If you're an employer

What to do first if you're an employer and an injury or illness occurs in the workplace.

1. Report the incident

If the injury is considered 'serious' or 'dangerous' or has resulted in a death you must report the incident to Safework NSW immediately on 13 10 50 because an urgent investigation might be required and the incident site might need to be preserved until an inspector attends.

Safe Work Australia have a notifying fact sheet with more information about what constitutes a serious injury or illness or a dangerous incident.

Significant penalties apply if you fail to report an incident.

2. Record the incident

You must also record it in your register of injuries (regardless of whether there has been or will be a claim made).

What is a register of injuries?

A register of injuries is simply a record of each work related injury that has happened to your workers while they've been working for you.

It may be kept in writing or be electronic (eg on a computer).

The register of injuries must include these details:

name of the injured worker
the worker's address
the worker's age at the time of injury
the worker's occupation at the time of injury
the industry in which the worker was engaged at the time of injury
the time and date of injury
the nature of the injury
the cause of the injury

There are penalties for failing to keep a register of injuries.

SafeWork NSW has a standard template you can use.

For more information on register of injuries, see SafeWork NSW.

3. Tell your insurer

You must tell your insurer within 48 hours of being made aware of the injury. This is called the 'initial notification'.

As the notifier you must provide your business's name and contact details, as well as your own name, relationship to the worker or employer (eg your job title) and contact information.

The insurer will also want to know:

the date and time of the injury/illness, or the period over which the injury emerged
a description of how the injury happened
a description of the injury

Your insurer may request more information if the above information is incomplete or further information is required.

To learn more, please refer to the workers compensation guidelines.

You can also call us on 13 10 50 for enquiries or assistance.

Further information

What information do I provide the insurer?

As the notifier, you must provide the following information to the insurer:

worker's name and contact details
employers business name and contact details
treating doctor's name and contact details (where relevant)
date and time of injury (or the period over which the injury emerged), description of the injury and how it happened
notifier's name, relationship to the worker or employer, and contact details (including phone number and postal address)

The insurer may request more information if the above information is incomplete or further information is required.

To learn more, please refer to the workers compensation guidelines.

Who else can notify the insurer?

The representative of either the worker or employer (such as a doctor or union representative) can also notify the insurer.

Time limits for claiming

A claim for workers compensation should be made within a maximum of six months of the date of injury (or in the case of a death - within six months of the date of death).

In some circumstances, this time limit may be exceeded. For example:

a claim can be made up to three years after the accident in some situations (eg absence from the state or honest mistake)
if a claim relates to an injury resulting in death or serious and permanent impairment, the claim may still be made after three years, if there is a reasonable cause for the delay
if a period greater than three years has passed since the incident then a claim may still be made with SIRA approval.

There are special arrangements for cases where a worker is made aware they have received an injury a long time after the accident.

Contact the insurer for further advice or call IRO on 13 94 76 for more information.