Injury Reporting and Compensation Processes in the Australian Workplace

Generally, following a serious injury or LTI (loss time injury), documentation must be submitted to your local WHS regulator and insurer. Then, an application form is filled out to start the worker's compensation claim.

Key Takeaways

• Notifiable incidents must be reported to a local work health and safety regulator.
• It may take up to 28 days to 84 days for a worker's compensation claim to be accepted or disputed.
• Employers must pay the weekly wages supported by a Certificate of Capacity (medical certificate) and up to $5,000 of medical and associated expenses.

Provide First Aid

Have a qualified first aid provider attend to the employee so they can be administered with treatment when required.

Identify if it is a Notifiable Incident

Under work health and safety laws, you must inform the respective regulator in your state of a notifiable incident such as:

• Death of a person
• Serious head injury
• Serious eye injury
• Serious burn
• Separation of skin from an underlying tissue
• Spinal injury
• Loss of a bodily function
• Serious lacerations
• Exposure to substance
• Infection that is reliably attributable to carrying out work
• Contract of occupational zoonoses
• Spillage of leakage of a substance
• An uncontrolled implosion, explosion, or fire
• An uncontrolled escape of gas, steam, or pressurised substance
• Electric shock
• The fall or release from a height of any plant, substance, or thing
• The collapse, overturning, failure, or malfunction of, or damage to, any plant, structure, or an excavation
• The inrush of water, mud, or gas in workings, in an underground excavation or tunnel
• The interruption of the main system of ventilation in an underground excavation or tunnel
• A serious electrical incident

If you are unsure, call your local regulator for advice.

Call the Local Work Health and Safety Regulator

Report the injury to the respective authority in your state and wait for further guidance.

Jurisdiction	Regulator	Telephone	Website
New South Wales	SafeWork NSW	13 10 50	http://www.safework.nsw.gov.au/
Victoria	WorkSafe Victoria	1800 136 089	http://www.worksafe.vic.gov.au/
Queensland	WorkSafe Queensland	1300 369 915	https://www.worksafe.qld.gov.au/
South Australia	SafeWork SA	1800 777 209	http://www.safework.sa.gov.au/
Western Australia	WorkSafe WA	1300 307 877	http://www.commerce.wa.gov.au/WorkSafe/
Australian Capital Territory	WorkSafe ACT	02 6207 3000	https://www.worksafe.act.gov.au/
Tasmania	WorkSafe Tasmania	1300 366 322 (Tas) 03 6233 7657 (External)	http://www.worksafe.tas.gov.au/
Northern Territory	NT WorkSafe	1800 019 115	https://worksafe.nt.gov.au/
Commonwealth	Comcare	1300 366 979	http://www.comcare.gov.au/

Fill Out the Incident Report Form

Complete the incident report form with your employee, their manager, or you. A copy of the form is available on the WHS regulators' website.

Record the Injury

Record the incident in the Register of Injuries in paper or electronic form. It's accessible for workers to help them raise any safety issues they have. Your state's local regulator may have a form you can use. For instance, SafeWork NSW provides the following standard template on its website.

Notify your Insurer

According to WorkSafe Queensland, injury reporting must be done as soon as possible with no more than eight business days. This is done by completing a form and submitting it to your workers' compensation insurer. Visit the website of your local WHS regulator to download the form.

Inform your Employee about the Workers' Compensation Claim

Inform your employee about his/her right to lodge a claim. Visit the website of your local WHS regulator as each state may have a regulation on how to do this. For instance, WorkSafe Tasmania's discussion about compensation claims states that you must provide them with a notice form within 14 days.

Have your Employee Acquire a Work Capacity Certificate

Have your employee see a medical practitioner, such as your treating doctor, surgeon, or psychiatrist, for a work capacity certificate. This contains information about the work-related injury or illness, treatment required, and if they need time off from work. It is an essential attachment when claiming compensation later.

Send the Compensation Form to your Insurer

Acquire the Application for Compensation Form from the website of local WHS regulators and your insurer. Fill out the part that requires information from you as the employer, then give it to your employee to complete. Once you receive the finished form, send it to your insurer together with your employee's work capacity certificate within 5 working days.

Notify your Worker of the Claim Status

Coordinate with your insurer and inform your employee in writing about the status of their claim within 28 days.

Make the Wage Payments and Reimbursement of Associated Expenses

Acceptance and dispute of a claim must be done within 84 days (depending on the state or territory). During this time, you must pay their wage payments that are supported by a Certificate of Capacity (medical certificate). Your employee may be entitled to a payment for medical and associated expenses.

Coordinate the Rehabilitation and Return-to-Work Process

Initiate contact between your employee, insurer, and treating doctor to discuss the injury, treatment, and return to work. See if there are any suitable alternative duties within the restrictions indicated on the Workers Compensation Certificate of Capacity (medical certificate). To find more information about this step, visit the website of your local WHS regulator.

Frequently Asked Questions

What is the time frame for reporting an incident at work?

• You must notify your WHS regulator immediately after becoming aware of serious work-related injuries, illnesses, and dangerous incidents.

What is the employee's responsibility if they get injured?

• Workers must fill out necessary forms, see a doctor, take part in recommended medical treatment, and provide updates regularly

How is compensation calculated?

• It depends on several factors such as the severity of injury, impact on the worker's life, medical expenses incurred, and others