What are an employer’s obligations?
As an employer, you must maintain a readily accessible register of injuries for all incidents, accidents and near misses and make sure all employees are aware of it.
You must also:
- allow the injured worker to visit a doctor
- consult with the injured worker, their treating doctor and CGU about the plan for assisting them return to work
- prepare a Return to Work program
- provide the injured worker with employment that is suitable based on their work capacity, until they are able to return to their pre-injury duties.
For further information about employer obligations, please refer to the Information for Employers Rights and Responsibilities brochure or contact WorkCover ACT on (02) 6207 3000.
When an injury occurs
Following an injury an employer must:
- attend to the injured worker as soon as possible, ensuring they receive medical treatment if required.
- notify CGU as soon as possible
- complete your register of injuries as soon as possible
- implement and monitor a Return To Work Program for the injured worker
- not dismiss an injured worker within 12 months of the worker becoming unfit as a result of a work injury.
Making a claim
Once a claim form is completed an employer must:
- forward it to CGU within three working days of receipt
- forward relevant medical certificates as soon as possible
Employers also have a number of obligations relating to workplace health and safety.
An injured worker’s obligations
An injured worker must:
- notify their employer of any injury or illness as soon as they become aware of it
- make a workers' compensation claim (including providing a WorkCover WA First Medical Certificate) in order to receive payment for medical expenses and any time lost.
- nominate their own treating doctor, usually a GP who agrees to participate in the planning of their return to work
- actively participate in treatment and planning their return to work
- participate in assessments to determine their capacity, rehabilitation progress and future employment prospects
- make every reasonable effort to return to work in suitable employment
- notify their employer within seven days if they are receiving workers' compensation payments and start working for another employer or start their own business.
If your employee doesn’t meet these obligations, their entitlement to weekly payments and medical and other expenses may be affected.
For more information regarding employee obligations, see the section on employee rights and responsibilities or contact WorkCover ACT. Copies of any posters, can be found at the WorkCover ACT website.