84Employer to forward incident report and claim

84 Employer to forward incident report and claim (1) An employer shall, immediately on receiving a claim for compensation, complete the employer's report section of the claim form and, within 3 working days after receiving the claim: (a) where the employer is a self-insurer – forward a copy of the claim to the Authority; and (ab) if the employer is uninsured – forward the claim to the Nominal Insurer and a copy of the claim to the Authority; and (b) in all other cases – forward the claim, and a copy, to his or her insurer; and (c) in all cases – retain a copy of the claim for his or her own records. (2) An insurer who is given notice of a claim under section 81 or receives a claim forwarded under subsection (1) shall, within 10 working days after the notice is given or the claim received, forward a copy to the Authority. (3) Despite sections 81 and 82, a person making a claim for compensation for an injury may lodge the claim with the relevant insurer or the Authority if the person becomes aware that the (a) has not complied or is not likely to comply with subsection (1)(a) or (b); or (b) is refusing to receive the claim; or (c) cannot be identified; or (d) cannot be found; or (e) is dead; or (f) is a corporation which has been wound up; or (g) is uninsured. (4) Where under subsection (3) a person lodges a claim for compensation with the relevant insurer or the Authority: (a) the insurer shall give to the Authority a copy of the claim and accompanying documents; or (b) the Authority shall give to the relevant insurer the claim and accompanying documents,

Return to Work Act 1986 86 within 10 working days after the insurer or Authority receives them. (5) An employer who: (a) refuses to receive a claim for compensation; or (b) dismisses a worker from employment for the reason only that the worker has given or attempted to give to the employer or the Authority a claim for compensation, is guilty of an offence. Maximum penalty for an offence against this section: In the case of a body corporate – 85 penalty In the case of a natural person – 25 penalty 6 penalty units. In the case of a natural person – 1.2 penalty units.