Employers

If a workplace injury does occur, workers and employers have clear rights and responsibilities. The workers rehabilitation and compensation system is designed to ensure:

• the injured worker receives appropriate support and medical care
• the worker is assisted to return to safe work as soon as possible
• steps are taken to prevent the workplace injury from happening again

Rights

Under the workers compensation system employers have a right to ask their Claims Agent to:

• Review a claim if they believe that weekly payments to a worker should be stopped or reduced
• Arrange for an injured worker to attend an examination by a recognized medical expert
• Provide copies of medical reports and request a report on an injured worker’s medical progress and incapacity for work
• Request a review of decisions made about the claim

Responsibilities

Under the workers compensation system employers have a responsibility to:

• Provide a safe working environment
• Provide safe, suitable alternative work, and be actively involved in an injured worker’s rehabilitation
• Keep in touch with their claims agent. Until the injured worker is doing full-time normal work, notify the agent if there is any change in type of work or hours, or if the employer is thinking of terminating the worker’s employment

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Employees

If a workplace injury does occur, workers and employers have clear rights and responsibilities. The workers rehabilitation and compensation system is designed to ensure:

• the injured worker receives appropriate support and medical care
• the worker is assisted to return to safe work as soon as possible
• steps are taken to prevent the workplace injury from happening again

Rights

• Under the workers compensation system injured workers have rights to:
• Make a claim for compensation
• Choose their own doctor or specialist and seek a second opinion
• To have a representative (e.g., family member, union representative, solicitor or interpreter) at meetings to discuss their claim
• Have any personal information kept confidential
• Have a copy of their rehabilitation plan and be consulted in its preparation
• Be provided with a copy of all medical reports relating to their claim
• Request a review of decisions made about their claim
• Request a copy of their claim file

Responsibilities

Under the workers compensation system injured workers have a responsibility to:

• Report injuries to your employer or supervisor as soon as possible
• Seek appropriate treatment for the injury
• Provide your employer with a Prescribed Medical Certificate (available from the treating medical practitioner) if you lose time from work or you wish to make a claim
• Participate actively in your treatment and rehabilitation
• Do suitable tasks your doctor says your are fit to do once a return to work plan is in place
• Attend an examination by a doctor nominated by the case manager (for an assessment only)

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