Injured workers receive a lot of information from employers, general practitioners and claims managers when they first report an injury.
For most people, this information can be overwhelming.
We recommend the following steps be taken immediately when a work related injury occurs:-
Step 1 – Report the injury in your employer’s injury book
If there is no injury book at your workplace, provide your employer with written details of your injury and keep a copy of your written account of the injury. Your injury can be reported by email to your employer.
Step 2 – Complete a notice of injury form and give it to your employer
If you are unable to obtain a notice of injury form go to step 3.
Step 3 – Consult your health care provider
Consult your own general practitioner on the day of injury for a WorkCover NSW – Certificate of Capacity.
We are told by some of our clients that representatives of employers/insurers insist on attending these medical appointments with the worker. There is no obligation on the worker to allow this.
Furthermore, we are told, in some circumstances, that an employer will insist that the injured person attend upon the company doctor for treatment.
You are not obliged to do so and in fact you should attend your own general practitioner for all treatment advice.
Step 4 – Request a workers compensation claim form from your employer
Step 5 – Complete and submit your claim form
Complete the claim form, attach your WorkCover NSW – Certificate of Capacity to that claim form and submit it to your employer.
You should always retain a copy of that completed document for your records.
Step 6 – Don’t provide statements without consulting your lawyer first
You may be approached by an investigator. You are not obliged to provide a statement to an investigator and you should not do so without contacting your lawyer.