Employment Information
Frequently asked questions
I am an employee and have injured myself at work. What do I do?
I am an employer and an employee has notified me that they have suffered an injury at work and want to make a claim. What do I do?
How should my normal weekly earnings (NWE) for workers compensation be calculated when I was working two jobs prior to my injury?
Can my employment be terminated while I’m on workers compensation?
Who should be involved in the formulation of rehabilitation programs and/or return-to-work plans?
I am thinking of opening a business in Tasmania and need to take out workers compensation cover for my employees. How do I arrange this?
Do I get reimbursed for travelling expenses associated with my workers compensation claim?
How do I find out who my employer’s workers compensation insurer is?
I work as a casual, am I covered by workers compensation?
I am an employee and have injured myself at work. What do I do?
As soon as practicable, you must notify your employer of the injury, and when and how it happened. To claim workers compensation you must visit a workers compensation accredited doctor and obtain a Workers Compensation Medical Certificate.
Request a Worker’s Claim for Compensation form from your employer and complete the worker’s section. Keep the brown copy of the form and give the remaining claim forms, medical certificate and any accounts for treatment, to your employer as soon as possible (within 6 months with some exemptions).
A claim is not valid until both the Worker’s Claim for Compensation and Workers Compensation Medical Certificate are provided to your employer. Our publication A Guide to Workers Compensation in Tasmania (GB112) provides more information on this issue.
I am an employer and an employee has notified me that they have suffered an injury at work and want to make a claim. What do I do?
Ensure that the accident details are recorded and make a Worker’s Claim for Compensation form available for your worker. Your insurer supplies these to you. As soon as the worker submits the claim form and a Workers Compensation Medical Certificate, complete the claim form section titled ‘Employer’s Report’. Keep the form’s black copy, forward the remaining copies and the medical certificate to your insurer within five working days of receipt.
Commence weekly payments the next pay day or no later than 14 days after receipt of the claim. Even if you decide to dispute the claim, you must continue to make payments to the worker. You have 84 days to dispute the claim. Our publication A Guide to Workers Compensation in Tasmania (GB112) provides more information on this issue.
How should my normal weekly earnings (NWE) for workers compensation be calculated when I was working two jobs prior to my injury?
Section 70 of the Workers Rehabilitation and Compensation Act 1988 outlines the process for calculating NWE under this circumstance. If concurrent contracts of service with two or more employers exist at the time of the injury, the NWE are to be calculated as if all the earnings were from the employer upon whom the claim is lodged. The exception to this is where one of the concurrent contracts is a full-time contract of employment, in which case only the full-time earnings will be used to calculate NWE.
Can my employment be terminated while I’m on workers compensation?
Under the Workers Rehabilitation and Compensation Act 1988 the employer of an injured worker is obliged to hold the injured worker’s position open for a period of 12 months, unless the reason for the employment no longer exists or it is not reasonably practicable to make than employment available to the injured worker.
The employer also has to:
• create a return-to-work plan where a worker is incapacitated for a period of longer than 14 days;
• provide suitable alternative duties for a period of 12 months after the date of the injury;
• provide rehabilitation for up to 10 years from the date of injury.
Terminating a worker for any reason may not affect the worker’s right to continue to receive compensation and rehabilitation. An employer considering terminating an injured worker’s employment contract should discuss the matter with their insurer. Termination must also be in accordance with the industrial relations and anti discrimination legislation that applies.
Who should be involved in the formulation of rehabilitation programs and/or return-to-work plans?
The answer to this question is:
• the workers’ treating medical practitioner
• the injured/ill worker
• the employer
• the rehabilitation provider.
These people should always be consulted and involved in the preparation of a rehabilitation program and a return-to-work plan for an injured/ill worker.
The WorkCover Tasmania Board has approved a list of criteria that must be included in an employer’s rehabilitation policy, and one criterion is that the injured/ill worker has the right to be involved in the selection of the rehabilitation provider.
The legislation requires that the return-to-work plan must be prepared for the injured worker in consultation with the worker, and must contain evidence of reasonable efforts to consult with the worker’s treating general practitioner (GP).
The aim of rehabilitation is, where appropriate, to return the worker to their pre-injury employment as soon as possible. An agreed rehabilitation plan, involving the worker, employer, treating GP and rehabilitation provider is fundamental to this outcome.
I am thinking of opening a business in Tasmania and need to take out workers compensation cover for my employees. How do I arrange this?
In Tasmania, workers compensation insurance is provided by licensed insurers. You or your insurance broker should contact licensed insurers listed on the WorkCover website for a quote.
The premium quoted should be based on your estimated wages. For guidance on what is included in the definition of ‘wages’ for premium purposes, please see Guideline on the Definition of Wages Nov 2004 (GB118).
Your insurer should also take into consideration things like previous workers compensation insurance claims history and demonstrated commitment to occupational health and safety.
Do I get reimbursed for travelling expenses associated with my workers compensation claim?
A worker is entitled to claim reasonable expenses necessarily incurred for travelling and maintenance in connection with medical, hospital and rehabilitation services. A worker is entitled to claim the costs of using their private motor vehicle in accordance with the Workers Rehabilitation and Compensation Act 1988. A claim can be made where the vehicle is used for journeys – connected with the claim – to and from medical examinations, and to obtain medical, hospital and rehabilitation services. The amount to be reimbursed is in accordance with the rates for an occasional user of a private motor vehicle under the General Conditions of Service Award.
Copies of this award may be viewed or purchased from Printing Applied Technology.
How do I find out who my employer’s workers compensation insurer is?
Section 152 of the Workers Rehabilitation and Compensation Act 1988 requires that an employer keep that information readily available at the workplace, for the information of workers employed at that workplace. Workers should have access to a statement setting out the name and address of their licensed insurer, or if the employer is a self-insurer, a statement to that effect. There should also be access to a summary of the provisions of the Act.
Workers Rehabilitation and Compensation Act 1988 Summary Posters (GB014) are available free from the Helpline on 1300 366 322.
I work as a casual, am I covered by workers compensation?
If you are employed as a casual worker then in most instances – yes.
There are a number of exclusions in the Workers Rehabilitation and Compensation Act 1988 but none of these are based solely on the contract of employment being of a casual nature. Our publication A Guide to Workers Compensation in Tasmania (GB112) provides more information on this issue.
