The Law Handbook 2024

Chapter 10.3: Transport accident injuries 947 If a claim is rejected, the worker must be given written notice of and reasons for the decision. For procedures beyond this stage, see ‘Procedure in contested claims’, below. Time limits on making a claim Under the WIRC Act (s 18(1)), notice of any injury must generally be given by the worker or a person on behalf of the worker within 30 days of the worker or that other person becoming aware of the injury. Notice of injury is deemed to be given to an employer if particulars of the injury are entered into the register of injuries or injury book at each place of employment. The employer must acknowledge in writing the giving of notice of an injury (s 18(4)). A claim for compensation must generally be made in the prescribed form and be given to the employer as soon as practicable after the incapacity arising from the injury becomes known (s 20). If the claim is for weekly payments, a medical certificate on the prescribed form should be given at the same time. If a claim for compensation is made after the worker ceases to be employed by that employer, it shall be deemed not to have been made unless the claimant satisfies WorkSafe or the self-insurer (or the court) that it could not reasonably have been made while the worker was employed by that employer (s 22(2)). If the claim for compensation relates to an injury resulting from an accident involving a motor car, then it shall be deemed not to have been made unless a report of the accident has been made to a member of the police force (s 22(3)). Any claim for a death benefit should be made within two years of the death of the worker. In addition, any claim for medical and like expenses should be made within six months of the date of the medical service. The time limits for giving notice of injury and making a claim for compensation may be extended in certain cases (ss 18(6), (7), 22(9)). Procedure in contested claims Contested workers compensation matters are heard by a court (see ‘Workers compensation’, above). Generally, an application can be made to the court from any decision of WorkSafe or the self- insurer or from any recommendation or direction of a conciliation officer of the Workplace Injury Commission ( WIC ). Any party to a dispute may refer the dispute for conciliation by a conciliation officer, provided this is done within 60 days of the notice of the decision being served on the worker or claimant. Legal representation is only allowed before a conciliation officer if all parties, including the conciliation officer, agree. However, a compensation claimant may be entitled to assistance and representation from a union, WorkCover Assist or Union Assist. The WIC can provide information about contacting such organisations. The conciliation officer can direct WorkSafe, the employer or the self- insurer to pay or continue to pay compensation for up to 12 weeks at any time and/or arrears of up to 24 weeks. Similarly, a conciliation officer can direct payment of medical and like expenses up to $5000. If the conciliation officer believes there is a genuine dispute about whether weekly payments should be made or continue to be made, the officer must advise the claimant of that fact and that an application can be made to the court to determine the matter. It is compulsory for all weekly payment claims and non-economic (impairment benefit) claims to be referred to conciliation before they are heard in court (s 273(1)). A certificate must be issued by a conciliation officer before the court hearing (s 273(1)), except where proceedings have started for another dispute between the parties and the court issues a certificate (s 273(2)). Medical questions must be referred to a medical panel for decision at the request of either party at a conciliation or at court. However, the court may have to resolve any disputed ‘factual issues’ between the parties prior to the referral. The court and the parties are generally bound by the decision of the medical panel (s 313(4)). All enquiries about conciliation should be addressed to the WIC (see ‘Contacts’ at the end of this chapter). A worker appearing at a conciliation may be entitled to limited travelling expenses and loss of wages incurred for attendance there. After a genuine dispute certificate is issued by the WIC, a claimant for compensation may seek a review of a decision by WorkSafe by the Workers’ Compensation Independent Review Service ( WCIRS ). Not all such decisions can be the subject of a review. Any application for review must be submitted prior to a court listing the matter for a final hearing or referring the dispute to a medical panel. If a claimant is still dissatisfied after a review, the matter can be determined by a court. All enquiries