This table provides a summary of key employer obligations for workers compensation and workplace injury management.
It isn't exhaustive and doesn't include the requirements specified in the SIRA Guidelines for workplace return to work programs.
Employer obligation prior to injury | Legislative reference | Issue of employer improvement notice | Penalty notice offence | Maximum penalty |
|---|---|---|---|---|
Have a workers compensation insurance policy | Section 155(1), 1987 Act | No | $1,250 | 500 penalty units or imprisonment for six months, or both |
Keep and supply wage records | Section 174, 1987 Act | No | $1,250 | 500 penalty units |
Have a register of injuries | Section 256 and 63, 1998 Act | No | $1,100 | 50 penalty units |
If you get injured at work information | Section 231, 1998 Act | No | $220 | 20 penalty units |
Have a RTW Coordinator (Category 1 employers) | Clause 19, 2016 Regulation Section 52, 1998 Act | Yes | n/a | 20 penalty units |
Establish a return to work program | Section 52, 1998 Act | Yes | $440 category 1 employer $110 category 2 employer | 20 penalty units for category 1 employer 5 penalty units for category 2 employer |
Display or notify the return to work program | Section 52(2)(c), 1998 Act | Yes | $220 for category 1 employer $50 for category 2 employer | 10 penalty units for Category 1 employer 2 penalty units for Category 2 employer |
Notify insurer of an incident or injury within 48 hours | Section 44(2), 1998 Act | Yes | $550 | 20 penalty units |
Immediately notify regulator (Safework) of notifiable incident | Section 38, 2011 Act | NA | $1,200 for an individual and $6000 for a body corporate | 115 penalty units for an individual and 575 penalty units for a body corporate |
Forward documents related to the claim to the insurer within seven days of a request | Sections 264(2) and 69(1), 1998 Act | No | $1,100 | 50 penalty units |
Provide name and address of employer and insurer to worker on request | Section 232(2), 1998 Act | No | $440 | 20 penalty units |
Comply with the obligations imposed by or under insurer’s injury management program | Section 43(5), 1998 Act | Yes | n/a | n/a |
Participate and cooperate in the establishment of, and comply with obligations imposed by, the injury management plan | Section 46, 1998 Act | Yes | n/a | n/a |
Provide suitable employment | Section 49, 1998 Act | Yes | n/a | 50 penalty units |
Tell insurer if they are unable to provide suitable employment | Schedule 3 Clause 20, 2016 Regulation | No | n/a | n/a |
Pass on compensation monies owed to worker as soon as practicable in line with usual pay cycle | Sections 264(3) and 69(1)(c), 1998 Act | No | $1,100 | 50 penalty units |
Must not dismiss a worker because of the injury within the relevant period (six months after the worker first became unfit for work unless otherwise specified) | Section 248, 1987 Act | No | n/a | 100 penalty units |
Must comply with an employer improvement notice | Section 59D, 1998 Act | n/a | $1,100 | 100 penalty units |
Note:
- 1987 Act = Workers Compensation Act 1987
- 1998 Act = Workplace Injury Management and Workers Compensation Act 1998
- 2011 Act = Work Health and Safety Act 2011
- 2016 Regulation = Workers Compensation Regulation 2016
- A Category 1 employer is an employer:
- whose basic tariff premium exceeds $50,000, or
- who is self-insured, or
- insured with a specialised insurer and who employs more than 20 workers.
- A Category 2 employer is an employer who is not a Category 1 employer.
Updated 19 December 2024