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National Union of Workers

What to do if you are injured at work

When you first notice your injury

  1. Report your injury to your employer
  2. Fill in the Accident Book
  3. Make sure you get a copy of the report
  4. Tell your elected Health and Safety Representative about how you were injured
  5. (a)  See YOUR OWN doctor for treatment
    (b)         Ask your doctor for a WorkCover Certificate of Capacity.  (The certificate will state your injury and what you can/ cannot do at work)
  6. (a) Fill in a WorkCover Claim Form if you need time off work and/or have medical expenses. (Claim forms can be obtained from any Post Office)
    (b) Photocopy the Claim Form and Certificate of Capacity.  (Keep copies of ALL documentation in a file)
    (c)         Give the original WorkCover Claim Form and Certificate of Capacity to your employer.  (Make sure you have signed the back of the Certificate of Capacity)
  7. Keep a diary of everything that happens e.g. when you are off work, your hours when you return to work, what you told the employer, what people tell you about your claim
  8. Your employer can ask you to see the company doctor – but only for an assessment NOT for treatment and only once every 3 months.  You have the right to choose the doctor who will treat you and who will be in charge of your return to work
  9. Your WorkCover Agent may require you to see an Independent Medical Examiner
    (a) You must attend this appointment or your claim may not be accepted.
    (b)         This is for an assessment only
    (c)         You can ask for a copy of the report from the agent or self insurer.

When your doctor says you are ready to go back to work

  1. Your employer must give you a written return to work plan if you have an incapacity for more than 20 days
  2. The return to work plan must be drawn up following YOUR DOCTOR’S instructions
  3. Your employer must try to reach agreement with you and your doctor on the return to work plan
  4. If you or your doctor is not happy with your return to work plan you can ask for it to be changed
  5. Your employer must offer you work which is suited to your injury, your restrictions, your skills and work experience.  It should be productive work.  The work must not injure you further
  6. The aim of the Return to Work Plan should be for you to remain at work while you recover from your injury and for you to return to your normal work as soon as possible

If your claim is ACCEPTED, you are covered

  • You will receive weekly payments which start at 95% of your average salary for the previous 12 months for any time you have off work.  After 13 weeks this will decrease to 75% if you cannot work or 60% if you can work.  Your rate will include your average overtime and shift allowance for the first 26 weeks
  • Weekly payments only last for 104 weeks unless you are totally incapacitated for work
  • You will be covered for medical and like expenses. These include visits to your doctor, physiotherapy, travelling costs, home help, surgery, pharmaceuticals, aids, rehabilitation services, x-rays, MRIs etc
  • Your doctor should not charge you directly if you have an accepted claim. The doctor should send the invoice/account to your employer
  • Give all receipts to your employer.  Make sure you keep a copy.

If your claim is REJECTED

  • You have the right to appeal any decision made by the WorkCover Agent or Self Insurer by requesting a conciliation
  • To appeal you must lodge a Request for Conciliation form with the Accident Compensation Conciliation Service (ACCS)
  • You can get a Request form from the ACCS by ringing (03) 9940 1111 or 1800 635 960
  • Conciliation is free and you are allowed to have someone assist you at Conciliation - this service is also free.  If you require assistance with Conciliation you can ring Union Assist on (03) 9639 6144  (tell them you are an NUW member)

If you need help

  • See your NUW Delegate or Health and Safety Representative at work if you need help with your WorkCover claim
  • If they cannot help, you can contact your NUW Organiser or the Union’s WorkCover Department on (03) 9287 1777
  • If you need legal advice, you can contact the NUW office for a list of union approved WorkCover solicitors.  We recommend these firms because of their expertise in WorkCover matters
  • You can also ring the WorkCover Advisory Service on 1800 136 089 or access their website on www.workcover.vic.gov.au.

Make sure you have a Health and Safety Representative or union Delegate with you whenever you talk to your employer about your injury


Last modified 2005-03-31 12:59 PM

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