Complete and submit employer's claim documents

Step 1

Your worker must complete a Worker’s injury claim form

Your worker will need to fill out the Worker's injury claim form. Once complete, the worker must forward it to you to complete the employer questions and sign.

You need to acknowledge that you've received the claim form in writing – you can do this by completing the employer section of the claim and providing a copy to the worker. You can also print it out and discuss it with your injured worker face to face.

Step 2

You must lodge the worker's claim with your agent

If the claim includes a mental injury

As of 1 July 2021, new provisional payments laws will come into effect with a new early notification requirement on you if a worker or volunteer submits a claim for a mental injury.

To accommodate the new early notification requirement, there have been updates to the Worker's injury claim form.

As part of these changes, within 3 business days of receiving the claim form from a worker, you must submit to your agent:

• the Worker's injury claim form part A, with question 7 of part A completed by you (this acts the early notification for a mental injury)
• if you believe the claimant is not their worker, provide evidence of this to their agent together with part A

and

within 10 calendar days of receiving the claim form from your worker, you must submit to your agent:

• the Worker's injury claim form part B. Note: You can choose to forward both part A and part B together, but must do so within 3 business days
• an Employer injury claim report completed by you, if you intend to lodge one. The employer claim report is an official document which records the employer's details, their worker's details, particulars of the incident, and an opportunity for them to provide additional information, such as disputing liability. WorkSafe encourages employers to complete this claim report
• injured worker's medical certificate ('Certificate of Capacity')
• any other relevant documentation, e.g. invoices or receipts for medical expenses

There can be penalties if you fail to meet these timeframes.

You can lodge these documents through your WorkSafe agent's online claim lodgement system, or by email or post.

If the claim is only for a physical injury or illness

If the claim does not include a mental injury component, you need to submit to your agent within 10 calendar days of receiving the claim from the worker:

• the Worker's injury claim form part A and part B, with question 7 of part A completed by you
• an Employer injury claim report completed by you, if you intend to lodge one. The claim report is an official document which records the employer's details, their worker's details, particulars of the incident, and an opportunity for them to provide additional information, such as disputing liability. WorkSafe encourages employers to complete this claim report
• injured worker's medical certificate ('Certificate of Capacity')
• any other relevant documentation, e.g. invoices or receipts for medical expenses

There can be penalties if you fail to meet these timeframes.

You can lodge these documents through your WorkSafe agent's online claim lodgement system, email or by post.

Step 3

Working with a Circumstance Investigator

Sometimes a Circumstance Investigator will be assigned to the claim to collect more information, including interviewing witnesses about your worker's injury.

You should make sure you share detailed information with the Circumstance Investigator, or their WorkSafe agent, about the injury and the events that you consider caused it.

Step 4

Your agent assesses the claim

Your WorkSafe agent has 28 days to assess the claim and let them know the outcome.

However, if the claim included a mental injury your WorkSafe agent will tell you if your worker is entitled to provisional payments within two business days of receiving the early notification (part A of the claim form) from you.

If your worker is entitled to provisional payments, the reasonable costs of medical treatment and services for their claimed mental injury can be paid for/reimbursed. If the worker's claim is then accepted, WorkSafe will continue to cover these costs in accordance with Victorian workers' compensation legislation.

If the worker's claim is rejected but they are entitled to provisional payments, WorkSafe will continue to cover the reasonable costs of medical treatment and services for the claimed mental injury for up to 13 weeks.