Work Cover Authority of New South Wales - Injuries and Claims

Injuries and Claims

The WorkCover Authority of NSW is responsible for providing protection to workers and employers in the form of a compensation system for work sustained injuries, which can provide:

• weekly payments
• lump sums for permanent impairment (and pain and suffering where applicable)
• payment of medical bills
• provision of legal assistance to pursue a claim
• intensive rehabilitation assistance.

Workplace injuries must be managed to ensure that the worker recovers and is able to return to work. It not only includes treatment and rehabilitation, but also the retraining of the worker and the management of any compensation claims. The idea is that through the management of the injury, the worker may be able to return to work as soon as possible, and that all parts of an employer’s policies for the return to work program are followed. A return to work coordinator should be nominated by an employer to help injured workers to return in a safe manner. The return to work coordinator can either be an employee nominated by the employer, or a person contracted specifically for this purpose. As part of the return to work program, an employer must be able to provide suitable duties for the worker during their recovery period, so that they are still able to continue working and do not have to take time off work completely. These duties must be short term, with a goal of assisting the recovery process, must comply with the worker’s medical certificate, and finally must be agreed upon by the employer, the worker, and their doctor. WorkCover itself also runs various programs to help injured workers in returning to work. These include:

• short periods of work experience called work trials to assist them in developing or redeveloping skills, and to build up physical and psychological fitness
• formal retraining of skills at TAFE or university if the worker is unable to find suitable work after injury
• funding to help with purchasing equipment to modify the work environment to the injured worker’s needs
• the JobCover placement program (JPP), which provides a financial incentive to another employer to employ the injured worker In the case of a worker being injured, the employer, worker and insurer all have certain responsibilities to ensure that they are compensated, and given assistance so they can make a full recovery and return to work.

If a worker is injured, it is their responsibility to immediately report it to their employer, and the details of the incident must be added to the register of injuries – a list containing all current injuries suffered by workers, caused in the workplace. From here, if the injury is deemed serious enough, a claim can be made to the insurer. This can be made by anyone; however it must be done within 48 hours of the injury being notified. The insurer will then give the person who notified them a notification number, which can be used to track their notification. The following information must be provided:

1. worker’s information – their name, residential address, contact details and date of birth
2. employer’s information – the business name, current business address and employer contact
3. treating Doctor information – the name of the doctor or hospital where the injured worker is being treated
4. injury or illness details – the date of the injury, description of how it happened and a description of the injury itself
5. notifier information – the name of person making the notification, relationship to injured worker and contact details
6. supporting information – anything else the notifier considers necessary.

Payments will be made to the injured worker on a weekly basis, the amount dependent on the severity of the injury. In cases where the worker is injured permanently, they may be entitled to one or two lump sum payments. The employer must send the claim to the insurer within 7 days of receiving it, and the insurer may ask the employer questions about the claim, and ask for extra documentation which must be provided before the claim can go through. A complying agreement must then be made in writing between the insurer and the injured worker. If your employer has not notified your workplace injury to the insurer or will not provide you with their workers compensation insurance policy number, you can call the WorkCover Assistance Service on 13 10 50