2.5.4 Claim service and lodgement dates
2.5.4.1 Worker forward date | 2.5.4.2 Employer received date | 2.5.4.3 Worker served date | 2.5.4.4 Employer forwarded to Agent date | 2.5.4.5 Agent received from employer date | 2.5.4.6 Return to work information | 2.5.4.7 Changing service & lodgement dates
Agents are required to identify a number of claim service and lodgement dates and enter the information in ACCtion and Novus.
The dates can affect:
- timeframes to determine liability
- potential penalties for employers who are late in lodging claims for compensation for weekly payments
- potential penalties for employers who are late in providing early notification for mental injury claims and
- deeming provisions.
The type of information required to determine the correct dates differs slightly depending on the type of claim being registered. This section aims to assist Agents to determine the claim service and lodgement dates correctly.
2.5.4.1 Worker forward date
To determine the worker served date the Agent must first establish the worker forward date and employer received date.
The WFD Worker forwarded date is the date a valid claim is given to or served on the employer by the worker by hand, post or fax.
See: Valid claims
Determining the WFD - Claims for medical & like expenses only
| Method | How to calculate |
|---|---|
| Handed to employer |
or
whichever is later. |
| Sent by post | |
| Sent by fax | |
| Sent by email |
Determining the WFD - Claims for compensation in the form of weekly payments
| Method | How to calculate |
|---|---|
| Handed to employer |
The date is derived from when both the worker’s claim form and medical certificate supporting a claim for compensation in the form of weekly payments are sent or handed to the employer. If these documents are sent or handed to the employer at the same time this date is derived from:
whichever is later. If these documents are sent or handed to the employer on different dates then the WFD is reset to the date that the second document (claim form or medical certificate) is sent or handed to the employer. |
| Sent by post | |
| Sent by fax | |
| Sent by email | |
| Sent using myWorkSafe |
2.5.4.2 Employer received date
The employer received date (ERD Employer Received Date) is the actual date the employer first receives a valid claim from the worker.
The ERD is not necessarily the date recorded by the person signing the employer questions of the Worker’s Injury Claim form, as the claim may have been received in another department. A claim is considered to be first received by the employer when the valid claim is received by someone duly authorised to represent the employer to receive the claim on the employer’s behalf.
Exceptions to entering ERD
There is no ERD if the claim is lodged directly on WorkSafe or the Agent.
If the claim is a worker notification of a claim, then the ERD can only be determined when the original claim documents are received from the employer.
See: Worker notifies Agent of a claim
Determining the ERD - Claims for medical & like expenses
| Method employer received from worker | How to calculate ERD |
|---|---|
| Handed to employer | This date is derived from the ‘When did the employer first receive the worker’s completed claim form?’ field in Part A of the Worker’s Injury Claim form |
| Sent by post | |
| Sent by fax | This date will be derived from the date/time appearing in the fax header. |
| Sent by email | This date will be derived from the date/time appearing in the email frame. |
Determining the ERD - Claims for compensation in the form of weekly payments
| Method employer received from worker | How to calculate ERD |
|---|---|
| Handed to employer |
Where the claim form and the medical certificate are received at the same time the date is derived from:
Where the claim form and the medical certificate are received separately: If these documents are sent or handed to the employer on different dates then the WFD is reset to the date that the second document (claim form or medical certificate) is sent or handed to the employer. |
| Sent by post | |
| Sent by fax |
Where the claim form and the medical certificate are received at the same time the date will be derived from:
Where the claim form and the medical certificate are received separately the date will be derived from:
|
| Sent by email |
Where the claim form and the medical certificate are received at the same time the date will be derived from:
Where the claim form and the medical certificate are received separately the date will be derived from:
|
| Sent via myWorkSafe |
Where the claim form and the medical certificate are sent using myWorkSafe at the same time the date will be derived from:
Where the claim form and the medical certificate are received separately the date will be derived from:
|
2.5.4.3 Worker served date
Once the Agent has determined the WFD and the ERD it can determine the worker served date (WSD Worker served date).
The WSD is determined from the information provided by the worker and employer to enable the date of service to be established.
Exceptions to entering WSD
A claim form lodged directly does not have a WSD because it has not been served on the employer.
Determining WSD
This date is derived from:
- what the worker advises as to when and how they forwarded a valid claim form to the employer and
- when the employer advises that they received the valid claim form from the worker.
Determining WSD - Claims for medical & like expenses
| Method | How to calculate |
|---|---|
| Handed to employer
|
Worker: WSD is the same as the WFD |
|
Employer: when the employer advises they received the valid claim from the worker and should be the same as the ERD. |
|
| Sent by post
|
Worker: WSD is the earlier of the ERD and WFD plus two working days for postage. (This is calculated with the WFD being counted as day 0). |
|
Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. |
|
| Sent by fax
|
Worker: WSD is the date the fax transmission report shows as the date of delivery if sent during normal business working hours or the next business day if the email is received outside normal. |
|
Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. |
|
| Sent by email
|
Worker: WSD is the date the email is received into the employer’s nominated email address if sent during normal business working hours or the next business day if the email is received outside normal business hours. |
|
Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. |
Determining WSD - Claims for compensation in the form of weekly payments
| Method | How to calculate |
|---|---|
| Handed to employer |
Where the claim form and the medical certificate are received at the same time. Worker: WSD is the same as the WFD. Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. Where the claim form and the medical certificate are received separately. Worker: WSD is the same as the WFD. If these documents are sent or handed to the employer on different dates then the WFD is reset to the date that the second document (claim form or medical certificate) is sent or handed to the employer. Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. If these documents are sent or handed to the employer on different dates then the WFD is reset to the date that the second document (claim form or medical certificate) is sent or handed to the employer. |
| Sent by post |
Where the claim form and the medical certificate are received at the same time. Worker: WSD is the earlier of the ERD and WFD plus two working days for postage. (This is calculated with the WFD being counted as day 0). Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. Where the claim form and the medical certificate are received separately. Worker: WSD is the earlier of the ERD and WFD plus two working days for postage. (This is calculated with the WFD being counted as day 0). If these documents are sent or handed to the employer on different dates then the WFD is reset to the date that the second document (claim form or medical certificate) is sent or handed to the employer. Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. If these documents are sent or handed to the employer on different dates then the WFD is reset to the date that the second document (claim form or medical certificate) is sent or handed to the employer. |
| Sent by fax |
Where the claim form and the medical certificate are received at the same time. Worker: WSD is the date the fax transmission report shows as the date of delivery if sent during normal business working hours or the next business day if the email is received outside normal. Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. Where the claim form and the medical certificate are received separately. Worker: WSD is the date the fax transmission report shows as the date of delivery if sent during normal business working hours, or the next business day if the email is received outside normal. If these documents are sent or handed to the employer on different dates then the WFD is reset to the date that the second document (claim form or medical certificate) is sent or handed to the employer. Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. If these documents are sent or handed to the employer on different dates then the WFD is reset to the date that the second document (claim form or medical certificate) is sent or handed to the employer. |
| Sent by email |
Where the claim form and the medical certificate are received at the same time. Worker: WSD is the date the email is received into the employer’s nominated email address if sent during normal business working hours or the next business day if the email is received outside normal business hours. Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. Where the claim form and the medical certificate are received separately. Worker: WSD is the date the email is received into the employer’s nominated email address if sent during normal business working hours or the next business day if the email is received outside normal business hours. If these documents are sent or handed to the employer on different dates then the WFD is reset to the date that the second document (claim form or medical certificate) is sent or handed to the employer. Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. If these documents are sent or handed to the employer on different dates then the WFD is reset to the date that the second document (claim form or medical certificate) is sent or handed to the employer. |
| Sent via myWorkSafe |
Where the claim form and the medical certificate are received at the same time. Worker: WSD is the date the email from myWorkSafe is received into the employer’s nominated email address if sent during normal business working hours or the next business day if the email is received outside normal business hours. Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. Where the claim form and the medical certificate are received separately. Worker: WSD is the date the email from myWorkSafe is received into the employer’s nominated email address if sent during normal business working hours or the next business day if the email is received outside normal business hours. If these documents are sent or handed to the employer on different dates then the WFD is reset to the date that the second document (claim form or medical certificate) is sent or handed to the employer. Employer: when the employer states they received the valid claim from the worker and should be the same as the ERD. If these documents are sent or handed to the employer on different dates then the WFD is reset to the date that the second document (claim form or medical certificate) is sent or handed to the employer. |
Determining WSD - Worker notifies Agent of claim
The WSD, in the case of worker notification of a claim, can only be established from the worker’s information because the information from the employer is yet to be received.
See: Worker notifies Agent of claim
WSD on the worker’s and employer’s form is different
If the WSD based on the worker’s information and employer’s information are different then the Agent:
- should ascertain from the worker if there was a delay between completing the ‘claim given to employer date’ or ‘when did/will you give your employer this claim form?’ and sending or hand delivering the claim form and
- confirm whether the Certificate of Capacity Ongoing certificate is issued for up to 28 days and can be issued by a: medical practitioner, osteopath, physiotherapist, chiropractor. was sent or handed to the employer at the same time. If different, verify the date the certificate was sent or handed to the employer.
Ascertain from the employer:
- the date the employer first received the valid claim
- that the person listed by the worker as being handed or served with the claim, can validate receipt and the date of receipt of the claim
- whether the worker’s claim form and certificate were received together or separately and if separately, the date the latter document was received and
- if the claim was received during a shutdown.
The WSD derived using the worker’s information will be used unless the employer can provide an acceptable reason as to why the employer’s information should be used.
Reasons for when the WSD to be based on the employer’s information
The following are possible reasons as to when the ERD will be the WSD:
- the ‘date claim given to employer’ or ‘when did/will you give your employer this claim form?’ field on the worker’s claim form being left blank
- workplace closure, for example, during a holiday period (applies if the claim would not have been received before the workplace closure)
- employer has documentary evidence to show that the worker’s information is incorrect, for example, conflicting dates indicated by date stamp/envelope, etc
- postal strike and
- interstate or overseas postal delivery (up to five working days are allowed between the WFD and ERD for intrastate postage, seven working days for interstate postage and 14 working days for overseas postage).
Establishing the ERD during a shutdown
The giving or serving of a claim is not complete until the claim is received. During a company shutdown, there may be no-one to ‘receive’ a claim. In such cases, the ERD will be the earlier of the:
- first day the company re-opened after the shutdown
- day the claim was collected and administered if someone was collecting and administering mail during the shutdown.
Agents should encourage those employers that shutdown for any period to set up processes to ensure workers are aware of the shutdown and that they know where and upon whom to serve their claim during this time.
Establishing the ERD when worker emails claim or uses myWorkSafe
The giving or serving of a claim is not complete until the claim is received. Where an employer has given consent to receive claim forms via email or myWorkSafe, the claim form will be deemed as 'given or served' on the date shown in the employer’s email 'inbox' as:
- the time shown if during normal business hours or
- the next working day, where the time shown is outside normal business hours.
Agents should encourage those employers that allow workers to give or serve claims via email or the myWorkSafe to continue to monitor the nominated email address for new claims on a regular basis.
Where an employer has not given consent to receive claims via email as outlined above and a worker emails their claim form to their employer’s email address, the claim form will not be considered given to or served on the employer.
2.5.4.4 Employer forwarded to Agent date
The Employer Forward to Agent Date (EFAD Employer forward to Agent date) is the date on which the employer sends a valid claim to the Agent.
The employer must complete the ‘date claim forwarded to Agent’ field on the worker’s claim form. This date must be on or after the WFD and the ERD.
Note: The date of any covering letter accompanying the claim and EFAD recorded on the claim form should be the same. If not, the later of these dates should be the EFAD.
How the EFAD is established - claims for medical & like expenses
| Method employer forwarded to Agent | How to calculate EFAD |
|---|---|
| Sent by post | The ‘date worker’s claim form forwarded to Agent’ field on the worker’s claim form. |
| Sent by fax |
The date/time appearing in the fax header. If the date and time is during normal business hours it will be declared received that day. If the date and time is outside of normal business hours it will be declared as being received the next business day. |
| Sent by email |
The date/time appearing in the email frame. If the date and time is during normal business hours it will be declared received that day. If the date and time is outside of normal business hours it will be declared as being received the next business day. |
| Electronic lodgement |
The date/time appearing in the Agent Portal frame of the Claims Lodgement section of the Agent Portal. If the date and time is during normal business hours it will be declared received that day. If the date and time is outside of normal business hours it will be declared as being received the next business day. |
How the EFAD is established - claims for compensation in the form of weekly payments
| Method employer forwarded to Agent | How to calculate EFAD |
|---|---|
| Sent by post |
Claim form and the medical certificate received at the same time:
Claim form and the medical certificate are received separately:
If these documents are sent or handed to the employer on different dates then the WFD is the date that the second document (claim form or med cert) is sent or handed to the employer. |
| Sent by fax |
Claim form and the medical certificate are received at the same time:
Claim form and the medical certificate are received separately:
|
| Sent by email |
Claim form and the medical certificate are received at the same time:
Claim form and the medical certificate are received separately:
|
| Electronic lodgement (including via myWorkSafe) |
The date/time appearing in the Agent Portal frame of the Claims Lodgement section of the Agent Portal:
|
Direct lodgement claims and where worker notifies Agent of a claim
If the claim is a direct lodgement claim then there is no EFAD because the documents have not been forwarded by the employer.
If the employer forward date is not completed
If the employer has not completed the ‘date claim forwarded to Agent’ field, then the EFD is:
- the date of the covering letter from the employer or
- if the employer has not included a covering letter, then the EFD is the date on which the Agent received a valid claim, less two working days postage. (The ARED is counted as day 0).
Normal business hours: Between the hours of 9:00am to 5:00pm - Monday to Friday (excluding public holidays).
2.5.4.5 Agent received from employer date
The Agent Received from Employer Date (ARED) is the date a valid claim is received from the employer.
Note that receipt of both Parts A and B constitutes receipt of a complete claim. i.e. neither part alone will constitute receipt of a complete claim (except for in the case of direct lodgement), and the claim determination timeframe of 28 days will not commence until both have been received.
The ARD Agent received date and ARED will be the same unless the claim is a direct lodgement claim, in which case there will be no ARED.
| Method Agent received from employer | How to calculate ARD |
|---|---|
| Sent by post | The date that the claim form was date stamped by the Agent’s ‘mailroom’ |
| Sent by fax | The date shown in the fax header as being received is the actual Agent Received Date regardless of the time the fax is received. |
| Sent by email | The date shown in the email as being received by the Agent’s email system is the actual Agent Received Date regardless of the time the email is received. |
| Electronic lodgement (including by myWorkSafe) | This date will be derived from the date/time appearing in the email frame of the Claims Lodgement section of the Agent Portal regardless of the time the lodgement is received. |
Where the claim form is received directly from the worker
If the claim documents are first received and meets the requirements of a direct lodgement by the Agent from the worker the ARD will be the date the documents were received. There will be no ARED on these claims.
If the claim documents relate to where a worker notifies Agent of a claim the ARED will be the date the original claim documents are received from the employer.
See: Worker notifies Agent of a claim
2.5.4.6 Return to work information
For a claim involving time loss, Agents need to know if and when the worker has returned to work.
If the worker has returned to work, the return to work date might be on the claim form or Certificate of Capacity. If not, the Agent must phone the employer to determine if the worker has resumed work.
If the certificate covers the worker to date or past the employer threshold period, Agents should assume that the worker has not resumed work.
2.5.4.7 Changing service & lodgement dates
Agents may need to make changes to the claim service and lodgement dates where:
- a claim is already registered as one claim type and is upgraded to another claim type or
- the original claim documents following a worker’s notification to the Agent of a claim are received from the employer.
Upgrading claims - minor MEO claim to standard MEO claim
A minor MEO Medical expenses only claim is upgraded to a standard MEO claim when the employer’s medical and like expenses threshold is reached.
When this occurs the ARD will be the date the document that is received that advises the Agent that the threshold has been reached. The WSD, ERD and EFAD need to be changed to the same date as the ARD.
Minor MEO claim to minor or standard time loss claim
A minor MEO claim is upgraded to a minor or standard time loss claim when the worker has an incapacity for work. This could be the receipt of the medical certificate The first medical certificate is for a maximum of 14 days and can only be issued by a registered medical practitioner. certifying the working as having an incapacity for work or the employer advises that the worker has ceased work due to the injury. The WSD, ERD EFAD and ARD need to be changed to reflect the dates the medical certificate supporting the worker’s incapacity for work is served on the employer and forwarded to the Agent.
See: Worker forward date
Standard MEO to time loss claim
A standard MEO claim is upgraded to a time loss claim when the worker has an incapacity for work.
The WSD, ERD and EFAD need to be changed to reflect the dates the certificate supporting time loss is given to or served on the employer and forwarded to the Agent.
Minor to standard time loss claim
A minor time loss claim is upgraded to a standard time loss claim when the employer’s excess is reached (10 days time loss). No dates are required to be changed as the WSD, ERD and EFAD remain the same.
Worker notification of a claim for minor/standard time loss (employer lodged)
When a notification of a claim has been received from the worker it advises the Agent that a claim in the form of weekly payments has been served on the employer.
It is important the WSD is confirmed and the ERD, EFAD and ARED are entered when the claim documentation is received by the Agent from the employer.
Changing dates
The Agent can amend information about the nature of injury and incident after the claim has been registered if the information is found to be incorrect or the claim is required to be upgraded.
Agents can amend data about:
- worker served date (WSD)
- employer received date (ERD)
- employer forwarded to Agent date (EFAD)
- direct lodgement flag.
The Agent received date (ARD) and the Agent received from the employer date (ARED) cannot be amended once the registration of the claim has been completed.
Process for Agents to request amendments
If the Agent has incorrectly populated the WSD, ERD, EFAD or DL flag, they must:
- investigate the incorrect data
- establish the correct data