What is my employer’s obligation to report an injury?

The Work Health and Safety Act NSW 2011 (WHS Act) creates a duty on an employer to notify WorkCover immediately if any of the following occur in the workplace:

  • The death of a person
  • A serious injury or illness of a person
  • A dangerous incident

An employer must notify WorkCover immediately and notify the scheme agent (insurer) within 48 hours. This is known as a notifiable incident.

Other incidents involving injury or illness which are not notifiable incidents, but where workers compensation may become payable, must be notified to the scheme agent or insurer within 48 hours of the injury.

Employers are also required to keep a register of injuries that is readily accessible in the workplace. This register is a record of any injuries suffered by workers, whether they result in any claims or not. This register must be kept in written or electronic form and must be accessible to all employees.

The employer must also provide the worker with:

  • First aid
  • Transport to medical treatment
  • The name of the employers insurer
  • The company name and contact details of the employer
  • A Workers Compensation Claims form if requested