Workers Compensation and Rehabilitation

Injury Management is the process that comprises activities and procedures established and undertaken for the purpose of achieving a timely, safe and durable return to work for workers following workplace injuries/illness.

UWS is committed to preventing injury and illness through providing a safe and healthy working environment and providing for the welfare of employees. The UWS Return to Work Program (PDF, 34.07 KB) includes a summary of the processes involved when a workplace injury occurs including injury management, responsibilities of various parties, rehabilitation and return to work.

Yes. Please see the Injury Management Policy.

In NSW, if you are injured or develop an illness through the course of your employment, and work is determined to be a real and substantial contributing factor to your injury or illness, you may be eligible to receive workers compensation benefits in relation to the injury or illness, under the:

NSW Workers Compensation Act 1987 (opens in a new window), and

NSW Workplace Injury Management and Workers Compensation Act 1998 (opens in a new window).

Legal liability for workers compensation claims is determined by the University’s insurer having regard to:

• The legislation
• The circumstances of the claim
• Medical evidence
• Relevant information provided by the claimant and/or the University
• Previous cases that may be similar for which legal liability has been accepted.

Occupational based rehabilitation is a process whereby an injured employee may be brought back to work on 'alternative duties' as part of a 'return to work plan'.

Return to work plans, when required, are developed in consultation with the injured employee, the treating doctor, the supervisor and the Rehabilitation Coordinator.

If the employee has severe injuries or has a complex illness or disease a Rehabilitation Provider may also be involved. All rehabilitation providers are external organisations who are independent and who are accredited by the WorkCover NSW. Rehabilitation providers are appointed by the insurer to oversee and coordinate injury management and return to work processes.

Yes. Casual or part-time employees are covered provided the injury or illness arose out of, or in the course of, their employment where the employment is a substantial contributing factor.

Please see the WorkCover website (opens in a new window) for more information.

The legislation provides for any employee to claim workers compensation benefits when they suffer an injury or contract a disease which arises out of, or in the course of, their employment where the employment is a substantial contributing factor.

Workers compensation benefits are also payable for injuries received on a normal journey to or from work (without significant interruption or diversion) or during an authorised recess, providing the employee did not expose themself to any abnormal risk of injury.

If you have been injured and need to claim workers compensation you should:

• Complete an in-house Accident/Injury/Incident/Hazard Notification Form (PDF, 118.93 KB) (opens in a new window)
• Visit your family doctor and obtain a WorkCover NSW - Certificate of Capacity
  

The above-mentioned documents must be completed and forwarded to the WHS Unit within 48 hours from the date of the injury.

In New South Wales, employees' entitlements to rehabilitation and workers compensation are protected under the NSW Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998.

Under these laws the employer is legally bound to take out and maintain a current workers compensation policy so that injured employees are able to access rehabilitation and workers compensation benefits if they are injured.

WorkCover NSW administers both Acts and is responsible for ensuring that employers establish systems and procedures to comply with the legislation.

The WorkCover NSW website (opens in a new window) provides more background information about the legal obligations of employers.

Yes, only if you believe there is a real and substantial connection between your employment and the accident or incident which results in an injury. If you are injured in a motor vehicle accident while traveling between your home and workplace you may be entitled to compensation under the Compulsory Third Party (CTP) Scheme. Information on CTP entitlements is available on the Motor Accidents Authority website (opens in a new window).

Yes, you may be able to make a claim for injuries suffered in the course of most journeys (without significant interruption or diversion) to and from your:

• Home (place of abode) and place of employment
• Home, place of employment and educational institution if it is required for your employment
• Home, place of employment and any other place you are required to attend for work-related reasons
  

Note: You will not be able to receive compensation for a journey claim if there is 'serious and wilful misconduct' by the worker. For example, if a worker is involved in a motor vehicle accident on the way home from work and is found to be under the influence of alcohol or other drugs which contributed to an injury sustained in the motor vehicle accident.

You may have the option of claiming either workers compensation for personal injury or through compulsory third party (CTP) if another driver is found to be at fault.

Only personal injury to you can be claimed on a worker's compensation journey claim, no vehicle or property damage can be claimed.

Yes. All Claims for workers compensation must be supported by a WorkCover NSW - Certificate of Capacity. The certificate must be completed by your treating doctor (usually your family doctor) and submitted with the claim form.

Please see the WorkCover NSW website (opens in a new window) for more information about WorkCover NSW - Certificate of Capacity.

In NSW any person who is not a 'worker' or 'deemed worker' (employee) does not have access to workers compensation entitlements (see 'Who is Eligible to Claim Workers Compensation?' on this page).

The University of Western Sydney has taken out special insurance to cover any liabilities that may arise when a non employee is injured whilst on University property. The person can only recover compensation provided they can prove that there has been negligence on the part of the University.

Students are covered by special policies that have been taken out by the University and the Students' Union. For more information you should contact the Office of the Dean of Students and/or the Students' Union.

If a student is employed by the University and suffers an injury or contracts a disease which arose out of, or in the course of, their employment where the employment is a substantial contributing factor, they are entitled to the same benefits as an employee.

To make a claim they must follow the same process as every other employee.

There are a number of forms that are relevant to claiming workers compensation. Not all forms need to be filled out in every case. To assist you to choose the appropriate form there is a short explanation of the forms below along with a link.

NOTE: Do not complete a claim form until you have spoken to one of the Injury Management Coordinators in the WHS Unit. You may not need to complete a form as there may already be sufficient information about your injury in order for a claim to be lodged.

Failure to complete claims forms accurately, and in full, may result in your benefits being delayed or your claim being denied.

The Employers Mutual Workers Compensation Claim Form (opens in a new window) should be completed in some cases when claiming workers compensation. Claimants must complete the form fully and provide as much information as possible regarding the injury. There is no need to complete the employers section of the form as this will be completed by the WHS Unit.

The Accident/Injury/Incident/Hazard Notification Form (PDF, 118.93 KB) (opens in a new window) must be completed in every case when claiming workers compensation. Claimants must complete the form fully and provide as much information as possible regarding the accident and injury.

The Journey Claim Form (PDF, 33.45 KB) (opens in a new window) is to be completed when making a 'journey claim'. This form is to be competed in addition to the Workers Compensation Claim Form as it provides supplementary information for the insurance company.

The Statement of Witness to an Injury (PDF, 64.36 KB) (opens in a new window) form is to be completed by any person who has been a 'Witness to Injury' and who may need to be contacted by the insurer.