Chapter 6
Steps to claim disability
- The employee must inform the employer, supervisor or foreman of the accident, injury or disease verbally or in writing.
- The employer must report the accident or disease to the Compensation Commissioner within 7 days for an injury and within 14 days after gaining knowledge of an alleged occupational disease. The employer must report it, even if they do not believe the injury or disease is work-related. If the employee is unemployed by the time a disease is diagnosed, the employee can send forms directly to the Commissioner.
- Part of the form must be given to a doctor to complete, to check that the injury or disease falls under the Compensation Fund.
- The doctor must send a First Medical Report (W.CL.4) detailing the disease or seriousness of the injury and the likely period the employee will be off work. This must be done within 14 days of seeing the employee.
- The employer must send the First Medical Report to the Commissioner.
- If the employer refuses to complete and send the form, the employee or a representative may send a form directly to the Commissioner. The Commissioner will instruct the employer to fill in the right form.
- The doctor must also send Progress Medical Reports (W.CL.5) monthly while treatment is carried on. If the employee’s condition has not improved after 24 months, the Commissioner may decide that the condition is permanent and grant compensation for permanent disability.
- The doctor must send in a Final Medical Report, stating either that the employee is fit to return to work or that the employee is permanently disabled.
- The doctor submits this form to the employer, who sends it to the Commissioner. Anyone else can send the medical reports to the Commissioner, as long as the claim number is on the form.
- The employer sends in a Resumption Report (W.CL.6) to the Commissioner, when the employee starts work again or is discharged from hospital. The employer also fills in this form to claim back the compensation money the employer paid to the employee during the first 3 months they were off work.