WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 52
This legislation has been repealed.
WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 52
52—Claim for compensation
(1) Subject to this
section, a claim for compensation—
(a) must
be made in a manner and form approved by the Corporation; and
(b) must
be made within the prescribed period; and
(c) must
be supported by a certificate in the designated form by a
recognised medical expert certifying—
(i)
the nature of the injury;
(ii)
the probable cause of the injury so far as that is
ascertainable by the medical expert;
(iii)
where the claimant claims to be incapacitated for
work—the extent and probable duration of the incapacity;
(iv)
whether the medical expert has personal knowledge of the
worker's workplace and, if so, the extent of that knowledge and whether the
medical expert has discussed with the employer the kinds of work that might be
appropriate for the worker in view of the injury.
(2) Where notice of an
injury is required under this Division, a claim for compensation may not be
made in respect of that injury unless notice of the injury has been given in
accordance with this Division.
(3) Notwithstanding subsections (1)
and (2)
—
(a) the
absence of, or a defect in, a notice of injury is not a bar to the making of a
claim if—
(i)
the proper determination of the claim has not been
substantially prejudiced; or
(ii)
the failure to give the notice, or the defect in the
notice, was occasioned by ignorance of the claimant, mistake or absence from
the State, or other reasonable cause; and
(b) a
failure to make a claim within the prescribed period is not a bar to the
making of a claim if—
(i)
the proper determination of the claim has not been
substantially prejudiced; or
(ii)
the failure to make the claim within the
prescribed period was occasioned by ignorance of the claimant, mistake or
absence from the State, or other reasonable cause.
(4) A claim for
compensation must be given as follows:
(a)
where the worker is at the commencement of the incapacity in
employment—the claim must be given to the employer;
(b) in
any other case—the claim must be given to the Corporation.
(5) Within 5 business
days after receipt of a claim under this section, an employer (not being a
self-insured employer) shall forward to the Corporation—
(a) a
copy of the claim;
(b) a
statement in the designated form containing such information as may be
prescribed.
Maximum penalty: $1 000.
(5a) An employer (not
being a self-insured employer) must furnish to the Corporation, in such manner
and form as the Corporation may determine, such other information as the
Corporation may reasonably require in order to determine a claim.
Maximum penalty: $1 000.
(6) Where it appears
from a claim that the worker was not, at the time of making the claim, in the
employment of the employer from whose employment the injury arose, the
Corporation shall (where it is practicable to do so) notify that employer of
the claim.
(6a) The Corporation
may dispense with a requirement under this section.
(6b) A
self-insured employer may dispense with the requirement for a certificate
under subsection (1)(c)
if a claim is only for compensation under section 32
.
(7) In this
section—
"prescribed period", in relation to the making of a claim in pursuance of this
section, means the period of 6 months commencing on the day on which the
entitlement to make the claim arises.