You have a right to attend the doctors of your choice (nominated treating doctor). You have the right to choose where to go seek that treatment. It is illegal for the company to advise you that you are not covered by workers compensation unless you go to the company doctor. If this occurs please contact SIRA (State Insurance Regulatory Authority).
If your doctor of choice is unavailable and you have to seek treatment at a hospital or another doctor, please advise the doctor at the time that you do not wish for them to be your nominated treating doctor for any ongoing treatment.
Make sure the WORKERS COMPENSATION CERTIFICATE known as a Certificate of capacity/certificate of fitness is not ticked otherwise if that doctor does tick the box they become your nominated treating doctor.
It is illegal for a representative of the company to attend your medical appointment without your permission. Please be very careful when signing any documents. If you are unsure, you have the right to speak to an AMIEU Union delegate
It is illegal for a representative of the company to contact your doctor without your permission. You have the right to tell your doctor that he/she must not provide any information.
If you are feeling coerced, persuaded and repeatedly being asked after saying no, please contact SIRA (State Insurance Regulatory Authority).
If the company and/or insurance agency require any information that they have a legal right to, you have the right to ask that they request the information from you in writing explaining their reasons for the information. If you are unsure, you have the right to speak to an AMIEU Union delegate.
The company have a legal obligation to provide workers with duties if there are any suitable duties available at work. Your certificate of capacity will state whether you:
- can NOT work at all
- can work in a restricted capacity.
- fit to return to work with no restrictions
If your certificate states that you can return to work with restricted capacity, the company should provide you with a list of duties that fit within your restrictions. When you return to work with restrictions you have a right to have the return to work plan reviewed at any stage.
IF YOU ARE FIT TO RETURN TO WORK WITH NO RESTRICTIONS, ENSURE YOU HAVE A RETURN TO WORK CERTIFICATE