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Workers Compensation - Worker Obligations
WorkSafe ACT is the government agency are consulted in the development of a Personal
responsible for the administration and regulation of Injury Plan established by the insurer in
the Workers Compensation Act 1951 (the Act). The conjunction with the employer, and with the
workers compensation legislation aims to provide assistance of an approved rehabilitation provider
timely, safe and durable return to work through and the nominated treating doctor.
effective injury management and income support to To make a claim, you must:
injured workers.
Report the injury or disease as soon as
Under the Act all employers must have a current practicable to your employer.
workers compensation insurance policy with an Enter the injury into the Register of Injuries; (A
approved insurance company (some large Register of Injuries must be kept by the
organisations have permission from the ACT employer, which records details of every injury,
Government to underwrite their own workers illness or incident that occurs within the
compensation). Employers are required to keep claim workplace regardless of whether there is a claim
forms available and to display a notice so that all the for compensation).
employees may know their rights under the Act. On
request, your employer provide a claim form to Provide an approved medical certificate,
www.legislation.act.gov.au/af/2004-
you.
3/default.asp, from a doctor stating your
What is a Work Related Injury? employment was a substantial contributing
factor to the injury.
A work related injury is an injury or disease resulting
Make your claim within three years of the injury
from employment. You may be able to claim if you: occurring or of you becoming aware of the
have an accident at work injury, and before you voluntarily leave the
contract a disease from work employer, unless the Court allows.
aggravate a previous injury Attend, if requested, a medical examination
arranged by your employer’s insurance
receive an injury on a journey travelling to or
company, the costs of which will be paid by the
from:
insurance company. (An insurer may cease your
your employment; payments if you fail to attend a medical
anywhere it is necessary for you to go to obtain examination arranged for you.)
a medical certificate or to receive medical
treatment or rehabilitation. Insurers
The Act also provides for the replacement of The insurance company makes all decisions
spectacles, artificial aids, etc, if they are damaged in regarding the processing of claims. It is responsible
a work related incident. for approving payments and ensuring prompt service.
An insurer must make a decision to deny a claim
within 28 days after receipt of the claim form. If an
Obligations for Workers insurance company rejects a claim, the injured
worker may take action for payment through the ACT
Injured workers must take all reasonable steps to Magistrates Court. A worker is entitled to seek
return to the workplace as soon as possible, taking information from the insurer and there may be a need
into consideration the nature of the injury, and to seek legal advice before considering court action.
participate and cooperate in the Personal Injury Plan.
Note: failure to comply may result in weekly
compensation payments being stopped. Further Information
The Act ensures that injured workers: For additional information relevant to this bulletin
are able to nominate their treating doctor to refer to:
assist in coordinating their Personal Injury Plan
Guidance Note WSACT GN 0048 - Workers
and Return to Work Program; and Compensation - General Information.
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worksafe.act.gov.au
Workers Compensation - Worker
Obligations
Guidance Note WSACT GN 0049 - Workers
Compensation - Employer Obligations.
Guidance Note WSACT GN 0050 - Workers
Compensation - Worker Obligations.
Guidance Note WSACT GN 0053 - Workers
Compensation - Claims Process and Benefits.
Any queries you may have about your claim should
be directed, in the first instance, to your employer
and to your employer’s insurer. Should you not
receive a satisfactory response, or if you believe
there has been a breach of the Act, you may contact
a Workers Compensation Inspector who may
investigate the matter.
Inspectors can be contacted at ORS WorkSafe ACT
on (02) 6207 3000.
Your union may also be able to provide advice on a
range of workers compensation related matters.
Further information Note: This guidance material has been prepared using the best information available to
WorkSafe ACT. Any information about legislative obligations or responsibilities included
in this material is only applicable to the circumstances described in the material. You
should always check the legislation referred to in this material and make your own
judgement about what action you may need to take to ensure you have complied with
the law. Accordingly, WorkSafe ACT extends no warranties as to the suitability of the
information for your specific circumstances. WorkSafe ACT disclaims all responsibility
and liability for all expenses, losses, damages and costs you might incur as a result of
the information being inaccurate or incomplete.
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