After your claim is submitted
Once your claim has been submitted your WorkSafe agent will assess your claim. If the claim is accepted they will also work out what payments you'll receive for medical treatment and/or time you need to take off work.
Assessment of your claim
Your WorkSafe agent is responsible for assessing your claim and determining liability.
Decisions on liability must be made within certain timeframes determined by legislation. For most claims, this is 28 days.
If your claim is accepted
Your agent will let you know in writing that the claim is accepted and provide other important information, including the amount of the weekly payments (if applicable).
- Be aware that your weekly payment may change at 13 and 52 weeks
Weekly payments for time lost from work change at certain points during your claim. Two critical points are at 13 weeks and 52 weeks of payments.
Your agent will tell you about the changes in your weekly payments before they occur.
- Be aware that your employer’s obligations change at 52 weeks
- Provide your employer with a clearance certificate
If your claim is rejected
You may be entitled to use any sick leave or other appropriate leave that you've accrued to cover time off work. You also have the right to request a review of the decision.
Your options are
- Speak to your employer as a first step.
- Contact the WorkSafe Advisory Service on 1800 136 089 for free and confidential advice.
- Ask your WorkSafe agent to review the decision. The review will be made by a senior person that wasn’t involved in the original decision.
- You can contact the Accident Compensation Conciliation Service - a free independent service offered by the Victorian Government to help resolve disputes. This can either be done at the same time as step 3, or after the review is complete.
- Contact WorkCover Assist – a free service provided by WorkSafe to help you with your dispute as it goes through the Accident Compensation Conciliation Service.
- If you don't reach a resolution through the Accident Compensation Conciliation Service, you may be able to take your dispute to court.
- A Union representative may also be able to offer support.