It has been reported to the ALAEA that some members are not making legitimate Workers Compensation Claims due to allegations of being misled by management. Upon being injured/made ill at work, it is alleged management say to workers in effect – “we will take care of that” – no workers compensation claim is made and people are sent to the Lara Medical Centre by Forstaff for treatment.
Several members have been “caught out” by this underhanded approach and shocked when they find out they have been “dudded” by the company. This in the opinion of the ALAEA is not only a farce but also illegal.
The Victorian Accident Compensation Act 1985, states that a claim should be made within 30 days from date of the injury/illness. Legitimate injuries/illness sustained at work, means members are entitled to make a Workers Compensation Claim. If a claim is not made within 30 days it may be rejected. Further, if the injury/illness re-occurs later on, and no claim is made, then redress may be difficult. Not making a claim when you are entitled to may cause problems further down the track, whilst Forstaff keeps their workers compensation insurance premiums to a minimum. No claim means diminished legal obligations for the company. Legitimate injuries/illness at work is covered by the Victorian Accident Compensation Act 1985, the law – not sick leave or Medicare.
Please see the following steps for legitimate workers compensation matters;
1. Report injury/illness to management and fill out the injury register book or appropriate forms.
2. Diarise every issue related to your claim/ injury/illness – when & where the injury/illness occurred - when it was reported - any witnesses.
3. Because you are making a worker’s compensation claim, you will need a WorkSafe Certificate of Capacity from your doctor, stating what you can or can't do, or duration of absence from duty.
4. Ensure your own doctor/specialist is case managing your injury/illness at all times. The ALAEA strongly recommends that members’ never allow the company doctor/specialist to case manage your injury/illness. Never! It is your right to have your doctor/specialist case manage your injury/illness.
5. YOU MUST fill out and sign a Workers Injury Claim Form (WICF) and send it to your employer ASAP. WICF are available from your employer, the Post Office, WorkSafe, ALAEA Councillors/Reps or the ALAEA. You have 30 days from date of injury/illness to make a claim or your claim may be rejected. Make sure you keep a copy for yourself. Contact your HSR, ALAEA Councillor/Rep, the ALAEA or WorkSafe for assistance.
6. Your employer must ASAP but no later than 10 days after receiving the claim from you, move the claim onto the insurance company. The insurer has 28 days from received date to accept or reject the claim. In that time the insurer may want a Private Investigator to interview you on their behalf. The ALAEA strongly recommends that members’ Never allow this to happen. Never! The Private Investigators only work on behalf of the insurance company to mitigate their liability – they do not work for you!
The Association often deals with members who sometimes feel guilty and ashamed of making a claim, due to community stigma attached to workers compensation claims. This can be a normal however unnecessary reaction. More often than not – it is not your fault.
DO NOT feel guilty about making a legitimate workers compensation claim. Workers Compensation is a workplace right. Exercise it!
BRAD STEWART
National Union Organiser
Monday, 06 February 2012 14:45
Worker's iInjury Claim Form (VIC) PDF