Know Your Rights: Workers Compensation

Got hurt at work? Here’s what you need to know.

What is Workers Compensation?

If you’re injured at work, you have the right to workers compensation. This means:

• Weekly payments for periods when you are unable to work
• Coverage for medical costs
• Support for both physical AND psychological injuries
• Protection whether you’re injured at your workplace, somewhere else for work or develop an illness due to work.

Every state and territory has its own workers compensation scheme.

What To Do If You’re Injured

The Three Essential Steps

• Report the injury to your employer in writing
• See a doctor – YOUR choice of doctor, not your boss’s
• Submit a workers injury claim form

You can get the claim form from your employer or find it online. Your employer must send it to their insurance company, who will determine your claim.

Protection From Discrimination

The law provides protection against discrimination on the basis of having an injury or illness. 

Workers are protected by law from discrimination and adverse treatment because of a workplace injury or illness.

Under anti-discrimination laws and the Fair Work Act 2009, it is generally unlawful for an employer to:

• Discriminate against a worker because of a disability, injury or health condition

• Take adverse action against a worker for making a workers’ compensation claim or raising a workplace safety issue

• Punish or treat a worker unfairly because they exercised their workplace rights

If you believe you have been treated unfairly after a workplace injury, speak with your union or a legal representative about your options.

Step-by-Step: How To Make a Claim

1. Tell Your Employer Immediately

Report it and write it down! As soon as possible report the incident using the process for reporting workplace health and safety incidents in your workplace. Use the accident book, send an email, or notify your employer another way as soon as you’re injured or diagnosed.

2. See YOUR Doctor

• Not the company doctor – you can choose your own treating doctor – your employer cannot require you to see a doctor they choose.
• Some doctors do not accept workers’ compensation patients, so you may need to find a GP who treats work-related injuries
• Your employer can’t come to your appointment
• Bring a friend or family member for support if you want

3. At Your Doctor’s Appointment

• Explain your full work history
• Explain how the injury or illness occurred and how it relates to your work
• Ask your doctor to complete your initial workers’ compensation certificate confirming your capacity for work (often called a Certificate of Capacity)
• This certificate is required when lodging a workers’ compensation claim
• In some cases, ongoing certificates may be completed by other treating health practitioners depending on the workers’ compensation scheme in your state or territory
• Get a medical certificate
• Ask your doctor to fill out the workers compensation forms (if your state/territory uses them)

4. Stand Your Ground

If your employer insists you see their doctor:

• Get that request in writing
• Tell them you’re getting advice
• Contact your union immediately
• Never let an employer attend your medical appointment – they’re private

5. Submit Your Claim

• Fill out your section of the form
• We recommend that you lodge your own form to your state workers’ compensation authority, if your state allows this, to avoid your claim being misplaced or delayed.
• If your state requires your employer lodge your claim, give your claim to your employer with your medical certificate. Email is fine for this.

6. If Your Employer Won’t Help

If they refuse or delay notifying the insurer:

• Do it yourself (your union can help)
• Some states have online reporting systems

7. Keep Records of EVERYTHING

Write down:

• When and how you were injured
• Your symptoms and when they started
• When you told your employer
• When you saw the doctor
• Details of any conversations with your employer or their insurer (phone calls or in-person). You are not required to engage with

Keep copies of all documents!

8. Get Union Support

• Talk to your union delegate
• Never meet with anyone without your delegate present.
• You do not need to engage anyone employed by your insurer who says they are “investigating your claim” or who wants to have a “chat”
• Request all questions be put in writing

Remember

You deserve to be safe at work. If you’re injured, you have rights – and your union is here to help you protect them.

Need help? Contact your union today.

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