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ARTICLE · 13 OCTOBER 2021

How long does the insurer have to accept my claim?

Carroll & O'Dea
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Whilst the insurer is required by law to make a decision within 21 days, it is often not as clear cut as that.

AustraliaInsurance
David Jones
David Jones
Dane Twohill
Dane Twohill
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One of the most common questions that I am asked by an injured worker when providing them advice following a workplace injury is, "how long does the insurer have to decide whether they accept my claim?". Whilst the insurer is required by law to make a decision to accept your claim or not within 21 days, it is often not as clear cut as that. Let me explain.

Making a claim

If you suffer an injury at work you should immediately notify your employer. If you require treatment or time off work as a result of the injury, you should also attend your general practitioner to obtain a Workers Compensation Certificate of Capacity ('Workers Compensation Certificate').

Once you have obtained a Workers Compensation Certificate you should then complete a Worker's Injury Claim Form ('claim form') and provide a copy of both documents to your employer. You should also ensure you retain a copy of these documents for your records.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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