(1) If an insured
employer from which a worker has claimed compensation fails to give the claim
to the insurer in accordance with section 26, the worker may give the
claim to the insurer.
(2) A worker gives a
claim to the insurer by either —
(a)
giving the insurer a copy of the claim form and certificate of capacity given
to the employer; or
(b)
giving the insurer another completed claim form (in the approved form) with a
certificate of capacity for the claim.
(3) A claim that a
worker gives to an insurer is taken to have been given to the insurer by the
employer at the time the worker gives it to the insurer and the insurer must
deal with the claim accordingly.
(4) WorkCover WA may,
for the purposes of this section, disclose to a worker the identity and other
details of an employer’s insurer.