Question 1

What must an employee do if there is a workplace injury?

Accepted Answer

Here is a step-by-step guide to follow:

Notify your employer about your injury/illness as soon as possible. You can do this in person, in writing or by email;
Seek medical treatment for your injury/illness and get a signed workers compensation medical certificate from your treating doctor;
Your employer must inform you of your right to make a workers compensation claim and give you a Notice of Right to Make a Workers Compensation Claim form within 14 days of you telling them about your injury;
If you wish to make a claim you must complete a Workers Compensation claim form and obtain a Workers Compensation medical certificate from your doctor. The claim form should be completed and submitted to your employer as soon as possible but no later than 6 months from the date of the injury.

Question 2

Who can claim for workers compensation?

Accepted Answer

To be entitled to compensation, a person must be deemed a worker.

A worker can claim for workers compensation if they suffer an injury or disease that arises out of or in the course of their employment or to which their employment has contributed to a substantial degree.

A worker may be entitled to compensation for:

Weekly payments while incapacitated for work
medical and other expenses
rehabilitation expenses
permanent impairment.

Further details can be found at WorkSafe Tasmania

Question 3

Who is deemed a worker?

Accepted Answer

A deemed worker is someone who works under a contract of service or a training agreement. This includes casual employment. A contract does not have to be a formal, written document - it could be implied and/or a verbal agreement.

Detailed definition of a deemed worker can be found at WorkSafe Tasmania.

Question 4

What must an employer do if there is a workplace injury?

Accepted Answer

Attend to the injured worker as soon as possible;
Notify GIO within 3 working days;
Give the worker written notice advising of their right to make a claim within 14 days;
Accept the worker’s claim form (notifying their insurer of the claim within 3 working days) and then forward the claim to the insurer within 5 days;
Start making weekly compensation payments within 14 days of receiving a new claim, or on the next payday where it is later than 14 days after receipt of the claim;
Keep the worker’s position open for a period of at least 12 months;
Provide the injured worker with suitable alternative duties. If it’s unreasonable or impracticable to do so, the employer must advise the worker in writing of the reasons;
Ensure that an injured worker is assigned to a Return to Work Coordinator as soon as practicable in the event of a significant claim (where more than 100 employees are employed);
Participate and co-operate with GIO to develop a Return to Work and / or Injury Management Plan for the injured worker;
Provide suitable and meaningful duties in the workplace for an injured worker, wherever practicable

Question 5

How long can weekly compensation payments continue?

Accepted Answer

The maximum duration of weekly compensation payments is generally linked to the level of a worker’s “Whole Person Impairment” (WPI), which is determined by a medical assessor who looks at the degree to which their capacity to carry out daily duties has been diminished by the injury.

Weekly compensation payments may continue up to:

9 years if the WPI is less than 15%;
12 years if the WPI is 15% or more but less than 20%;
20 years if the WPI is 20% or more but less than 30%;
pension age (as per Social Security Act 1991) if the WPI is 30% or more; or
12 months if a worker has already reached pension age when the injury occurs.

Question 6

When is an injured worker entitled to lump sum payments for permanent impairment?

Accepted Answer

A worker who suffers a permanent impairment as a result of a work injury may also be entitled to receive a lump sum payment for the impairment involved. A lump sum payment entitlement is calculated as a percentage, using formulas contained within the workers compensation legislation. Generally for physical injuries, the worker’s “Whole Person Impairment” (WPI) must be at least 5% and for psychological injuries at least 10% before an entitlement exists, further details relating to lump sum payments can be found here Workers Compensation: The Handbook WorkSafe Tasmania

Question 7

When are Employers required to prepare Return to Work Plans?

Accepted Answer

When are Employers required to prepare Return to Work Plans?

Employers are required to develop Return to Work Plans when
total or partial incapacity exceeds 5 business days and is ongoing
incapacity relates to only one diagnosed condition
the incapacity is not deemed as a significant or complex injury
the medical treatment plan recommends conservative treatment

Employers are required to prepare Return to Work Plans to suit the needs of the individual who is injured and assist and promote optimal return to work outcomes.
Return to Work Plans will be agreed to, prepared and implemented within 10 business days from the date of the consultation with the Primary Treating Medical Practitioner as indicated on the medical certificate.
GIO will engage with employers to ensure these plans are prepared and implemented within the required timeframe

Question 8

Do employers with more than 100 employees have additional workers compensation responsibilities?

Accepted Answer

Yes, employers with more than 100 employees must also:

Provide their insurer with a list of suitable alternative duties within 60 days of taking out or renewing an insurance policy;
Appoint a Return To Work coordinator (RTWC) who must be assigned to a worker who suffers an injury likely to result in incapacity of more than 5 working days.

Question 9

Can workers compensation benefits be altered or stopped?

Accepted Answer

If the employer or worker wishes to query the rate of weekly compensation payments being made, a reference needs to be filed with the Tribunal seeking a review of those payments.

An employer may reduce or stop a weekly payment to a worker only when;

A worker has returned to work
A worker is receiving more than the amount of the weekly payment (payment above compensation)
When a medical practitioner who has examined the worker has certified that they have wholly or substantially recovered from the work injury
The Tribunal may make a determination that payment should be either reduced or stopped or in some cases increased
If there is a change in the ordinary hourly rate of pay during a period of incapacity, the weekly payment should be increased or decreased by the like amount

If an employer intends to stop weekly compensation payments altogether, they generally will need to have medical reasons for doing so and advise the worker in writing ten days beforehand.

Question 10

Do I need to notify WorkSafe Tasmania if a worker is injured?

Accepted Answer

Yes, the employer must notify WorkSafe Tasmania as soon as possible if any of the following incidents have occurred in the workplace

a death, or
someone suffers a serious injury or illness, or
a dangerous incident

Electric shocks must also be reported to TasNetworks on 13 20 04.

To contact WorkSafe Tasmania dial 1300 366 322 when calling from Tasmania. Outside of Tasmania callers must use (03) 6166 4600.

Further information is available here WorkSafe Tasmania in respect to the definition of a serious injury or illness and a dangerous incident.

Within 48 hours, the employer must also complete and lodge online, an Incident Notification Form which can be found here Incident Notification Form

Question 11

What do I need to do if I receive a notice of injury?

Accepted Answer

If you receive a notice of injury, you have 14 days to provide your worker with a written notice informing them of their right to make a claim under the Act.

This Notice of Right to Make Workers Compensation Claim form can be found here WorkSafe Tasmania Forms and Guides or by searching for GF172.

You must also notify GIO within 3 business days:

if the injury results in, or is likely to result in, total or partial incapacity
once you receive a claim for compensation

The employer is also legally required to complete the employer section of the claim form and forward it to GIO within 5 business days.

If an employee suffers a serious injury, death or electric shock you must notify WorkSafe Tasmania immediately on (03) 6166 4600 (outside Tasmania) or 1300 366 322 (within Tasmania). Electric shocks must also be reported to TasNetworks on 13 20 04

The online Incident Notification Form for serious injuries must also be lodged by employers within 48 hours and can be found here Online Incident Notification Form

To report an injury to GIO, please call us on 13 10 10 or email giowctas@gio.com.au.

To notify GIO of a new claim, you simply need to provide your contact details, your workers compensation policy number, the worker's name, address and date of birth, and details of the incident.

GIO is committed to early intervention and recovery of injured workers and is dedicated to working with employers and workers to support early return to work activities. GIO has long identified that the long-term absence from work is harmful to physical and mental wellbeing however, returning safely and quickly to work has strong benefits for the individual, their family, their employer and the sustainability of an Injury Management Scheme.

Question 12

What medical expenses are covered by a workers compensation claim?

Accepted Answer

Generally, the cost of reasonable and necessary medical expenses incurred by the worker are covered for up to one year after their entitlement to weekly compensation payments ceases. However, the Workers Rehabilitation and Compensation Tribunal (Tribunal) has the power to extend the employer’s liability for medical expenses in what are wide ranging circumstances.

Medical expenses may include costs associated with pharmaceutical, ambulance, hospital, nursing, rehabilitation or constant attendance services, as well as examination or treatment by medical practitioners, physiotherapists, dentists, opticians, chiropractors, osteopaths, etc. The injured worker’s reasonable travelling expenses in connection with medical appointments will also be reimbursed. Travel involving the use of a motor vehicle is reimbursed at the rate set down in the Tasmanian State Service Award.

Regardless of whether a new claim is accepted (pending further information), an employer is generally required to meet the cost of a worker’s medical and rehabilitation expenses, up to a limit of $5,000.

Accounts for medical expenses must be forwarded by a worker to their employer within 7 days of receipt, and similarly by the employer to their insurer within 7 days of receipt.

Question 13

How are questions or disputes relating to claims resolved?

Accepted Answer

Questions, queries or disputes regarding weekly compensation and/or other benefits may in the first instance be directed your GIO Claims Advisor. Any query regarding workers compensation may also be directed to WorkSafe Tasmania, which operates a free information and assistance service. Phone 1300 366 322 (inside Tasmania), outside of Tasmania callers must use (03) 6166 4600. Further details can be found here WorkSafe Tasmania.

If an agreement cannot be reached, a dispute may be referred to the Workers Rehabilitation and Compensation Tribunal, who will determine the appropriate manner of resolving the disagreement. In some circumstances, costs may be awarded against an unsuccessful party.

The dispute resolution process allows for matters to be resolved as quickly, informally and economically as possible. Appeals may be made from determinations of the Commissioner of the Workers Rehabilitation and Compensation Tribunal to the Supreme Court on points of law only. Parties to disputes may, with the approval of the Tribunal, be assisted or represented at hearings before the Tribunal.

The Injury Management Co-ordinator, so far as is reasonably practicable, will also ensure that attempts are made to resolve disputes in relation to injury management in respect of the worker, including mediating disputes in relation to rehabilitation and return to work and / or providing or arranging informal mediation as appropriate.

Tasmania Workers Compensation FAQs