FAQ for TAS

What is the time frame to accept or dispute a claim for compensation?
A claim must be accepted or disputed within 84 days of the claim being lodged by the injured worker. If a claim is disputed as from the 1st July 2001 an employer must pay weekly benefits to the employee until the Tribunal determines that a reasonably arguable case exists.
There of course must be grounds for dispute and the dispute must be lodged within 84 days.

Can an injured worker claim a travel allowance if he/she use their personal motor vehicle for travel to and from treatment?
Yes. The rates are set and indexed regularly by the Industrial Relations Commission. Rates for travel reimbursement will vary according to the vehicle's engine capacity.

Can a worker injured on a journey to or from work claim workers compensation?
No the Tasmanian workers compensation legislation does not cover journey claims to or from work.

When is overtime included in the normal weekly earnings calculation?
Overtime can only be included in the calculation of normal weekly earnings if all four of the following criteria have been met:

1. Overtime was a requirement of the workers contract of employment
2. The overtime was worked in accordance with a regular and established pattern and in accordance with a roster
3. The overtime pattern was substantially uniform as to the number of hours worked
4. The worker would have continued to work overtime in accordance with the established pattern if the worker had not been incapacitated.

A weekly benefit calculation sheet can be obtained by contacting Vero Workers Compensation on 1300 366 154

If a claim falls under the employer's excess does the employer still need to forward the claim to Vero Workers Compensation?
Yes, Section 36 of the Act and the conditions of the workers compensation insurance policy require that an employer must forward all claims to the licensed insurer within five days of lodgement by the worker. Payment should not be made even if the claim is under the excess until liability has been determined by Vero Workers Compensation.

What is the difference between the ''Ordinary Time Rate of Pay'' and the ''Normal Weekly Earnings''?
The ordinary time rate of pay is the pay that the worker received during the pay period immediately before the period of incapacity.

Normal weekly earnings are the average of the workers pay for the 12 months immediately prior to commencement of the period of incapacity.

The weekly benefit is the higher of the two rates.

Is an employer required to hold an injured workers job open and/or provide alternative duties?
The legislation requires that an employer must make the worker's pre-injury employment available to an injured worker for 12 months following the date of incapacity and find suitable alternative duties for the worker. This does not apply if it can be shown that the reason for the employment no longer exists, or if it would not be practical to provide alternative duties.

If an injured worker has more than one job, will the calculation of the weekly benefits include income from all jobs?
If an injured worker has two or more part time jobs, he/she is entitled to have the normal weekly earnings calculated on the total pay received from all part time jobs. The employer at the time of the injury is required to pay the full weekly rate for all jobs.

However if the injured employee has a full time job and other part time jobs, the normal weekly earnings figure is calculated upon the basis of the full time job only. Once again the employer at the time of the injury is required to pay the full weekly benefit even if it is the employer for the part time job only.

What is the ''lodgement day''?
The lodgement day is the day on which the employer has been served with both the medical certificate and completed workers compensation claim form. Both forms must be in the prescribed form.

When is an employer required to prepare a return-to-work plan?
If a worker is incapacitated for 14 days or more, the employer must, within five days of this initial period of 14 days, prepare a return-to-work plan in consultation with the worker.