How Tasmanians can claim for workers compensation

Navigating workers’ compensation claims in Tasmania – The Essentials - Carroll & O'Dea Lawyers
Compensation
primary-block
Compensation
Our Compensation Experts
Our Compensation Thinking
Our Compensation Resources
Personal Injury Claim Check
Services
Class Actions & Product Liability
Comcare Claims
Disability Claims
Dust Diseases
Income Protection Disputes
Inquests & Inquiries
Mediation
Sexual, Physical and Institutional Abuse
Total and Permanent Disability
More Services
Medical Negligence
Mine Injuries
Motor Vehicle Accidents
Professional Negligence
Public Liability
Superannuation
Workplace Injuries & Accidents
Business
primary-block
Business
Our Business Experts
Our Business Thinking
Industry Experience
Services
Administration & Insolvency
Business Formation & Transactions
Business Regulation
Co-investor & Partnership Agreements
Commercial Disputes
Financial Services
Immigration
Inquests & Inquiries
Insurance
Intellectual Property & Entertainment Law
International Transactions & Disputes
More Services
Legal Project Management
Management & Services Contracts
Professional Negligence
Property & Development
Shareholders & Partnerships
Tax
Technology
Workplace Health & Safety
Workplace Law
Workplace Mediations and Investigations
Workplace Relations
Personal
primary-block
Personal
Our Personal Experts
Our Personal Thinking
Services
Adoptions
Building & Construction Disputes
Defamation
Employment & Contracting
Employment Law Advice & Representation
Estate Disputes
Estate Planning and wills
Family and Relationships Law
More Services
Immigration
Inquests & Inquiries
Planning & Strata Disputes
Property & Development
Superannuation & Trusts
Tax
Unfair Dismissal & Discrimination
Community & Associations
primary-block
Community & Associations
Our Community & Associations Experts
Our Community & Associations Thinking
Services
Crisis Management
Employment & Consultancy
Estate Disputes
Estate Planning
External Regulation
Forming, Restructuring & Merging Organisations
Immigration
Industrial Associations
Inquiries & Royal Commissions
More Services
Intellectual Property & Entertainment Law
Professional Standards
Property & Development
Technology
Unfair Dismissal & Discrimination
Workplace Health & Safety
Workplace Law
Workplace Mediations and Investigations
Our Firm
primary-block
Our Firm
Our Experts
Careers
Our History
Our Purpose and Values
Networks
Community Matters – Pro Bono & Social Responsibility
More Services
We Speak Your Language
Diversity
Events
Announcements
Green Policy
Management Team
Media
Contact Us
1800 059 278
Search
Contact Us
|
CALL 1800 059 278
|
Carroll & O'Dea Lawyers
When it matters contact Carroll & O'Dea Lawyers
Search Carroll & O’Dea
Search for:
When it matters,
we can win you compensation.
Get Help Now
Compensation
Our Compensation Experts
Our Compensation Thinking
Media Releases
Videos
Our Compensation Resources
Services
Class Actions & Product Liability
Comcare Claims
Disability Claims
Dust Diseases
Income Protection Disputes
Inquests & Inquiries
Mediation
Medical Negligence
Mine Injuries
Motor Vehicle Accidents
NSW dust disease claims
Professional Negligence
Public Liability
Sexual, Physical and Institutional Abuse
Superannuation
Publications
Navigating workers’ compensation claims in Tasmania – The Essentials
Published on November 17, 2023 by Lucinda Gunning Lucinda Gunning
Suffering a workplace injury can be a daunting experience, both physically and emotionally. However, if you are an injured worker in Tasmania, you have certain rights and resources available to support your recovery and future financial stability. This article will guide you through the process of navigating your workers’ compensation claim in Tasmania, outlining your entitlements under the Workers Rehabilitation and Compensation Act 1988 (Tas), the initial steps you should take after an injury, and the subsequent steps to expect after your claim is lodged.
What am I entitled to?
Tasmania’s workers’ compensation legislation, primarily governed by the Workers Rehabilitation and Compensation Act 1988 (Tas) (the Act) .
The Act has two main purposes which include:
returning an injured or sick worker to work as quick and safely as possible; and
to ensure an injured worker is compensated for lost wages, medical and other expenses while they are unable to work, and that dependents of a deceased worker are compensated.
As an injured worker in Tasmania, you may be entitled to:
Weekly payments – if you are totally or partially incapacitated for work (you can’t undertake your normal job), and you have a workers’ compensation medical certificate from your doctor, you are entitled to receive weekly payments of compensation to compensate you for the loss of your usual income. You will receive between 80% and 100% of your pre injury average weekly income, depending on your level of incapacity and the amount of time that you have been receiving weekly benefit payments.
Medical and rehabilitation treatment and associated expenses – you are able to claim all reasonable and necessary medical, hospital, rehabilitation and pharmaceutical costs from your employer. This will extend to things such as physiotherapy treatment and any rehabilitation needs or equipment and home modifications required as a consequence of your injury.
Lump-sum compensation for permanent impairment – in cases of permanent impairment, you may be eligible for lump-sum compensation based on the severity of your injury and its impact on your ability to work. This entitlement is assessed by a medical specialist and the entitlement depends on the degree of your impairment.
Compensation for your travel expenses – if you need to travel for medical treatment, you can claim reimbursement for reasonable travel expenses.
Initial steps to take after your injury
1. Report the injury or illness to your employer
The first step for injured Tasmanian workers is to report your work-related injury or illness to your employer as soon as possible. You can notify them verbally, in writing or by email, providing details about the incident, the date and time it took place, as well as the nature of your injury. Keep a copy of all your reporting for your own records. Prompt reporting helps establish a record of the incident and ensures that you meet the statutory notification requirements. If you do not notify your employer within 6 months from the date of your injury your claim may be rejected. Your employer must provide to you notice which provides details regarding how you can make a claim for workers compensation and issue you with the relevant forms.
2. Seek medical attention
After reporting the injury, you should seek medical attention from your doctor as soon as possible. It is important to see your doctor even if you think your injury might be minor. Sometimes, it takes some time for the extent of your injury to present itself and it’s important to see your doctor to ensure you have explained everything that happened to you around the time that it occurred. When you visit your doctor, you should request that they complete a Workers Compensation Certificate of Capacity.
3. Lodge a workers’ compensation claim form and medical certificate with your employer
To initiate the formal workers’ compensation claim process, you must provide the completed claim form and accompanied workers compensation medical certificate to your employer within 6 months of the date of your injury. Your employer then must notify the insurer within 3 workings days and provide the completed forms to their insurer within 5 working days after receipt of your claim form.  As mentioned above, your employer should provide you with the necessary forms and guide you through the process, however, the relevant forms can also be located on the WorkSafe Tasmania website.
You should ensure that you complete the claim form accurately, providing detailed information about the incident, your injuries, and any medical treatment you have received. You should also attach the rel…

Text scraped from the landing page for research purposes. © respective owners. This text is sourced from the advertiser's public landing page; for removal, contact dmca@luba.media.