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Claiming Worker’s Compensation

These factsheets have been a result of a project developed by Anne Purdy & Jaspreet, supported by the Augusta Zadow Awards.

These factsheets have been designed & translated to help women better understand the worker’s compensation scheme and navigate the psychological work injury claims process.

Claiming Worker’s Compensation

  1. Get advice
    From your union, a service or lawyer
  2. See your doctor
    And ask for a work capacity certificate.
  3. Fill in a claim
    and submit it to your boss or representative

Find a claim form here: https://www.rtwsa.com/media/documents/claim-form.pdf

Whos who?

Return to Work SA is an Insurer and Gallagher Bassett and Employers Mutual are claims agents. Your claims manager works for them.

Only you and your representative work for you.

Keep an up to date work capacity certificate
Keep seeing your doctor regularly to update your certification

Get advice before signing anything

Respond to reasonable requests
If you’re not sure if a request is reasonable, ask for it in writing by email and seek advice.

Communicate how it suits you
You have a right to an interpreter if you need one. You can also ask to communicate with your claims manager by email if you find speaking by phone stressful or to be contacted only via your representative. You have a right to refuse to be recorded.

Choose your doctor
 You have a right to see your own GP or other doctors for treatment. Don’t agree to have your employer attend medical appointments or speak with your treating doctor. You may be asked to see an unfamiliar doctor for assessment but can seek a second opinion if you disagree with them. You have a right to receive a copy of any medical reports made about you.

Prioritise self-care

The workers compensation claims process is stressful. Care for yourself by seeking counseling, support from family and friends. And taking time to do things you normally find enjoyable.

Prepare for claim rejection
Most stress claims are rejected in the first instance. Seek advice when you receive your rejection as the decision can be reviewed.

Speed up your claim
The insurer will attempt to make a  decision within 10 days however complex claims can take longer. If you are not receiving interim payments and you are unhappy with the delay, seek advice about expediting their decision.

Helpful services
The Working Women’s Centre SA

Young Worker’s Legal Centre

Your Union
There is a union for every worker in Australia. Unions can help you with a workers compensation claim and in many cases, offer you access to a workers compensation lawyer.

Call unions Australia on 1300 486 466 to find your union if you’re not a member already.

Other helpful links

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