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I've been injured at work, what do I do next?

I’ve been injured at work, what do I do next?

Published on May 5, 2023 by Abbey O'Brien and David JonesAbbey O'Brien and David Jones

This article was written by Abbey O’Brien.

The Australian Bureau of Statics reported that in 2021-2022, 497,300 people suffered a work-related injury or illness.[1] Despite the large number of workers reporting a workplace injury each year, one of the most frequently asked questions by those seeking advice following a work injury is “What do I do next”.

The workers compensation scheme in New South Wales is complex and the first time a worker generally encounters this system, and its requirements, is when they are injured.

So, following a workplace injury, what should you do next?

1. Report your injury

The first step you should take is to immediately report your injury to your employer.[2]

Reporting your injury as soon as the injury happens is important for three key reasons:

  1. It provides a record of the injury which can be used as evidence that you had suffered an injury on that day.
  2. The Workplace Injury Management and Workers Compensation Act 1998 places an obligation on your employer to notify their insurer of the injury within 48 hours of you notifying them of your injury. Your employer must also provide any documentation you provide to them notifying your injury, to their insurer within seven days. [3]
  3. If you do not report your injury as soon as you can, you may be prevented from recovering compensation under the NSW workers compensation scheme.

2. How can I Report my Injury to my Employer?

You can do this by telling your employer or by completing a notification of injury in writing.[4] You can also record the injury in your employer’s ‘Register of Injuries’.

In the notification, you will be asked to provide your personal information such as name, address, contact number, and date of birth, as well as the name and address of your workplace. You will also need to provide details of the injury such as the date and time you were injured and a description of how you were injured and what the injury was. You will need to provide contact details of a person who can discuss your injury. For example, this could be your supervisor or a Human Resources (HR) representative. If you are a member of a Union, you should also advise your workplace delegate of your injury.

3. What if I do not report my injury?

If you do not report your injury, you risk being precluded from recovering workers compensation benefits. Generally, you must report your injury as soon as possible and bring your claim for workers compensation benefits within six months from the date of your injury. A claim can still be made within three years of your injury if it can be shown that the failure was occasioned by ignorance, mistake, absence from the State or other reasonable cause.

4. Make an Appointment to see your Doctor

You should attend your General Practitioner and obtain a workers compensation certificate of capacity as soon as possible.

Sometimes, your employer will have a preferred GP. We recommend attending your own GP rather than the one recommended by your employer.

Once a certificate of capacity is obtained, you should provide a copy to your employer.

Once you provide it to your employer, they must provide it to their workers compensation insurer.

5. Make a Claim for Workers Compensation

When can I make a claim for Worker’s Compensation?

Once you have reported the injury and provided a certificate of capacity, you should make a claim for workers compensation benefits. To make a claim, you should complete a ‘Worker’s Injury Claim form’ available on the State Insurance Regulatory Authority website, or from the insurer.

If you need assistance in making a workers compensation claim, contact us today to discuss your individual claim and the potential benefits available in further detail.

 


[2] Workplace Injury Management and Workers Compensation Act 1998 s44(1).

[3] Ibid s44(2). For more information, see Icare ‘Notify us of an injury or make a claim’:

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