188.8.131.52 Calculate gradual process injuries
The date of injury needs to be identified when an injury occurs by way of gradual process over time.
Establishing injury date
The date of injury must be established as follows.
The injury is deemed to have been sustained on the last day on which the worker was:
- performing duties or
- exposed to conditions
- by reason of which the injury was due to the nature if the worker’s employment or arose out of or in the course of the worker’s employment or
- if on the day on which the worker gives, serves or lodges the claim for the injury, the worker is still performing duties or exposed to conditions by reason of which the injury was due to the nature of the workers employment or arose out of or in the course of the worker’s employment, the injury is deemed to have been sustained on the day the worker makes the claim
- if the worker is no longer employed by the employer against whom the claim is made, the date of injury is the last day worked
- if the worker is still employed by the employer against whom the claim is made, the date of injury is the date the claim is served on the employer.
Information to consider in determining the date of injury for gradual onset injuries
The following information may be considered to determine a gradual onset injury and the deemed date of injury:
- clinical notes and medical history from the worker’s THP Treating Health Practitioner, confirming an injury has been sustained and the absence of a specific incident contributing to it
- the nature of the duties of employment and whether these duties had changed following notification of the claimed injuries or over time
- the nature of the conditions of employment and whether the conditions had changed following notification of the claimed injuries or over time
- duration of employment with the claimed injury employer
- information as to whether the worker is or was employed elsewhere and the nature of these duties or the conditions of employment
- other claims for compensation made by the worker (if any) for injuries claimed arose out of a specific event/s or recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease
- employer’s claims history (if any) to determine whether the nature of the employment is of a class or type to cause injuries of a gradual process nature.