Employer > Employer responsibilities > Rights and responsibilities

Rights and responsibilities

Under the South Australian Workers Rehabilitation and Compensation Act, employers are expected to uphold certain responsibilities but you also have specific rights, so too does your worker. You can find out more about these in the information bars below.

Employer rights and responsibilities

You have a right to:

  • ask your case manager to:
    • review a claim if you believe that weekly payments to your worker should be stopped or reduced
    • arrange for your worker to attend an examination by a recognised medical expert
    • be provided copies of medical reports upon written request and ask for a report on your worker’s medical progress and incapacity for work
    • take into consideration any other relevant factors
  • file a Notice of dispute in the Workers Compensation Tribunal to review any decision made about your worker’s claim
  • let us know if you are dissatisfied with the service you have received from WorkCover and/or our claims agent, Employers Mutual
  • be provided with a copy of your worker’s rehabilitation and return to work plan and be included in its preparation
  • seek legal representation at any time and may choose to be represented by a solicitor or an employer advocate
  • lodge an application for review if you think a levy decision is unreasonable or incorrect
  • be treated with dignity and respect
  • have your cultural and ethnic practices respected
  • be kept up to date
  • prompt decision making (determinations).

You can also contact your worker’s doctor, but only with their permission, and only to discuss:

  • their diagnosis or prognosis
  • matters strictly relating to their claim
  • how you can help their recovery and return to work.

You have a responsibility to:

  • provide a safe working environment
  • provide suitable employment and be actively involved in your worker’s rehabilitation
  • comply with the requirements of your worker’s rehabilitation and return to work plan (if they have one)
  • keep in touch with your case manager until your worker is doing their normal work and normal hours (this includes notifying the case manager if there is any change in type of work or hours)
  • not fire your worker without first giving them or the case manager at least 28 days’ notice.

Note: Failure to fulfil your obligations may result in you being prosecuted and fined.

Worker rights and responsibilities

Your worker has a right to:

  • make a claim for compensation
  • choose or change their doctor
  • have someone else there at any meeting to talk about their claim
  • have all personal information kept confidential
  • get advice before signing anything
  • be provided with a copy of all medical reports about their claim
  • be provided with a copy of their rehabilitation and return to work plan and be included in its preparation
  • have reasonable out-of-pocket expenses paid within 14 days
  • use an interpreter
  • use an advocate
  • tell us if they are unsatisfied with the service they receive from WorkCover and/or our claims agent, Employers Mutual
  • file a Notice of dispute in the Workers Compensation Tribunal to review any decision made about their claim
  • ask for a second opinion
  • be treated with dignity and respect
  • have their cultural and ethnic practices respected
  • be kept up to date
  • prompt decision making (determinations).

Your worker has a responsibility to:

  • report the injury to you as soon as possible
  • get treatment for their injury
  • give you a WorkCover Medical Certificate if they have time off work and/or make a claim
  • be actively involved in their treatment and rehabilitation and comply with the requirements of a rehabilitation and return to work plan
  • do suitable tasks their doctor says they are fit to do
  • attend an examination by a doctor or workplace rehabilitation consultant nominated by their case manager (for an assessment only)
  • advise their case manager if they change their address or phone number.
 
Did you know?
Your worker has a right to have someone else there at any meeting to talk about their claim.