6.5.1 Employer obligations for mental injury claims
Note: employer early notification obligations commence on, and provisional payments are only available for claims made on or after, 1 July 2021.
Employer checks whether the claim includes a mental injury
A worker may indicate that they have a mental injury by:
- ticking the ‘mental injury’ box in Question 2 of the Worker’s Injury Claim Form
- indicating in the free text responses in Question 2 that the worker has a mental injury, for example by reference to stress, anxiety, depression, psychological condition.
If the worker indicates that they have a mental injury, the requirement to provide early notification within 3 business days applies, regardless of:
- whether the employer believes that a mental injury has occurred
- whether the claimant A person who applies for WorkCover benefits. is a worker of the employer on whom the claim was lodged
- whether the claim is a duplicate claim.
Employer obligations where claim includes mental injury
Employer completes relevant questions in Part A and Part B → forwards Part A within 3 business days of receiving the claim and Part B within 10 calendar days.
If the claimant is not the employer’s worker, the claim form must still be forwarded to the Agent and evidence of this should be attached to Part A with the early notification.
Business day means a day other than a Saturday, Sunday or public holiday.
Employers may be financially penalised if they do not adhere to the legislative timeframes.
See: 2.3.4 Penalties for late lodgement and additional liability | 5.3.5 Employer obligations - penalty units
Note: If a Certificate of Capacity Ongoing certificate is issued for up to 28 days and can be issued by a: medical practitioner, osteopath, physiotherapist, chiropractor. indicating a mental injury is received after the claim has been forwarded to the Agent, the employer should contact the Agent to let them know this is the case as soon as possible.