafe agent.

If you don’t know the name of your WorkSafe agent check the “If you are injured” poster which must be displayed at all workplaces, or alternatively you can contact the WorkSafe Advisory Service on 9641 1444 or 1800 136 089.

Next steps

  • Your WorkSafe agent then has 28 days from when they receive the claim to determine liability - for more information, see assessment of claims.

 More Information
• How to Make a WorkCover Claim: A Guide for Workers
• Introducing WorkCover: A Guide for Injured Workers
• Contact your WorkSafe agent
• Contact the Advisory Service

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