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Tool Kit

Workers' Compensation: What are your rights?

If you are injured at work you have the right to:

  • Visit your own doctor. The first visit is the most important one in deciding your claim.
  • time off to recover from your injury as long as it follows the WorkCover certificate provided by your doctor.
  • payment of reasonable medical and like expenses eg: doctor, physio, X-rays, etc
  • have your Union delegate or OHS Rep present when you talk to your employer about your injury
  • return to safe and meaningful work that your doctor agrees is within any necessary restrictions
  • a written 'return to work' plan if you have any restrictions or time off which will last more than 20 days
  • rehabilitation services and retraining that will help you get back to a safe job
  • a copy of any report related to your WorkCover claim so you can check that the information about you is accurate.

You have the right to refuse:

  • to see the company doctor for treatment as only your treating doctor (ie your own doctor) can treat you
  • to be escorted to the doctor by your employer or to have the employer attend the visit with your doctor.

Your employer must:

  • give you a written 'return to work' plan if your doctor gives you any time off or restrictions which will last for 20 days or more
  • only follow your treating doctor's advice when preparing your 'return to work' plan
  • nominate a 'return to work co-ordinator' for you who will assist you in your safe return to work. Employers can be fined $1000 if they have not already nominated a RTW Co-ordinator.
  • draw up a plan to eliminate the source of your injury so that you can come back to a safe job and so that no-one else will be injured
  • must offer you work which you can do with the restrictions given by your doctor if your claim is accepted
  • must offer you your job back if you have recovered from your injury.
If you experience any problems, contact your delegate, your OHS Rep or your union immediately.

This leaflet is based on one produced by the National Union of Workers.

See Also:

  • More information on this site on Workers' Compensation and how to put in a claim. This page has links to WorkSafe documents.
  • The newly revised WorkCover poster: If you are injured. Any Victorian workplace required to have a WorkCover policy is also required to display a copy of this poster - otherwise the employer could be liable for a fine of up to $2,096.

September 2006