Injury Lifecycle Series: What happens after a workers’ compensation claim has been lodged?

Once a worker lodges a workers’ compensation claim, the focus moves to managing the claim correctly, meeting statutory timeframes and supporting the worker’s recovery and return to work. These responsibilities should be considered early and should not be deferred simply because claim liability has not yet been determined.

Step 1: Recognise when a claim has been received

A worker makes a workers’ compensation claim by giving the employer a completed and signed Worker's Injury Claim Form – Part A. A Certificate of Capacity will also generally be required where the worker is claiming weekly payments due to incapacity for work. Employers should record the date the claim is received as statutory timeframes may run from that date. Importantly, employers must not refuse to receive a claim from an employee who alleges they have suffered a work-related injury or illness.

Step 2: Acknowledge receipt and check the paperwork

Once a claim is received, employers should promptly acknowledge receipt in writing, record the date of receipt and review for any apparent omissions. The employer should complete the relevant employer sections of the claim form and provide a copy to the worker. Acknowledging receipt does not mean the employer accepts liability.  The employer should not alter the worker’s account of the injury. Any concern about the claim should be documented separately and provided to the relevant WorkSafe agent with relevant supporting information.

Step 3: Meet the claim notification and lodgement deadlines

Employers must promptly forward claim documentation to their WorkSafe agent within 10 calendar days of receiving the claim.

Different notification requirements apply where a claim includes a mental injury. Employers must complete and forward Part A of the Worker’s Injury Claim Form to their WorkSafe agent within 3 business days of receiving the claim.  Part B and any required supporting documents must be forwarded within 10 calendar days.  The employer may submit both forms together, provided that it occurs within the 3 business days timeframe.

Early notification allows eligible workers with a mental injury to access provisional payments for reasonable treatment and services while liability for the claim is determined.

Where an employer wishes to dispute liability, it is important to raise those concerns when lodging the claim and provide all relevant information and supporting evidence to the agent promptly. Employers should seek advice before presenting a formal position on liability, particularly where the circumstances are complex or disputed.

Step 4: Understand the claim assessment process

For an employer-lodged claim, the WorkSafe agent generally has 28 calendar days from receiving the claim to determine whether the claim will be accepted or rejected and notify the worker of its decision. During this period, a worker may request access to available leave entitlements, subject to the usual notice and evidence requirements. If the claim is subsequently accepted and compensation becomes payable for the same period, the employer should confirm any necessary payroll and leave adjustments.

Importantly, employers should not wait for the outcome of the claim before considering recovery and return-to-work arrangements. We recommend employers commence planning for return to work as soon as possible after the claim is lodged, even where liability is disputed.

Step 5: Understand your return-to-work obligations

One of the key objectives of Victoria's workers compensation scheme is the effective rehabilitation of injured workers and their early return to work.

Employers have several return-to-work obligations under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), including obligations to:

• Plan and coordinate the worker’s return to work
• Provide suitable employment, workplace adjustments and reasonable supports
• Consult with the worker and relevant health and rehabilitation providers (with consent)
• Monitor capacity, recovery and return-to-work progress
• Protect the worker’s privacy and provide return-to-work information.

The legislation places a strong emphasis on rehabilitation and returning injured workers to meaningful employment wherever possible.

Step 6: Provide suitable duties where appropriate

A common misconception is that a worker must be fully recovered before returning to work. In many circumstances, a worker may be medically certified as having some capacity for work, even though they cannot perform all pre-injury duties or hours.

During the employment obligation period, employers must consider whether suitable duties or temporary workplace adjustments can be provided where reasonable. Suitable employment may involve modified duties, reduced hours, alternative tasks, workplace supports or other practical adjustments that support recovery while keeping the worker connected to the workplace. Any duties offered should be safe, consistent with the worker’s capacity and developed through consultation with the worker.

Remaining engaged in safe and appropriate work often supports both recovery and return to employment outcomes. The workers compensation scheme specifically promotes the provision of suitable employment to enable early return to work.

Step 7: Understand the 52-week employment obligation period

Victorian workers’ compensation legislation requires an employer to provide pre-injury or suitable employment to an injured worker during the employment obligation period, to the extent that it is reasonably practicable.  The employment obligation period is an aggregate 52 consecutive calendar weeks as notified by the WorkSafe agent. Employers must provide suitable employment where the worker has capacity, and it is reasonable to do so.

If the worker ceases to be incapacitated within the first 52 weeks following acceptance of the claim, the employer must provide the worker with their pre-injury employment of an equivalent position.

The end of the employment obligation period does not automatically give an employer the right to end the worker’s employment. Employers should seek advice before making any decisions regarding the ongoing employment of an injured worker, as specific legal protections may apply.

Common mistakes to avoid

• When managing a worker’s compensation claim, employers should avoid:
• Refusing to receive or forward a claim form
• Missing statutory notification or lodgement deadlines
• Delaying return-to-work planning while awaiting a liability decision
• Assuming a worker must be fully recovered before returning to work or offering duties that are inconsistent with the worker’s certified capacity
• Failing to consult with the worker about return-to-work arrangements
• Failing to maintain the confidentiality of an injured worker’s personal and medical information
• Treating a workers compensation claim as a disciplinary issue
• Making decisions regarding a worker’s ongoing employment without obtaining specialist advice.

These actions may result in non-compliance, delay the worker’s recovery, damage the employment relationship, and expose the business to compensation, discrimination or occupational health and safety risks. 

How the Victorian Chamber can help

If you’re unsure how to manage workplace injuries in your workplace, Victorian Chamber members can access support through our Workplace Relations Advice Line. Where matters are more complex or require hands-on assistance, enquiries can be escalated for tailored advice and support. Contact the Advice Line on 03 8662 5222.