Recovery at work insider - Notification of workplace injuries to the Insurer

27 May 2025

Welcome to Recovery at work insider. This monthly email is designed for employers, workplace rehabilitation providers and other stakeholders who support recovery through work. You can view previous editions on the SIRA website.

Each issue deep dives into a different recovery at work topic. This month we will look at employer obligations for reporting workplace injuries in NSW.

What is the employer obligation to report all workplace injuries?

Employers have a legal obligation under Section 44(2) of the Workplace Injury Management and Workers Compensation Act 1998 to notify their workers compensation insurer within 48 hours of becoming aware that a worker has received a workplace injury (except for employers with a single self-insurer licence)¹. The 48-hour period starts at the time an employer becomes aware of the injury and includes weekends and public holidays. Employers can be penalised for failing to comply.

An employer becomes aware of an injury when a supervisor or manager within the business becomes aware an injury has occurred. This happens if an employer, supervisor or manager:

• is told about it (in person or by telephone),
• receives information in writing (via text, Teams message or formal incident/injury report) or
• witnesses the injury.

The worker, an employer or their representative can make the initial notification to the insurer electronically, in writing or by telephone.

The minimum information required for an initial notification to an insurer is:

• the worker's name, address and contact telephone number
• the name and address of the company
• the name of the treating doctor and contact number or name of the hospital (if known)
• whether any medical treatment is required
• the date, time, place and nature of the injury and details of how it happened
• whether the injury has caused any partial or total incapacity for work and loss of income
• the name and contact details of the person making the notification and their relationship to the worker or employer.

Note: The absence of any of the above information should not delay the notification of the workplace injury or illness to the insurer.

Why is it important?

Employer RTW systems must include a way to make an early report of workplace injuries. This allows for early intervention and support. Early intervention leads to better recovery and RTW outcomes.

Note: Under work, health and safety laws, you must report a notifiable incident to SafeWork NSW immediately on 13 10 50. An incident is notifiable if the worker’s injury is considered 'serious' or 'dangerous' or has resulted in a death. Significant penalties apply if you fail to report a notifiable incident.

From the evidence

A longer time between date of injury and making a claim is associated with an increased likelihood of a longer time away from work^2,3.

A positive and supportive response from a worker’s supervisor when an injury is reported is associated with better RTW outcomes⁴.

What you can do

Notify your insurer of all workplace injuries within 48 hours of becoming aware of them.

The 48 hours includes weekends and public holidays. For example, if you become aware of an injury at 3:00 pm on Friday, the report must be made by 3:00 pm on Sunday. Your worker, your representative or you can make the initial notification to the insurer electronically, in writing or by telephone.

Ensure your internal processes outline:

• how the worker is to notify the employer
• who is responsible for notifying the insurer.

Ensure systems are in place to support notifying within the required timeframe.

You should hold regular self-audits of injury reporting data to make sure you comply with reporting requirements under section 44(2) of the Workplace Injury Management and Workers Compensation Act 1998. If you find any delayed or absent notifications of workplace injuries, report them immediately and take action to close any gaps you have identified in your process.

Resources and tools

Next edition

Our June edition will look at providing suitable work following a workplace injury.

References

1. Section 44(2) of the Workplace Injury Management and Workers Compensation Act 1998
2. Gray SW, Sheehan LR, Lane TJ, Beck D, Collie A. May 2018. Determining the association between workers compensation claim processing times and duration of compensated time loss. COMPARE project team. Insurance Work and Health Group, Monash University: Melbourne
3. Sheehan LR, Gray SW, Lane TJ, Beck D, Collie A. 2018. Employer Support for Injured Australian Workers: Overview and association with RTW. COMPARE project team. Insurance Work and Health Group. Monash University: Melbourne. Cited in SafeWork Australia. National RTW Strategy 2020-2030
4. Wyatt, M. and Lane, T. 2017. RTW: a comparison of psychological claims and physical injury claims - analysis of the RTW Survey results. Commissioned by Safe Work Australia