Worker obligations

As soon as practicable after suffering an injury, the worker must notify their employer of the injury, either verbally or in writing. This notice must be given before the worker voluntarily leaves the employment in which the injury occurred. In the case of industrial deafness, notice must be given within six months of leaving that employment. The worker should always notify the employer of any injury, even if they do not expect to make a claim for compensation.

The worker must make a claim for compensation in the following time frames:

• within six months of the date of the injury or
• in the case of industrial deafness, while still in the employment in which the hearing loss occurred, or within six months of terminating that employment or
• in the case of a gradual onset disease, within six months of the day the worker first becomes incapacitated by the disease or the day a medical practitioner certifies that the worker was first incapacitated.

In the event of the death of a worker, the legal personal representative or dependants of the deceased worker must lodge the claim on the employer within six months of the date of death.

The worker must make themselves available for a medical examination, of which they have reasonable notice, by a doctor provided and paid for by the employer, at any reasonable time and place. Failure or refusal to attend the examination, or refusal to undertake treatment recommended as a result of it, may result in the entitlement to weekly payments being suspended until the Tribunal has determined the matter.