If you have a business in Western Australia and you employ somebody, then your business must take out workers compensation insurance. Public Liability Insurance is NOT the same as Workers Compensation insurance. If your business doesn’t have workers compensation insurance and an employee is injured, you may become personally liable for the cost of the claim.
If a worker is injured at work there are a couple of easy steps to follow:
- Make sure that your employee gets first aid. If your worker needs to go and see a doctor, you employee has the right to choose their own doctor.
- The doctor needs to give your employee a First Certificate of Capacity.
- Give your worker a Workers’ Compensation Claim Form. You can download a claim form at https://www.workcover.wa.gov.au/resources/forms-publications/worker-forms/
- Help your worker to complete their section of the claim form.
- Complete the Employer’s section on the claim form.
- Submit both the Claim Form and the First Certificate of Capacity to your workers compensation insurance company. You MUST do this within 5 days of receiving the claim form. A delay has legal implications.
- Your insurance company will then be in touch with you. Then within 14 days your insurance company must tell the worker whether they accept liability for their claim, or, reject liability, or, need to pend liability.
- Give the name of your insurance company, their contact details and the claim reference number to the worker.
- If the insurance company accepts the claim, then you need to liaise with your insurer about paying your worker their weekly wages. Basically you need to pay your worker within 14 days of your insurer accepting liability. Your insurer will reimburse the wage cost to you. You need to pay your worker on their usual pay days and in the usual manner.
- The injured worker will not return to work until their doctor certifies them fit to return to their job. The worker will provide your insurer with regular Progress Certificates of Capacity.
- Your insurance company may appoint a rehabilitation specialist to assist your worker to get back to doing their job.
- Your worker will need to attend medical appointments. The employer is NOT entitled to go to the appointments with the worker.
- Your worker may be away from work for a long time. An employer must keep the worker’s job open for at least 12 months after the injury.
We hope that this simple guide helps you to understand how to manage an injured worker. If you have any questions please contact Lian Hall Injury Law, we are always keen to chat about your questions.
