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Workers' Compensation Law - Your right to pick a rehabilitation provider and treating doctor

Workers’ Compensation Law – Your right to pick a rehabilitation provider and treating doctor

Published on January 20, 2020

Have you been injured at work? If so, you may have a potential claim for benefits under NSW Workers’ Compensation Law.

If you have suffered an injury whilst at work, as negative as the effects of the injury may be on your health, it may also cause you to suffer a loss of income or ability to work. The law in NSW provides an injured worker with the following entitlements:

  1. Weekly compensation (loss of income)
  2. Medical and treatment expenses.
  3. Lump-sum compensation.
  4. Rehabilitation services.
  5. Domestic assistance.

Should you have suffered an injury at work, it is essential that you report the injury to your employer. Once the injury has been reported, it is also essential that you consult your doctor to obtain medical advice and obtain a certificate of capacity for work. You should then proceed to lodging a workers’ compensation claim form, which can be obtained from your employer, doctor or NSW WorkCover.

The insurer is required to assess your claim and will issue a decision to let you know if they have accepted your claim. Should your claim not be accepted, it is essential that you obtain legal advice.

Once the insurer has accepted your claim, you will begin receiving your workers’ compensation entitlements.

The insurer will proceed with arranging an injury management plan for you. This will involve communication between the employer, the insurer, your treating doctor and yourself. The purpose of the injury management plan is to provide you with the framework about how your medical treatment and services along with your employment will be coordinated, in order to achieve the best result for you as an injured worker.

It is essential that you know your rights when dealing with the workers’ compensation insurer – that you are entitled to choose your treating doctor and rehabilitation provider.

It is often the case that an injured worker will use their local general practitioner as their nominated treating doctor. This is good practice, as your local doctor is best suited to advise the workers’ compensation insurer of your injury, treatment and recovery, in order for you receive the best possible outcome for your recovery.

It is often overlooked by many injured workers that you have the right to nominate your rehabilitation provider and more than likely have been dealing with the rehabilitation provider referred to you by the workers’ compensation insurer. The role of the rehabilitation provider is to safely return you to employment following an injury. It is important that the rehabilitation provider’s end goal is to have you recover from your injury. You will find a list of approved rehabilitation providers on the State Insurance Regulatory Authority (SIRA) website.

Should you have any questions regarding your rights in workers’ compensation or have been injured at work, please contact our offices to speak with highly experienced experts in workers compensation for further advice.

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