An injured worker who has a dispute with their insurer (either a WorkSafe Agent or a Self-insurer) and employer can bring certain workers compensation disputes to arbitration following a conciliation at the Workplace Injury Commission that did not resolve the dispute. A referral for arbitration can be lodged, which starts the arbitration process.
Arbitration can be a complex and lengthy process compared to conciliation, so parties are encouraged to resolve disputes during conciliation. An experienced Arbitration Officer, who is an independent decision-maker, will conduct a hearing, consider the evidence and determine the dispute; adhering to the principles of procedural fairness and the law. Of course, parties are encouraged to resolve disputes by agreement, independently at any time, either between themselves or with the further assistance of a conciliation officer.