2.2 Make a claim
2.2.1 Worker completes claim form | 2.2.2 Approved forms | 2.2.3 Valid claims | 2.2.4 Invalid claims | 2.2.5 Invalid medical certificate | 2.2.6 Service of claim on employer | 2.2.7 Forward claim to Agent | 2.2.8 Medical authority
Worker notifies employer of injury
The worker or another person on their behalf, must give the employer notice of an injury or illness within 30 days after they become aware of the injury or illness. If notice is not given the worker may not be entitled to compensation.
Worker does not notify employer of injury
The Agent can waive or extend the 30 day timeframe for giving notice of injury or illness if one of the following applies:
- it was not reasonably practicable for the worker or another person on their behalf, to have given notice. Examples include:
- ignorance or mistake or
- undue influence or duress or
- being absent from Victoria
- failure to give notice of the injury did not unfairly prejudice the employer
- the failure to give notice within the 30 day timeframe would result in a serious injustice to the worker.
Injury result of a motor vehicle accident – police report
If a claim for compensation relates to an injury resulting from an accident involving a motor vehicle, the worker must report the accident to a member of the police force. The claim is not deemed to be made until the report has been made.
The worker (whether a pedestrian, passenger or driver) must:
- ensure any accident involving a motor vehicle is reported to the police (it can be reported at any time) and
- provide evidence to the Agent that they have reported the accident to the police.
Evidence can be:
- information on the Claim form or
- a note or statutory declaration from the worker or
- a copy of the police report.
Evidence must include:
- which police station and police officer the accident was reported to and
- the date and time of report and
- the reference number if available.
Agents request for police reports or special authorisation from WorkSafe
Agents can send claim forms and Request for Police Report Details form to DMD_Recoveriesforms@worksafe.vic.gov.au.
WorkSafe will confirm and record on ACCtion the Police report number or Special Authorisation details to enable the Agent to determine liability.