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.
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





