Workers Compensation Lawyers Hobart

Workers Compensation Claim Process In Hobart

Navigating the workers’ compensation process in Tasmania can be challenging, especially when you’re focused on recovery. If you’re injured or develop an illness due to your work, you should notify your employer immediately and complete a Workers’ Compensation Claim Form and First Certificate of Capacity. Your employer must then forward these documents to their workers’ compensation insurer.

Once your claim is lodged, the insurer will assess your eligibility for benefits such as medical and treatment costs, rehabilitation, and weekly income replacement if you’re unable to work. It’s important to follow all procedures carefully and provide detailed documentation, as strict time limits apply under Tasmanian law.

If a dispute arises about your entitlements or the insurer’s decision, you may seek a review through the TASCAT (Tasmanian Civil and Administrative Tribunal) or obtain advice from experienced workers’ compensation lawyers in Hobart. Legal guidance can help ensure your rights are protected and you receive the full compensation you’re entitled to under the TAS workers’ compensation scheme.

Common problems in Tasmanian Workers Compensation claims that we can help with

1. I have a workers compensation claim but I've been served with a TASCAT document
   

   Things were going fine and the worker’s compensation insurer was paying wages and treatment.

   Then one day, you receive a knock at the door or a surprise email from the insurance company or their lawyer advising they’re taking you to the Tribunal.
   In Tasmania, TASCAT deals with Worker’s Compensation disputes and once you get the documents (called a referral) an initial teleconference date will be set. There are time limits that apply and you will need legal advice.

2. Section 77AA
   

   Usually the insurance company must pay or reimburse a medical expense within 28 days.

   If the insurance company is disputing expenses and rejects responsibility for payment, they must do this within 28 days of receiving them under Section 77AA.
   You should get legal advice about this if the insurer rejects payment of an expense.
   There is a time limit of 60 days to file a referral in reply so you need to speak to us quickly.

   Sometimes this is a broader signal that the insurance company would like to settle up your entitlements. In the meantime, your doctor will probably want you to pay the expense or put it through Medicare.

3. Section 81A
   

   When an insurer sends out a Section 81A notice, it usually comes with a hearing date for a telephone/online hearing at the TASCAT. An 81A referral can be filed in the first 84 days of a claim and will cut off your claim altogether.

   The insurer and employer only need to prove there is a reasonably arguable case to succeed. This is a very low bar and it is rare for a worker to win.
   If the worker loses the hearing, then the successful party may try to recover their costs for the hearing.

   You need legal advice quickly about these applications.

4. When there is more than a 14-day gap in medical certificates
   

   You must make sure your medical certificates get to the employer/insurer on time to avoid a gap greater than 14 days. Be very sure that they are actually delivered because there have been cases when an administrative error by someone else has meant the certificate never made it. Even though it was not the worker’s fault, they still had their payments cut off.

   If there was a gap of more than 14 days, this opens the door to the employer/insurer making a referral to cut off the claim.

   These often happen later in the claim and through no fault of the worker but can lead to great financial distress.

   You need to speak to us as soon as possible if you receive a referral under Section 81A or a referral under Section 69(13).

5. Section 86(1)(c) Certificate 
   

   Later in a claim, sometimes the insurer/employer will send the worker for an Independent Medical Examination (IME). As part of this process, they obtain a certificate that says you have ‘wholly or substantially recovered’ from the injuries in the claim.

   This results in your claim being cut off on short notice and can lead to financial hardship while we work to have the claim reinstated or settled.
   We need to file a referral in response to this and there is a 60-day time limit.

   It is imperative that you contact us as soon as possible to discuss your options. If you miss the 60-day time limit is not the end of your claim but should always be avoided as it makes the claim harder for you.

6. Section 88 Referral
   

   Often around the time a Section 86(1)(c) certificate is delivered, a referral under Section 88 may also arrive.

   If the employer/insurer is successful, this referral can reduce your pay to a lower weekly rate or cut off payments altogether. If you receive a Section 88 Referral, contact us as soon as possible so that we can help.

7. Section 143Q Referrals
   Relatively rarely, an insurer may file a referral under Section 143Q. This section empowers the Tribunal to supervise the claim and usually happens when the worker is not completing their rehabilitation. The tribunal may cut off your wages. Receiving a referral under this section indicates that you need legal advice about your claim and your broader entitlements so contact us to help.

8. Section 69 Referrals
   The employer/insurer does not always get the average wage calculation right. If you think they have made an error, such as not including other employment you had or regular overtime we can help get your weekly wages corrected and backpay.
   

Physical Injuries on Construction & Industrial Sites

Physical injuries are among the most common claims, particularly in sectors such as construction, manufacturing, and warehousing. These injuries often include broken bones, crush injuries, lacerations, and soft tissue damage caused by slips, trips, falling objects or equipment malfunctions. Workers in high-risk environments may also be exposed to dangerous machinery or structural hazards, leading to serious, sometimes life-altering injuries. Claims related to these incidents often involve medical expenses, time off work, and rehabilitation support.

Injuries from Slips, Trips & Falls in Office Settings

Not all workplace injuries occur in high-risk environments. Office workers and administrative staff may sustain injuries from falls due to wet floors, poorly maintained flooring, or inadequate lighting. These incidents can lead to back injuries, sprains, or head trauma, which may result in time off work and medical treatment. Although these environments might seem low risk, employers still have a duty to maintain a safe workplace under occupational health and safety regulations. In Hobart, non-government workers are able to make journey injury claims. This means if you are injured on the way to work or on the way home again, you may be covered under your employer’s workers compensation policy.

Fatal Workplace Incidents & Dependency Claims

In the tragic event of a fatal workplace incident, the family of the deceased may be eligible to file a dependency claim for compensation. These claims can cover funeral expenses and financial support for dependants. The process is sensitive and can be complex, especially during a time of grief. Seeking legal assistance can help families access the support available to them while focusing on their emotional well-being. Public liability lawyers in Hobart can assess the circumstances and advise on the best course of action.

Frequently Asked Questions