Understanding the Claim Process and Your Entitlements

Lodging a workers compensation claim can be confusing and stressful. It is important that you know the claims process and your potential entitlements that can flow.  

If you have sustained an injury in the course of your employment, you will need to see your doctor to complete a first medical certificate confirming your incapacity for work, along with a completed claim form. You are then required to provide these to your employer who will notify their workers compensation insurer of your claim. 

The insurer has 10 days to notify you if they accept, defer or dispute liability of your claim.  

Accept: this means the insurer has accepted liability, and you are entitled to.  

1.Weekly income payments

For a period of up to 5 years. You will need to provide the insurer with updated progress certificates confirming your incapacity for work to get paid. The insurer will calculate your Normal Weekly Earning (NWE) figure based on your earnings 12 months prior to your first date of compensation.  

For the first 26 weeks of your claim you will get paid 100% of your NWE figure. After that, your NWE figure will drop to either 75% or 150 times the NT Worksafe weekly figure for the year, whichever is less. We cannot stop this from happening. 

2. Reasonable medical expenses 

For a period of up to 6 years. The insurer will pay for medical treatment for your injury.  

3. Potential lump sum compensation for a Whole Person Impairment (WPI) assessment 

If your impairment exceeds 5% or more. To conduct this assessment your injury needs to have reached maximum medical improvement. In the event that you have a permanent impairment, it is important to seek legal advice to maximise your potential lump sum compensation.  

Defer: the insurer will have an extra 56 days to investigate your claim. They may speak to you further about the injury or cause, arrange an independent medical examination for you to attend, obtain your medical records or any other material that may assist them with determining your claim. 

Dispute: the insurer does not accept liability for your claim. Link blog Understanding the mediation process: what you need to know. 

If you require assistance with your workers compensation claim, please contact our workers compensation team here or our Darwin office here.