Got Injured at Work? Here's How to Break the News!

In the last 10 years, Australian workplaces witnessed 1,850 tragic injury-related deaths, and over 1,140,000 workers filed serious compensation claims.

This affects one in twelve workers.

Injuries don’t discriminate; they impact workers, families, and communities alike, posing challenges in obtaining compensation and entitlements.

This article focuses on informing you about your work-related injury and guiding you through the reporting process to secure your rights in the workplace.

Understanding Workplace Injuries

Work-related injuries include various types of incidents:

• Objects unexpectedly falling.
• Experiencing cuts and lacerations.
• Encountering bullying or harassment.
• Straining muscles.
• Slipping or tripping unexpectedly.
• Inhaling toxic fumes.
• Facing collisions with machinery.
• Suffering damage to your hearing.

Immediate action is necessary when an injury occurs!

How to Avoid Paying Claim Excess Fees

You must report a work-related injury within 48 hours of knowing about it. Missing the five-day deadline might mean you’ll have to pay a 'claims excess payment' -that's a whole week's worth of your regular payments!

The First Steps

Upon being injured at work, immediately inform your employer for initial aid and medical assistance.

In the case of NSW government employees, the employer handles incident reporting and claims on your behalf. 

For other employees, your employer must notify their claims service provider within 48 hours of the injury or severe illness. 

If your employer fails to report, you or a representative can notify on your behalf.

How to Submit an Injury Notification

When reporting an injury to your claims service provider, you’ll need to provide certain supporting details. 

While you might not have all the necessary information at hand, providing as much as possible can accelerates the determination of support.

Essential Details You’re Required to Provide

When informing your claims service provider about an injury, ensure you provide the following details:

• Your personal information: name, address, contact number, and date of birth.
• Company details: name and address of your workplace.
• Injury specifics: date, time, description, and how it occurred.
• Contact person at work: details of someone (e.g., HR representative) who can discuss your injury.
• The date you stopped working.
• Details of time off work and any required medical treatment.

Optional Details You May Need to Provide

The following information if available can also be provided:

• Specifics about duration of absence from work.
• Date of the medical consultation and diagnosis.
• Reporting date of the injury to your employer.
• Details regarding wages, overtime, and allowances.
• Your employer's ABN or workers' insurance policy number.
• Bank details for future compensation payments.

You might also require these documents:

• NSW workers' compensation certificate of capacity: a document completed by your treating doctor providing medical evidence of the work-related injury or illness.
• Wage-related documents: pay slips, pre-injury average weekly earnings (PIAWE) form, wage reimbursements.
• Medical information: reports, referral letters, X-rays, scans, and medical expense receipts.
• Additional documents: return-to-work plans and unpaid invoices.

Acquiring a NSW Workers Compensation Certificate of Capacity

This certificate, provided by your doctor, acts as the main way of communication between your doctor and all parties involved in your injury report.

Within the certificate, your doctor should outline:

• Your diagnosis and its connection to your employment.
• Required medical treatment.
• Your work capacity (the extent and type of duties you can perform).
• Need for referral to a workplace rehabilitation provider.
• Any delays in your recovery.
• Details of prior related injuries.
• Expected date of return to work.

The certificate typically covers up to 28 days, although special circumstances might extend this period with your claims service provider's approval. 

To allow communication about your injury between your treating health practitioner, your claims service provider, your employer, and any workplace rehabilitation provider, you should sign the consent section of the certificate of capacity. 

Additionally, you're required to declare your engagement in any form of employment, self-employment, or voluntary work. 

Ensuring your certificate is up-to-date is your responsibility to continue receiving entitled weekly payments and treatment services.

Time Limits for Reporting Injuries to Your Provider

Immediate notification of your injury or illness to your employer is important. 

However, there are exceptions if you’re unable to contact your employer immediately. 

You must inform your claims service provider about an injury within six months of the incident. 

You can report it up to three years later if a reasonable cause like ignorance or absence from the State which prevented earlier notification. 

In cases of severe injury or fatality, claims can extend past the three-year limit with reasonable cause. 

Special arrangements exist for instances where the injury wasn't initially recognised. 

For disease-related injuries, special provisions will be applied.

What You Should Do if You Have an Insured Employer

If you've been injured but your employer lacks valid workers' insurance in NSW, you can still report your injury. 

First, confirm your employer's lack of insurance; then, investigations will be conducted to determine liability, ensuring:

• You fit the worker definition under the Workplace Injury Management and Workers Compensation Act 1998.
• You were employed by the identified business.
• The injury occurred during your employment.
• Your work significantly contributed to the injury.

Claims meeting these conditions fall under the normal benefits outlined in the 1998 Workers' Compensation Act.

There will severe penalties for uninsured employers.

Reaching Out for Help

Navigating this process might seem daunting. 

We're here to simplify it. 

With the right steps, support, and information, your recovery path can be clearer and more straightforward. 

Get started on your recovery journey and return to work with AusRehab !

Our top-notch specialists offer rehab services, from workers' comp to CTP workcover doctors and pre-employment screening.

We've got your team's health in good hands. Visit our website or give us a call at 1300 391 947.

Take charge, notify as soon as possible, and rest assured, help is on its way.