When an injury is reported that results in a claim for compensation the Workers Rehabilitation and Compensation Act 1986 gives the injured worker rights and responsibilities during the life of the claim.
Worker rights
You have a right to:
- make a claim for compensation or provisional weekly payments
- choose your doctor
- have someone else there at any meeting to talk about your claim
- have all personal information kept confidential
- get advice before signing anything
- get a copy of all medical reports about your claim
- get a copy of your rehabilitation and return to work plan and be included in its preparation
- have reasonable out-of-pocket expenses paid within 14 days
- an interpreter
- an advocate.
Worker reponsibilities
Injured workers have a responsibility to:
- report the injury to your boss as soon as possible
- get treatment for your injury
- give your boss a WorkCover Medical Certificate if you have time off from work and/or make a claim
- be actively involved in your treatment and rehabilitation and comply with the requirements of a rehabilitation and return to work plan
- do suitable tasks your doctor says you are fit to do
- attend an examination by a doctor or vocational rehabilitation consultant nominated by your case
manager (for an assessment only).
Confidentiality: An example
Kathy, a workers compensation claimant, is worried about her sensitive personal information being widely circulated. She asks her employer to keep the details of her work injury and treatment confidential. What can she expect?
All information about the claim should be kept confidential by all people involved in the system. Any staff who deal with her claim at the workplace are bound by the Workers Rehabilitation and Compensation Act 1986. They and other staff at her workplace (including people who do not have any dealings with her claim) are also bound by the Federal Privacy Act.
Kathy's employer may need to discuss some details of her work injury with other staff, but this should not include information about her physical or mental condition unless it is reasonably required to carry out their business or required for rehabilitation and compensation. Health care providers generally can not disclose information without authority and rehabilitation providers must not disclose information obtained unless it is required in the course of official duties. The staff at Employers Mutual and WorkCover are also bound by the Act.