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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 20 Claim for compensation

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 20

Claim for compensation

    (1)     A claim for compensation under this Act or the Accident Compensation Act 1985 must be in a form approved by the Authority in respect of that type or class of claim.

    (2)     A claim for compensation in the form of weekly payments must—

        (a)     state the date on which the worker ceased work because of the injury; or

        (b)     be accompanied by a medical certificate in accordance with section 25; or

        (c)     be supplemented at a later date by a medical certificate in accordance with section 25.

    (3)     A claim for compensation (other than a claim arising from the death of a worker) must include an authority, signed by the worker, authorising a provider of a medical service or hospital service to the worker in connection with the injury to which the claim relates to give to the Authority, self-insurer or employer information regarding the service relevant to the claim.

    (4)     If a claim for compensation in the form of weekly payments has been given to or served on the employer or self-insurer or lodged with the Authority but was not accompanied, or supplemented, by a medical certificate in accordance with section 25, compensation in the form of weekly payments is not payable unless and until a medical certificate in accordance with section 25 has been given to or served on the employer or self-insurer or lodged with the Authority.

    (5)     A claim for compensation—

        (a)     must be given to or served on the employer or self-insurer; or

        (b)     if section 29 or 31(4) applies, may be lodged with the Authority.

    (6)     A claim for compensation is deemed to have been given to or served on the employer or self-insurer or lodged with the Authority if it is given, served or lodged in accordance with guidelines made by the Minister in accordance with section 23.

    (7)     A claim is deemed to have been made in accordance with this section despite any material defect, omission or irregularity in the claim that relates to information that is within the knowledge of the employer or self-insurer or the Authority, as the case requires.

    (8)     Subject to subsection (9), a claim for compensation must be given, served or lodged under this section or section 29 or 31

        (a)     in the case of a claim for compensation in the form of weekly payments, as soon as practicable after the incapacity arising from the injury becomes known; or

        (b)     in the case of a claim for compensation under section 235, 236, 237 or 241 of this Act or section 92, 92A or 92B of the Accident Compensation Act 1985 , within the period of 2 years after the date of the death of the relevant worker; or

        (c)     in the case of a claim for compensation under Division 7 of Part 5 of this Act or Division 2B of Part IV of the Accident Compensation Act 1985 , within 6 months after the date of the relevant service.

    (9)     If the Authority or self-insurer is satisfied that a person making a claim for compensation had a special excuse for not making the claim within the relevant applicable time limit, the Authority or self-insurer may waive or extend the time limit to enable the claim for compensation to be made.

    (10)     Any instrument made by the Authority setting out the form of a claim for compensation must be—

        (a)     published on a Government Internet website; and

        (b)     available for inspection by members of the public without charge at the office of the Authority during normal business hours.